Former NFL linebacker Nate Webster is being accused of sexual battery, gross sexual imposition and five counts of unlawful sexual conduct of a minor. His trial began last week. According to Webster's lawyers the victim was 16 years old, which if proved, could mean the difference of 30 years in prison for the former Bengals (and Broncos and Buccaneers) linebacker. Webster's team isn't disputing that he didn't have sexual relations with the girl, but her age is what's in dispute.
Webster had already admitted to police during interrogation that he had sex with the girl. The admission was filmed and played to the jury during his trial late last week. His lawyers claimed that concussions he suffered in the NFL led to contradiction in his statements to police.
From Local 12:
They also played video of Webster as he as questioned on the allegations by detectives. Webster first denied having sex with the teen and claimed the two sent only a few text messages. But detectives had phone records and knew that Webster and the girl had texted hundred's of times.
Webster ultimately admitted to the sex but maintained it was consensual and told detectives, "I've been trying to stay away cause she's been nothing but bad. So I forced myself on her every time we had sex? Detective, that's the only part that don't sit well with me. I don't have to take nothing. I don't have to be aggressive and I'm not the aggressive type. Everything that she did she did cause she wanted to do it."
Without being actual lawyers and generally having no ambition to become one today, we have to think that the argument may gain some favor, thanks to the environment in which concussions are being debating in the NFL, compounded with over 50 lawsuits by well-over 1,000 former players. But we also have to believe that Webster and his lawyers need to prove a history of symptomatic behavior in relation to concussions, or else the jury would believe it's nothing more than a last-ditch argument to save Webster 30 years of his life.