
Not only would a lawsuit be time-consuming for Winston, it may also reveal damaging information about him. This is especially true during pretrial discovery, which would take place if Winston's attorneys fail to convince a judge to dismiss the lawsuit. Pretrial discovery would compel Winston to answer sensitive questions under oath and provide text messages, emails and other communications. He would have to discuss the night of the alleged rape and other intimate topics, such as his sexual history and use of alcohol and drugs. While pretrial discovery is generally confidential, the media would aggressively try to uncover any inflammatory information. This information might hurt Winston's reputation with many, including Heisman voters, NFL teams and companies that might eventually want to sign him to an endorsement contract.
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