Tallahassee, Florida (CNN) -- Heisman Trophy hopeful Jameis Winston did not have consensual sex with a student at Florida State University, despite claims to the contrary by the football player's lawyer, the family of the accuser said Friday.
"To be clear, the victim did not consent. This was rape," according to a statement released by the accuser's family.
The release of the statement came a day after Winston's attorney, Tim Jansen, told reporters the sex was consensual and that his client's DNA was found on the clothing of the woman, who nearly a year ago said she was raped.
ESPN, which first reported the DNA development, said the Florida crime lab determined that the possibility it was someone else's DNA would be one in 2.2 trillion.
The case began in December when the woman, a student at the Tallahassee university, reported she had been sexually assaulted. A month later she accused Winston of the alleged rape.
The story became public when some media outlets put in public records requests for the alleged victim's complaint. Tallahassee police have released a heavily redacted incident report documenting a sexual assault allegation in early December 2012.
Tallahassee Police Department Interim Chief Tom Coe told reporters this week that the accuser "broke off contact" with them in February and didn't want to go forward with the case.
The family of the woman has blasted the police investigation.
The woman's family has said a detective warned her attorney that Tallahassee is a "big football town" and her life could be miserable if she pursued the case.
Jansen, Winston's attorney, said he believed the case was closed months ago.
But Coe has said the case is still open.
No one has been charged in the investigation, and state attorney Willi Meggs said his office has yet to interview the woman. He will meet with his staff Friday, he said, to determine their next steps.
The family of the accuser has said they never leaked information about the case, a response to Jansen's comment last week that the timing of the media discovering the case -- in the middle of the college football season -- was "very suspect."
The Heisman Trophy is awarded each December to the player who voters believe is college football's top player for the season. Winston has thrown for 28 touchdowns for the Seminoles, who are 10-0 and with three more wins could play in January for the national championship.
Winston didn't play during the 2012 season but came to Florida State as one of the nation's top quarterback recruits, according to recruiting rankings.
Florida State has said university officials cannot comment on an open investigation.