3 Just as he is basking in the glory of leading his team to a national championship .. FSU's Jameis Winston is facing another legal drama. Even though the state attorney in Tallahassee has cleared Winston of any criminal wrongdoing in an alleged rape .. his accuser has decided to sue him. Channel 4's Chris Parenteau spoke to a local attorney ...not involved in the case .. about the differences between civil action and criminal action. 3 The main difference in winning this civil suit is that the accuser only has to prove their case to the majority, not beyond any reasonable doubt as she would in a criminal case. But that doesn't mean that this case, if it does make it to the courtroom, will be something they can win. 3 00-0529-34VO After leading the Seminoles to a last second win in the BCS National Championship game Monday night, Jameis Winston could now have another battle on his hands.Yesterday, Patricia Carroll, the attorney for the woman who accused Winston of sexual assault, confirmed to me that she does plan to file a civil suit against Winston and the Tallahassee Police department. Local attorney Gene Nichols says that if the case makes it to the courtroom, Winston's accuser will most likely have her identity revealed publically. SOT 40:08 Because there is the possibility that the whole world is going to know everything there is to possibly know about her, from the time she was born until now, that is a decision that many people say they don't want to go through with.VO He says in cases like this, the accuser will often try to prove that, because of the incident that happened, she suffered emotional damages.SOT 36:53 I am sure that based on what she will likely allege that they have caused psychological and traumatic injuries to her as well as the inability to go back to Florida State University has hurt her financially.VO But Nichols is hopeful that, unlike the criminal case that we all saw play out very publically late last year, this civil case happens a little bit more under the radar.SOT 43:58 Let's focus on what's most important, and that is your client and whether there is enough to go forward with a lawsuit against Mr Winston. If there is, I fully expect that we will see one. From there, I would expect that it is something that would get settled without making it into trial. I reached out to Tim Jansen, Winston's attorney, for a comment on this possible civil suit, but he didn't return my calls. A spokesperson for the Tallahassee Police Department, who Patricia Carroll claimed would also be a part of that suit, offered this comment "Based upon the facts and information gathered, no violation of Department policy or Florida Law was identified on the part of the investigators assigned to this case; therefore no formal internal affairs investigation will be conducted in this matter." 3 3 3 Chris ..Winston's attorney has repeatedly said any sex between the two was consensual ..besides defending himself against this suit .. are there other legal options open to Winston? There are. Gene Nichols says that Winston and his attorney could potentially file a defamation of character suit, but that would also be difficult to prove.That's why he says he's hoping this case plays out a little more under the radar than the criminal case did.