• Former high school football star's rape charge exonerated
    28 replies, posted
[quote] LONG BEACH, Calif. — A former high school football star whose dreams of a pro career were shattered by a rape conviction burst into tears Thursday as a judge threw out the charge that sent him to prison for more than five years. Brian Banks, now 26, pleaded no contest 10 years ago on the advice of his lawyer after a childhood friend falsely accused him of attacking her on their high school campus. In a strange turn of events, the woman, Wanetta Gibson, friended him on Facebook when he got out of prison. In an initial meeting with him, she said she had lied; there had been no kidnap and no rape and she offered to help him clear his record, court records state. But she refused to repeat the story to prosecutors because she feared she would have to return a $1.5 million payment from a civil suit brought by her mother against Long Beach schools. During a second meeting that was secretly videotaped, she told Banks, "`I will go through with helping you but it's like at the same time all that money they gave us, I mean gave me, I don't want to have to pay it back,'" according to a defense investigator who was at the meeting. It was uncertain Thursday whether Gibson will have to return the money. Prosecutors also said they didn't immediately know if she might be prosecuted for making the false accusation when she was 15. Gibson did not attend the hearing on Thursday. Banks, once a star middle linebacker at Long Beach Polytechnic High School, had attracted the interest of such college football powerhouses as the University of Southern California, Ohio State University and the University of Michigan, according to the website Rivals.com, which tracks the recruiting of high school football and basketball players. Banks said he had verbally agreed to attend USC on a four-year scholarship when he was arrested. He still hopes to play professional football and has been working out regularly. His attorney Justin Brooks appealed to NFL teams to give him a chance. Banks said outside court Thursday that he had lost all hope of proving his innocence until Gibson contacted him. "It's been a struggle. But I'm unbroken and I'm still here today," the tall, muscular Banks said, tears flowing down his face. He recalled being shocked and speechless on the day Gibson reached out to him after he had been released from prison, having served five years and two months. "I thought maybe it wasn't real," he said. "How could she be contacting me?" He said he knew that if he became angry when he met with her it wouldn't help, so he struggled to keep calm. "I stopped what I was doing and got down on my knees and prayed to God to help me play my cards right," he said. In court, Deputy District Attorney Brentford Ferreira told Superior Court Judge Mark C. Kim that prosecutors agreed the case should be thrown out. Kim dismissed it immediately. Banks had tried to win release while he was in prison, but Brooks, a law professor and head of the California Innocence Project at California Western School of Law in San Diego, said he could not have been exonerated without the woman coming forward and recanting her story. Brooks said it was the first case he had ever taken in which the defendant had already served his time and had been free for a number of years. Banks remained on probation, however, and was still wearing his electronic monitoring bracelet at Thursday's hearing. His lawyer said the first thing the two planned to do was report to probation officials and have it removed. "The charges are dismissed now," Brooks said. "It's as if it didn't happen. ... It was the shortest, greatest proceeding I've ever been part of." Banks had been arrested after Gibson said he met her in a school hallway and urged her to come into an elevator with him. The two had been friends since middle school and were in the habit of making out in a school stairwell, according to court papers. There were contradictions in Gibson's story, as she told some people the rape happened in the elevator and others that it happened in the stairwell. A kidnapping enhancement was added to the case because of the allegation Banks had taken her to the stairwell. That enhancement also was thrown out Thursday. Outside court, Banks donned a sweat shirt that read "Innocent," as several friends and family members wept. His parents were jubilant, and Banks thanked them for standing by him. "I know the trauma, the stress that I've been through, but I can't imagine what it's like to have your child torn from you," he said. "I don't know what I would have done without my parents." [/quote] [url]http://www.huffingtonpost.com/2012/05/24/brian-banks-ca-football-p_n_1543992.html[/url] Good for him that he got exonerated, but wow, it's shitty that his dream is probably dead in the water now. He's 26, still young, but I don't know if the offers will still be there for him now.
Goddamn I feel bad for the guy. His life is now fucked. Even if he was exonerated that's still going to stay on his record .
She's not only going to have to pay back the 1.5m to the school, but probably a lot to the guy when he decides to sue. [editline]24th May 2012[/editline] [QUOTE=Djentleman;36084412]Goddamn I feel bad for the guy. His life is now fucked. Even if he was exonerated that's still going to stay on his record .[/QUOTE] It should be wiped, actually.
[quote]In an initial meeting with him, she said she had lied; there had been no kidnap and no rape and she offered to help him clear his record, court records state. But she refused to repeat the story to prosecutors because she feared she would have to return a $1.5 million payment from a civil suit brought by her mother against Long Beach schools.[/quote] Ok.
[QUOTE=scout1;36084428]She's not only going to have to pay back the 1.5m to the school, but probably a lot to the guy when he decides to sue. [editline]24th May 2012[/editline] It should be wiped, actually.[/QUOTE] I hope she has to not only return it, but give him 1.5 million, or at the very least is put in jail
What an incredibly horrible person. Just such a fucking awful, awful person. She deserves to be stripped of her money and sued into debt for causing an innocent person to waste away in jail for 5 years, a stigma, exonerated or not, he will never escape meaning jobs and any venue of life is much, much harder for him to ever pursue. 10 years of sitting with that guilt and this is all she feels she can do?
It's so easy for a girl to cry rape and have a guy's life completely fucked up. It's sad. And now let's play role reversal: I bet if a woman raped a man, and the man reported it, nobody would buy it, because ALL MEN ARE DTF LOL
Jesus Christ, what a sick fuck.
pathetic excuse for a human being
[QUOTE=AJisAwesome15;36084536]It's so easy for a girl to cry rape and have a guy's life completely fucked up. It's sad. [/QUOTE] ugh this is completely wrong one story about a horrible little shit doesn't say anything about the world at large once you realize that only about 3% of rapists ever go to jail. so stop pulling stuff out of your arse, it actually makes things worse.
[QUOTE=thisispain;36084704]ugh this is completely wrong one story about a horrible little shit doesn't say anything about the world at large once you realize that only about 3% of rapists ever go to jail. so stop pulling stuff out of your arse, it actually makes things worse.[/QUOTE] But that doesn't change how easy it is for a girl to be pointing fingers and raise some suspicion
[quote]...I don't want to have to pay it back[/quote] Tough shit, shouldn't have lied about rape which got you into this in the first place.
[QUOTE=AJisAwesome15;36084536]It's so easy for a girl to cry rape and have a guy's life completely fucked up. It's sad. And now let's play role reversal: I bet if a woman raped a man, and the man reported it, nobody would buy it, because ALL MEN ARE DTF LOL[/QUOTE] i know my mom actually warns me about this and most should
[QUOTE=AJisAwesome15;36084743]But that doesn't change how easy it is for a girl to be pointing fingers and raise some suspicion[/QUOTE] no because most men and women who point fingers raise no suspicion to the point of very little happening to the perpetrator, ergo 97% of actual rapists don't go to jail. and due to the stupid little shame culture only 46% of sexual assaults actually get reported that's why you pulled it out of your arse because it's the blatant opposite of what actually happens, and i told you to stop it because it actually perpetrates these problems. you can't say harmful bullshit and then say "I bet if a woman raped a man, and the man reported it, nobody would buy it, because ALL MEN ARE DTF LOL" because those are two related issues. one in every tenth rape victim is male. just fucking think for one small second before you say something, that's all i fucking ask.
Throw the bitch in jail [editline]24th May 2012[/editline] The punishment should be extremely severe for people who do this. This isn't something a person needs to be rehabilitated from, and letting these people walk or go away with light punishments is only an example of how fucked up our system is.
What a fucking cunt.
At least the story's out, so that means the girl's life is ruined.
[QUOTE=thisispain;36084807]no because most men and women who point fingers raise no suspicion to the point of very little happening to the perpetrator, ergo 97% of actual rapists don't go to jail. and due to the stupid little shame culture only 46% of sexual assaults actually get reported that's why you pulled it out of your arse because it's the blatant opposite of what actually happens, and i told you to stop it because it actually perpetrates these problems. you can't say harmful bullshit and then say "I bet if a woman raped a man, and the man reported it, nobody would buy it, because ALL MEN ARE DTF LOL" because those are two related issues. one in every tenth rape victim is male. just fucking think for one small second before you say something, that's all i fucking ask.[/QUOTE] Thank you. It's not like a woman shouldn't face repercussions for falsely accusing someone of rape, but a much more common situation (and not just because more rapists are male) is that a real male rapist gets off scot-free. Even with convicted rapists, some lawyers manage to transfer some of the blame to the woman because of what she was wearing. It's ridiculous.
My sister went to Poly.
Fucking bitch.
Now watch as all the angsty MRAs latch onto this to feed their victim complexes.
This is fucking dumb. People like this should be executed, not even kidding. No need for them in the gene pool.
First page and it's already into the "women can cry rape and everyone gets up in arms yadadadaya" shit.
[QUOTE=Eluveitie;36088084]First page and it's already into the "women can cry rape and everyone gets up in arms yadadadaya" shit.[/QUOTE] Well, seeing as the article is about someone who was convicted because a woman cried rape when there was no rape and his life was ruined. I think it's appropriate and adds to the discussion. Clearly, from this article, it is too easy to cry rape and get a conviction.
We really dont need another one of these debates in the interest of everyone, we know people have differing views on this topic and that people won't have their views changed either way from a debate on FP.
"I don't want to have to pay it back" Too bad bitch, you wanted to get someone in prison now you get to have your life fucked up for a while
[QUOTE=Zacca;36088135]Well, seeing as the article is about someone who was convicted because a woman cried rape when there was no rape and his life was ruined. I think it's appropriate and adds to the discussion. Clearly, from this article, it is too easy to cry rape and get a conviction.[/QUOTE] Ya, one article represents every rape case and wrongful imprisonment
It's a really hard balance to find between making sure as many rapists as possible are convicted and making sure innocent people who are accused are not imprisoned. It's horrible that this man went to prison for a crime he did not commit, but making it harder to get a conviction could end up keeping rapists on the street. [QUOTE]There were contradictions in Gibson's story, as she told some people the rape happened in the elevator and others that it happened in the stairwell.[/QUOTE] That should have ruined her case. If your only evidence is that of the victim, and their stories contradict, there must be reasonable doubt and thus you cannot convict them.
She should be ashamed: it's the actions of her and people like her which prevent real rape convictions ever reaching court.
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