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Brian Banks False Rape Accusation
Topic Started: Jun 19 2012, 05:35 PM (11,479 Views)
Premier Bromanov
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Brian Banks, a high school football player with a promising future is accused of rape by a childhood friend, Wanetta Gibson. He pleads no contest to the accusation, in an attempt to get his sentence reduced, and he is tried as an adult (I don't know how, or why). The woman receives $1.5 million from their high school, because she said the rape took place on campus, and thus the campus was not safe. Later, she recants, and says that the rape never took place. He's freed, but he has trouble getting work, because he's still registered as a felon and a sex offender. Now, he's trying out for football teams, and he's seeking money from the state of Michigan.

I'm confused about a bunch of things.
1) What evidence did she present?
2) If there was no evidence, how was there a conviction?
3) Why was he tried as an adult?
4) Was his lawyer incompetent?
5) Why is the school not doing anything about the money it gave to Ms. Gibson?
6) Why isn't Ms. Gibson being charged with making a false rape accusation?
7) What's wrong with her?

A link. He also has a Kickstarter Project to document what happened.
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The_Numerator
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OctoPussywillow
I'm more confused by the point about their unwillingness to pursue charges against her for having made false accusations, on the grounds that "it would be a tough case to prove".

Unless I'm missing something, isn't the proof the fact that she stated that her earlier accusation was not true?
 
magelet
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Lady of Caps Lock
Was he convicted of rape or did she just get money from the school by...suing them or something?
 
The_Numerator
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OctoPussywillow
It seems like he was accused, couldn't figure out how to prove he didn't do it, and thinking he'd lose in his-word-against-hers, he pled guilty to a lesser charge rather than risk it.
 
Premier Bromanov
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The_Numerator
Jun 19 2012, 07:16 PM
It seems like he was accused, couldn't figure out how to prove he didn't do it, and thinking he'd lose in his-word-against-hers, he pled guilty to a lesser charge rather than risk it.
Yes, seems that's what happened. But what evidence was presented for her case? Just her word? If so, why didn't he fight that? And why was her word adequate enough for a conviction?
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Alice829
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Virtuoso
I don't know, this sounds fishy. Would you confess to something you didn't do? In the US, the burden of proof is on the prosecution, they have to prove he did do it, he doesn't have to prove that he didn't, i.e. prove a negative. The prosecution has to have evidence; this is the whole idea behind "habeus corpus" that Bush chucked out when locking people up who were suspected of terrorism. The point is they have to have some evidence to pursue a case, and usually, the opposite is true, that it's very difficult to prosecute a rape case based solely on a victim's testimony. So something seems askew here. I know the justice system is a long way from perfect, but I can't believe even someone fresh out of law school wouldn't have gotten this tossed if the prosecution had no evidence but the victim's testimony. And even more incredible that the school would pony up major $$$ based on her say-so and nothing else. He must have had the worst legal advice in the world to accept a plea bargain, or we aren't hearing the whole story.
 
The_Numerator
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OctoPussywillow
"Rape accusation"
Heart sinks. Mind lost in a fog.
Surrender, only hope.
 
Kabraxal
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Lone Wolf
In today's world it's a bit funky considering that more people are now skeptical of a woman claiming rape after the whole Duke larosse fiasco. Course, he's young and maybe he was confused by the friend betraying him and didn't know what to do.
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mopotter
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My state of amazement was the point where she friended him on facebook.

He was in high school, 16. There was no DNA evidence, but the person supposed to help him said: “She told me I was a big black teenager,” he said, “and no jury would believe anything I said.” I can see it happening. The girl was 15, he was a football player. Who knows why, I don't think she has given her reason.

Why his parents went along don't know. I'd be fighting everyone if my kid were being charged for something without evidence that he/she said they hadn't done.
Buffy: "Does it ever get easy?"
Giles: "You mean life?"
Buffy: "Yeah. Does it get easy?"
Giles: "What do you want me to say?"
Buffy: "Lie to me."
Giles: "Yes, it's terribly simple. The good guys are always stalwart and true, the bad guys are easily distinguished by their pointy horns or black hats, and, uh, we always defeat them and save the day. No one ever dies, and everybody lives happily ever after."
Buffy: "Liar."


SD= (wonderful) step daughter
 
mopotter
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She also told him if he didn't admit to it and was found guilty he'd be in till he was 57.

By admitting to it he spent 5 years in prison. At 16 I would think getting out at 21 would sound better than 57 and at 16 I don't think he realized the total cost of admitting to something he hadn't done.
Buffy: "Does it ever get easy?"
Giles: "You mean life?"
Buffy: "Yeah. Does it get easy?"
Giles: "What do you want me to say?"
Buffy: "Lie to me."
Giles: "Yes, it's terribly simple. The good guys are always stalwart and true, the bad guys are easily distinguished by their pointy horns or black hats, and, uh, we always defeat them and save the day. No one ever dies, and everybody lives happily ever after."
Buffy: "Liar."


SD= (wonderful) step daughter
 
Raphael diSanto
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The_Numerator
Jun 19 2012, 07:33 PM
"Rape accusation"
Heart sinks. Mind lost in a fog.
Surrender, only hope.
:tick:

Juries don't like accused rapists. Especially non-white ones. Not that I specifically want to play the color card, but it's always going to be a factor.

He's a big black football player. She's a little white girl victim. It's gonna look bad for him, evidence or no evidence.

And mo, perhaps he wrongly 'confessed' to his parents, too, so for the last 5 years they also thought he did it.
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Sia
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The General
Well... he also might have been a bit on the ignorant side of what a sexual act was. Remember those rumors going around about how kissing could get you pregnant?
Piss off your local school district. Read a banned and uncensored book.
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Leah
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Sia
Jun 19 2012, 08:07 PM
Well... he also might have been a bit on the ignorant side of what a sexual act was. Remember those rumors going around about how kissing could get you pregnant?
that and there was that movie, Higher Learning? when characters start having consensual sex and then she realizes, he's not wearing a condom and from that point on for her it becomes a rape?

may be they had an argument and she changed her mind or whatever not and even he got confused enough to think he did something wrong and misunderstood her consent?

what kills me about that case though is the reason why she had doubts about coming out with the truth.

the fact that she put an Innocent man into jail was not bothering her, oh no. its the fact that she was afraid that they would make her give back the money.
Edited by Leah, Jun 19 2012, 08:14 PM.
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Sia
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One thing's for sure, poor guy's going to need a lifetime of headshrinking.


Mostly, it sounds like some people made political hay out of this poor kid's future.
Edited by Sia, Jun 19 2012, 08:16 PM.
Piss off your local school district. Read a banned and uncensored book.
Writing sucks, but someone has to do it. The Shepard Project: Persephone Rising, FF.Net page.
Adepts are Heavy Weapons. Vanguards are Weapons of Mass Destruction.
"Of course it's happening inside your head, Harry. Why should that mean it's not real?"
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That woman needs to be charged with something.

I don't believe the accuser was a 'little white girl'. I think she is also black. I could be wrong though.
 
mopotter
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Raphael diSanto
Jun 19 2012, 08:03 PM
The_Numerator
Jun 19 2012, 07:33 PM
"Rape accusation"
Heart sinks. Mind lost in a fog.
Surrender, only hope.
:tick:

Juries don't like accused rapists. Especially non-white ones. Not that I specifically want to play the color card, but it's always going to be a factor.

He's a big black football player. She's a little white girl victim. It's gonna look bad for him, evidence or no evidence.

And mo, perhaps he wrongly 'confessed' to his parents, too, so for the last 5 years they also thought he did it.
Agree, except she was also black, at least I'm assuming the picture is her.

It's really sad. He's also a better person than I would be. I'd be at least taking her and her mom, if she's still alive, to court.
Buffy: "Does it ever get easy?"
Giles: "You mean life?"
Buffy: "Yeah. Does it get easy?"
Giles: "What do you want me to say?"
Buffy: "Lie to me."
Giles: "Yes, it's terribly simple. The good guys are always stalwart and true, the bad guys are easily distinguished by their pointy horns or black hats, and, uh, we always defeat them and save the day. No one ever dies, and everybody lives happily ever after."
Buffy: "Liar."


SD= (wonderful) step daughter
 
Premier Bromanov
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Shiny
Jun 19 2012, 08:19 PM
That woman needs to be charged with something.

I don't believe the accuser was a 'little white girl'. I think she is also black. I could be wrong though.
Yes, she's black, too.
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Raphael diSanto
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Oh, she's black too? My bad. Either way .. I don't think he would have been convicted if it had gone to trial - But I can see why -he- was scared that he might have been.

And yeah, she needs to be charged with something. For sure.
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Posted ImageRyzaki
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Yaoi Fangirl
Honestly people need to be charged for false allegations. At least so there's some consequences to doing that.

Ruining someone's life and getting off with it scott free doesn't sit well with me.
Edited by Ryzaki, Jun 19 2012, 08:34 PM.
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Sia
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The General
Not only does it ruin an innocent person's life, but it makes the next rape conviction that much harder to get, no matter how guilty that person is.
Piss off your local school district. Read a banned and uncensored book.
Writing sucks, but someone has to do it. The Shepard Project: Persephone Rising, FF.Net page.
Adepts are Heavy Weapons. Vanguards are Weapons of Mass Destruction.
"Of course it's happening inside your head, Harry. Why should that mean it's not real?"
I aim to misbehave. --Mal Reynolds

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