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Ex-Football Star Brian Banks Cleared of Rape After 5 Years in Prison
Ten years ago, Brian Banks was the fiercest middle linebacker on the Long Beach Polytechnic High roster. Renowned schools like the University of Southern California (USC), Ohio State University (OSU) and the University of Michigan (UM), institutions that only scout out the best of the best, all recruited him for their squads.
A Cali kid through and through, though, Banks insists that he was ready to sign with the USC Trojans. It should have been a fairly tale story from there. Play for the best football program on the West Coast. Shine like he did in high school. Turn pro. Garner the sort of money, power and prestige that comes standard with being a big time star. Live happily ever after.
Too bad it didn’t play out like that. Instead, the 16-year-old Banks was arrested for raping his childhood friend, Wanetta Gibson, at their high school.
Gibson accused Banks -- who was apparently close to Banks since middle school -- of taking her into the elevator and sexually assaulting her. Her alleging that he took her into the elevator to assault her was a key component, because it added a "kidnapping enhancement" to the serious charges Banks was already facing.
Under extreme pressure, and on the wrong end of some terrifying accusations, per the advice of his lawyer, Banks pleaded no contest to the charges. Instead of getting 18 months, he would go on to serve more than five years in prison.
After he did his time, Banks got out and went about doing his best to live a normal life. Then, one day, he got a message that would change everything in his Facebook messages box. Gibson, his accuser, had friended him. The pair eventually met up in what must have been the most freakishly awkward face-to-face meeting ever and, at the meeting, Gibson admitted that she had made the whole thing up.
There had been no rape; Banks had wasted five-plus years of his life for nothing. Presumably in an effort to partially right that wrong, Gibson offered to help clear his name and record.
There was a catch, though.
While Banks was toiling away in jail for something that he hadn’t done, Gibson and her family had financially benefitted from the incident. In the aftermath of the rape accusations, Gibson’s mother brought a civil suit against Long Beach schools – a civil suit that ultimately netted the family $1.5 million.
Even though the money was tainted, nobody wanted to give that cash back and, so, Gibson refused to repeat what she had previously admitted.
Realizing what and who he was dealing with, Banks arranged a second meeting with Gibson to discuss everything – only this time he videotaped it. With that material in hand, Banks and his defense team took the new evidence to court.
This past Thursday, 10 years too late, Banks’ name was cleared.
At the moment, it’s unknown whether Gibson will face any repercussions from her false accusations. She was a minor at the time. But nothing that happens to her or gets taken away from her family will make up for what Banks lost.
Banks now hopes to revive his football career. He insists that he’s been working out regularly and believes that he still has what it takes to make a pro roster, but it’s going to be tough. The sports world is littered with great high school stars that never became anything more. And most of those guys didn’t lose five years of their prime rotting away in a cell.
Regardless of what ultimately ends up happening, though, this is a tremendous story. Not just because, in the end, Banks was rightfully exonerated, but also because it also speaks to the other side of rape accusations. Because it shows just how easily one man’s life can be ruined with a single false charge.
"Cases like Brian's are the reason I do the work I do," said Banks' attorney, Justin Brooks, the director of the Innocence Project and a professor at California Western School of Law. "I'm grateful to the Los Angeles [County] district attorney's office for reviewing the evidence and joining us in seeking to end this injustice."
Update: Banks now wants the state of California to pay up.
(Kudos to ABC, Huff Po, Los Angeles Times, Seattle Post)
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Comments
It's unfortunate that the
It's unfortunate that the article said nothing about her initial motivation to accuse him and what motivated her much delayed admission of deception. A diagnosis of pure psychopathy is complicated by her later change. Some investigation and reportage of these inner mechanisms and contexts would be greatly helpful in educating us all to what actually precipitates despicable acts such as this.
The problem with establishing
The problem with establishing harsh penalties for lying about being raped and sending an innocent person to prison is that we would then be providing a harsh penalty for these women to come forward and admit that they lied. In other words, they won't take any steps to free the innocent people in prison because they'd get sent to prison or fined. They've already shown that they are too self-absorbed and self-important to do the right thing and take the penalties they'll incur to free their victims, simply by their actions that knowingly sent an innocent person to prison in the first place for a rape that never occurred.
Is our demand of punishment of women that lie about rape worth keeping innocent people in prison by ensuring that these deplorable women don't come forward and admit their actions?
Very frequently these cases come down to a he-said/she-said contest and there is no objective evidence that can be discovered or reviewed later that could prove a man innocent of rape like this - yet we certainly don't want guilty rapists to go free, either.
We need to figure out a way to give incentive to these women to come forward, and to do it earlier, and punish them for not coming forward or for dragging their coming forward out for years while their victims languish in prison - WITHOUT discouraging real rape victims from coming forward and naming their attackers and getting the justice they deserve.
Whenever there is a consequence-free way to screw up someone else's life, there will always be at least one person who will elect to do it.
Cityboy, I have never seen
Cityboy, I have never seen how or anything showing that going after women who lie about it would cause real rape victims to not come forward. Instead of the ways to encourage false accusers to come forward after destroying an innocent life, we should be looking at how they can get away with it so easy and telling all those who keep demanding we lower the standards of evidence or stopping the legal protections for the accused to "protect" accusers to go screw off.
Anyone who has been subject to false accusations can tell you, being innocent means nothing. You will be hounded by the police and ever other agency as well as having your name and address made public. You then can experience all the death threats, harassment, loss of jobs and rest and you have no real repercussions against a malicious accuser. Even if she has a well known history of false claims, you are not allowed to bring those up or anything. Then the legal standards to show they lied are even HIGHER than to convict you on a false claim. You have to prove she not only lied but she did it knowingly with malicious intent to harm you. Her doing it intending to cover her reputation but claiming she didn't think it would harm you means she walks.
This is why the few studies done on it are old. They found between 25% and 50% ADMITTED they lied intentionally and it doesn't include those who refused to admit it. People saw that and the feminists freaked so you can't get the money for those kinds of studies. The idea of even thinking of doubting a woman making that claim is considered about as much of a hate crime as joining the KKK. Just look at the Duke case as an example. Those boys went through hell and they will be paying for her claims their whole lives. She did it to get off easy for a probation violation and walked with no charges. She also got off easy in later charges of domestic violence and attempted arson with child endangerment because she was a "victim" of the prosecutor who pushed even after he knew she lied. This though she create the lie in the fist place. Now she is in jail on MURDER for killing her boyfriend by stabbing him.
If she had been charged, her ass would have been in jail and he would be alive. Same with the case of the Marine. They ignored charging her for false accusations the first time, her roommate didn't report her when she announced her intent to go UA or when she stated she planned to demand money from him to keep from making another accusation. She would be alive if she had been charged for that when it was well known she was a pathological liar who claimed things like her parents were dead and etc. Instead she was allowed to just keep walking. In the end, I honestly believe she lied about the rapes now and was killed because the Marine had been through enough hell and snapped when she made her blackmail attempt.
We need to stop letting a rape accusation be an easy way to get revenge or excused from other illegal activities and start to do more than just giving even the most obvious cases 30 days in jail at most. We need to come down HARD on them and start tossing these liars in jail for decades to protect innocent people from being thrown in prison and raped for REAL like happens all too often now and people think is funny to happen to people in jail!
And P.S. - I hope Long Beach
And P.S. - I hope Long Beach school system will use some of that money these THIEVING PEOPLE stole from them by installing cameras in the elevators. If there had been a camera in that elevator, perhaps this entire scenario would never have happened.
The Gibson Family owes a lot
The Gibson Family owes a lot of apologies and financial restitution to Banks. This is why pre-trial publicity complicates cases like this and why we need to enforce gag rules much like they have in the UK. Banks was tried and convicted in the Court of Public Opinion before being convicted in a Court of Law. This has to be stopped. More restrictions on the media makes good sense.
I agree. Of course we want to
I agree. Of course we want to send rapists to prison, and I do mean rapists, not scapegoats. Even without a conviction, a rape accusation can destroy a man's reputation. Innocent until proven guilty only applies in the courtroom. Out in society an allegation is as good as a conviction for many people.
That Gibson girl is
That Gibson girl is disgusting. Doesn't want to have to give back the money? She took his life away.
People are saying lock her up. My view is that there aren't many crimes as heinous as rape. Maybe she should be gangraped until she doesn't know what planet she's on and then sent to prison for the rest of her life. And she and mama can pay back the money 100 times over and give it to Brian Banks.
What a wonderful young man
What a wonderful young man and a better man than I. For I would have killed her if she'd said that to me after getting out of prison. You California tax payers need to get your money back from this family. And any of you professional football organizations reading this needs to give this guy a shot.
Good luck on getting the
Good luck on getting the money back. But California at least owes this man a full ride at whatever school he wants to attend and, as you say Mr. Flood, at least a shot at recouping some of his professional potential as well. That he was smart enough and disciplined enough to do this as he did would suggest that he has potential for success in something a little less physically damaging, possibly more lucrative, and way more useful than sportsatainment for obese couch potatoes. Good luck, Mr. Banks.
What a tragic event. This boy
What a tragic event. This boy lost what little was left of his childhood and entered a really terrifying adulthood, to put it mildly. I am trying hard to remember that this was a 15 year old girl that started this. For her family, if you start paying the state back now, your payment will be a smaller if you don't cost us any more money. The state needs the money to pay Mr. Banks college tuition and other things that this tragedy took. No, it doesn't make anything okay, but you can only do what you can do.
Vindictiveness, revenge for
Vindictiveness, revenge for imagined slights, mental disorder, or any of a zillion reasons can lead to this kind of tragedy. Thank God and this man's creativity for recovering his dignity. I hope he gets his shot. He's already beat the odds and maybe he can do it again. Good luck Brian.
This is a horrible story and
This is a horrible story and that woman is a terrible terrible person. I hope they find a way to put her in jail for the awful thing she did to her former friend.
That said, Let's not use this as an excuse to question all rape accusations. Most women would only accuse someone of rape if they were actually raped. Out of the thousands of rapes that happen in this country each year you might find 2-3 cases like this a year. The justice system has to be very careful to make sure the guilty are punished in either case.
This is exactly why the death penalty is such a bad punishment. If he'd been executed for this the truth never would have come out and an innocent man would have been killed.
There are very few studies
There are very few studies done on it but they found that the rate is between 25% and 50% of reports of rape are false. In a way it also makes a lot of sense. Women who are victims of rape tend to feel ashamed and not report it while a lot of women who would use it for revenge, cover an affair or protect their reputation would not have that issue and would have no problems reporting it.
Add in that males being raped are laughed at and made fun of in ways women wouldn't never be tolerated in being treated and society pretty much just says blame a guy and hammer him. Think about it, when you look at the numbers, MORE males are raped than women but you will never hear that. It is always not "really" a rape if it is in prison and then it is funny or if she has a beer and he is drunk, well he really was the one to date rape her since she was "drunk" even if she was the one who initiated it all. These things all inflate rape statistics for women while male victims of rape and male victims of false accusations tend to be ignored or just told to "man up" and accept it.
Oh, I think there's probably
Oh, I think there's probably far more than just 2 or 3 women each year who accuse someone of rape and are lying about it. I think it happens quite frequently, unfortunately. But because it does happen so often, I think some prosecutors are loathe to bring many legitimate cases to trial; as a result many rapists go free.
As for this girl and her family? I can't begin to voice my disgust and anger. It's people like this that TAKE AWAY from the REAL cases of rape; who have people screaming about litigating "frivolous" lawsuits. I have one question I really want to know - did this girl's family KNOW she was lying? Did they encourage her to keep lying? Did they instigate the lie in the first place?
Those are the questions I would like answered. I think the girl should go to jail for the same amount of time as the guy whose life she ruined. She and her family should not only have to pay the money back to the school district - with interest (think of what the school district could have done with that money!), but they should also have to pay this young man at least 5 years worth of professional football salary PLUS interest. I hope it bankrupts them.
This is just plain bad karma. See, when you set out to purposely hurt someone you create such bad karma for yourself that eventually it WILL come back to haunt you. Life lesson, folks.
No death penalty for cases
No death penalty for cases that have only eye witness testimony. Must have DNA and video or other supporting evidence. Otherwise they need to move on(die).
That poor kid. We have
That poor kid. We have several high school football players here that have had a similar trumped up story ruining their lives. They've all been Duke La Crossed.
With a story like that, you'd hope he'd get a shot as a walk on for one of the pro teams.
That young woman must bear a terrible load of guilt. Makes me shudder to imagine.