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Football star rape conviction reversed
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Author:  Diamondeye [ Fri May 25, 2012 7:47 am ]
Post subject:  Football star rape conviction reversed

Hopefully will still get to play in the NFL one day

Quote:
A rising football star in southern California whose career was brought to a sudden halt by a kidnap-rape conviction that landed him in prison was exonerated today after his accuser contacted him on Facebook recanted her story.

"I'm just thankful to be free now and have the opportunity like anybody else to thrive in life," Brian Banks told ABC News Radio today. "I'm completely overwhelmed with so many emotions and feelings all at once."

In a hearing today, Banks shook from sobbing when prosecutors said they did not object to his conviction being reversed. His mother and girlfriend who were in court shrieked with happiness.

Banks, now 26, was 17 in 2002 and "by all accounts, a rising football star," according to court documents. Many believed the 6-foot-4, 225 pound athlete was bound for the NFL. The University of Southern California, a Division 1 school, had offered him a full-ride scholarship and a slew of other schools—including Michigan State University and University of Kansas—were pursuing the middle linebacker.

"Tragically, Banks would never realize his dream of going to college and playing college football," his attorneys wrote in court documents. "A high-school acquaintance—Wanetta Gibson—shattered that dream one fateful day after she accused Banks of rape and kidnapping following a consensual sexual encounter."

When Gibson accused Banks of rape following an encounter at Long Beach Polytechnic High School, his attorneys encouraged him to plead no contest instead of going to trial before a jury and risking 41 years in prison.

His attorneys said he "chose the lesser of two evils" when he pleaded no contest. Banks was sentenced to six years, which he served and is now on parole and registered as a sex offender.

On Feb. 28, 2011, Banks' story took a dramatic turn. Gibson, his accuser, requested his friendship on Facebook. He did not accept it, but asked her if she would meet with him and a private investigator. She agreed.

"Gibson met with Banks and a private investigator and recanted her preliminary hearing testimony that Banks raped her," his attorneys wrote. She said that the two had been "making out pretty heavy," but that they did not have intercourse or "anything like that."

"Gibson said that they were just playing around, being curious about sexuality, and that the adults got involved and blew it all out of proportion," according to legal documents. "She said the adults 'put stuff in [her] head.'"

The problem was that Gibson did not want to tell prosecutors the truth because she feared she would lose the $1.5 million she and her family won in a civil suit against Long Beach schools after the incident.


The California Innocence Project, a law school clinical program at California Western School of Law dedicated to releasing wrongfully convicted inmates, took on Banks' case and won his exoneration.

The Long Beach School District did not immediately respond to questions from ABCNews.com about whether they would seek the return of the money from the civil suit.

Now, Banks is more than happy to get back to his life with a clean slate and has not given up his NFL dreams.

"I've been training since October of last year in hopes of giving football another shot," Banks said. "I'm hoping to possibly receive a try out from a team."

He is also working on a documentary about his life, according to his website. He said his family is "ear to ear with smiles."

"Everybody's just yelling and hugs and kisses," he said. "Everyone's just happy. So we all have on these 'innocent' shirts and 'exonerate' shirts."

When asked if he harbors any bitterness or anger about what happened, he said, "I've been asked that question a couple of times and my answer's always been no. You know I can hold on to that, that bitterness and that anger. It won't get me anywhere."


It's encouraging to see that this young lady eventually did do the right thing.

However, this is a textbook example of how sex offense/rape laws and the ability to easily win large civil settlements (due to the low burden of proof in civil cases) encourage this sort of thing. People assume guilt for anyone accused of a sex offense, especially a young male teenager, because we all know young men can never keep their pants zipped, and we all know that high school girls always really want to say no, but just don't - or that's what we're told by the media and in sex ed/any class on gender roles in school.

For some reason, though, we're still hearing about how rape victims supposedly still "aren't believed". If by "not believed" the feminazis mean "the accused get to choose to plead guilty or no contest to avoid a guilty finding at trial that would put them away for life regardless of the facts" then maybe so. Of course, that says nothing of the question of his legal representation. I bet if he'd had 1.5 million dollars he could have hired a better lawyer. I also wonder ow much of that 1.5 million actually went to the girl's family and ho much went to whatever ambulance chaser they got to represent them.

Author:  Aizle [ Fri May 25, 2012 10:25 am ]
Post subject: 

What is unfortunate here is that there will probably be almost no accountability placed on either the girl or the adults who "put stuff in her head".

Sounds like the guy has a good attitude, and I hope he's able to salvage the rest of his life.

Author:  Hopwin [ Fri May 25, 2012 11:41 am ]
Post subject: 

The rape conviction process always reminds of paternal rights. In a court of public opinion the majority of us side with the female in any guy vs. gal issue.

Author:  Talya [ Fri May 25, 2012 11:47 am ]
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It's a male-designed system and men tend to be sexist against other men.

Author:  Diamondeye [ Fri May 25, 2012 11:57 am ]
Post subject:  Re: Football star rape conviction reversed

And yet, people still insist the system is biased against female victims. Hilarious. Try being a male victim, of either gender.

Author:  Arathain Kelvar [ Fri May 25, 2012 12:00 pm ]
Post subject:  Re: Football star rape conviction reversed

Diamondeye wrote:
Try being a male victim, of either gender.


:psyduck:

Author:  Hopwin [ Fri May 25, 2012 12:03 pm ]
Post subject:  Re: Football star rape conviction reversed

Arathain Kelvar wrote:
Diamondeye wrote:
Try being a male victim, of either gender.


:psyduck:

Image

Author:  Diamondeye [ Fri May 25, 2012 12:43 pm ]
Post subject:  Re: Football star rape conviction reversed

Of a rapist of either gender. I don't think it was that hard to figure out.

Author:  Corolinth [ Fri May 25, 2012 1:45 pm ]
Post subject: 

I thought that's where you were going with that, but I did feel the statement could use some clarification.

Author:  Diamondeye [ Fri May 25, 2012 3:42 pm ]
Post subject:  Re: Football star rape conviction reversed

I suppose in retrospect the phrasing was poor.

Author:  Rorinthas [ Sun May 27, 2012 7:08 am ]
Post subject:  Football star rape conviction reversed

One of his mistakes was to plead no contest. I've said before that I strongly believe not guilty individuals should plead not guilty.

Secondly, I wonder what kind of evidence (if any) was being presented beyond her testimony. I don't think anyone should go to jail on the testimony of one person, especially when another person is telling an opposite story, unless there are some obvious holes in the persons story. If two people tell opposite stories, one of them has to be lying. Unless you can reasonably ascertain which one it is, then you can't find beyond reasonable doubt. I think he could have made that case. I'm wondering if his lawyer didn't believe him either or didn't want to loose.

Author:  Diamondeye [ Sun May 27, 2012 9:50 am ]
Post subject:  Re: Football star rape conviction reversed

My dad said once that the only cases he ever lost where he was defending a client he believed actually was innocent, were sex offense cases. I have a feeling his attorneys advised him based on a similar sentiment.

We're constantly told that it's bad if alleged rape victims "aren't believed" or are "accused of lying". The obvious problem with that is that treating the victim's story as true until proven false means treating the accused as guilty until proven innocent - yet that's the way society handles it after 30+ years of hearing about how rape victims get accused of being "lying whores". That's what has led us to a situation like this one - helped along, no doubt, by financial incentives from civil litigation for profit.

Author:  Rynar [ Sun May 27, 2012 1:03 pm ]
Post subject: 

She needs to go to jail, and he needs to be given her 1.5 mil.

Author:  Rorinthas [ Sun May 27, 2012 1:20 pm ]
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I was thinking about that too Rynar. She probably does and she probably should turn herself into the authorities for lying under oath. Then she can plead no contest if she wants.

Author:  Diamondeye [ Sun May 27, 2012 5:04 pm ]
Post subject:  Re:

Rynar wrote:
She needs to go to jail, and he needs to be given her 1.5 mil.


I agree in a certain principle, but who'd going go reimburse the school district then? They lost money based on a false accusation. Clearly far less a wrong than what he suffered, but still unfair.

Author:  Tangu Matraa [ Sun May 27, 2012 6:03 pm ]
Post subject: 

She should. Every cent she makes for the rest of her life should be seized, and payed first to him in to the sum total of 1.5 million, plus compounding interest at a reasonable rate of 2.5% on all monies not payed, until the debt is met. Then that same 1.5 million, with the same interest stipulations, should be paid to the school district. She can do this from prison, on work release, until all debts are paid or until she dies. Whichever comes first.

Author:  Diamondeye [ Sun May 27, 2012 7:20 pm ]
Post subject:  Re: Football star rape conviction reversed

Got any numbers on that?

Author:  Rorinthas [ Sun May 27, 2012 11:30 pm ]
Post subject:  Football star rape conviction reversed

That seems a bit overboard. She should go to jail and she should serve as many years as possible for her crimes of perjury.

In a general sense I think we should bring back prison farming, rock breaking and license plate making.

Author:  Tangu Matraa [ Sun May 27, 2012 11:56 pm ]
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I disagree. It's not at all overboard for stealing 6+ prime years of a man's life, his hopes and dreams, and, according to the article, his best chance at a future and career; combined with stealing 1.5 million dollars of tax-payer money.

1.5 million feels just for the time she stole from him, and 1.5 million is the money she clearly owes back to the tax-payers.

Author:  Rorinthas [ Mon May 28, 2012 6:34 am ]
Post subject:  Football star rape conviction reversed

But you can't take every cent she makes therefore making her a burden on the taxpayers further for her own needs. Blood, turnips, and all that.

Author:  Diamondeye [ Mon May 28, 2012 3:50 pm ]
Post subject:  Re: Football star rape conviction reversed

I doubt she'd be able to make enough money to meaningfully cover the expenses of her work-release, as well as pay back a significant amount of the 1.5 million to the school district and pay banks 1.5 million as well. If the rest of society took care of the cost of her jail as with any criminal, and she only had to pay 3 million to the school district and banks, it might be somewhat more feasible but even then I doubt either party would get more than a paltry amount.

I'd also point out that she was a juvenile at the time of the incident. If adults truly were pressuring her to lie, they ought to be responsible for a large portion of this payment. How about her family's lawyer? Did he know when he sued for this 1.5 million that the story was bullshit? If so, let's see him pay back a lot of that money.

Author:  Rorinthas [ Mon May 28, 2012 3:52 pm ]
Post subject:  Football star rape conviction reversed

Im sure there is plenty of blame to go around. Everyone's up in arms over Rodger Clemens's perjury. This is far worse.

Author:  Midgen [ Mon May 28, 2012 7:45 pm ]
Post subject: 

Funny, I don't know a single person who is up in arms about the Roger Clemens case (or cares about it - either way). In fact I can't think of a single person who gives a flip (other than the ginormous waste of taxpayer dollars being spent).

Author:  Rorinthas [ Mon May 28, 2012 9:48 pm ]
Post subject:  Football star rape conviction reversed

Someone must be. Cause they are going crazy having a second trial to get him.

Author:  Müs [ Mon May 28, 2012 9:52 pm ]
Post subject:  Re:

Midgen wrote:
Funny, I don't know a single person who is up in arms about the Roger Clemens case (or cares about it - either way). In fact I can't think of a single person who gives a flip (other than the ginormous waste of taxpayer dollars being spent).


Who's Roger Clemens? And why do we care about him? What'd he do that was so bad that congress is investigating him?

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