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Brian Banks, falsely accused of rape by Wanetta Gibson

Brian Banks celebrates with his mama.
Photo from LaTimes
UPDATE


A comment posted below led me to Brian's website http://brianbanks.org/the-incident/ . There, I read the story from his perspective.  According to him, he and Wanetta Gibson never had sexual intercourse.  They merely fooled around.  At the time he was sixteen years old, which makes his incarceration even more atrocious. 
You can continue reading the original post I made below.

______________________________________________________
He was only 17 years old in 2002, and a hot commodity on the football field. One day he links up with a classmate, and they have sex. When the girl's mother finds out, Brian Banks is arrested and charged with rape and kidnapping.

He faced 41 years in prison. His attorney advised him to plead no contest to serve less than a quarter of that time. Brian Banks relents. Meanwhile the girl, Wanetta Gibson, continues to keep up the charade.  Her mother eventually sues the Long Beach County school system, winning an award of 1.5 million dollars.

Low and behold, Brian is out of prison, but being monitored and registered as sex offender.  In steps the California Western School of Law Innocence Project. They find evidence to get the conviction overturned.

Not only that, but Wanetta contacts Brian on Facebook, apologizing and admitting her lie.  Now to put the icing on the cake...she does not want to come all the way forward, because she does not want to lose all the money the school district had to pay.

What kind of mess is this? I don't know what the age difference was between Brian and Wanetta... in some states, whether she consented or not, he would still be guilty of statutory rape.  In this situation in California, that may not be the case.

However, no rape or kidnapping occurred. I just don't understand how an attorney can tell someone to plead to an offense they did not commit.  Of course I am an attorney, but I do not practice criminal law, so I cannot really give a professional opinion on that.  It just disturbs me. Further, with all he men and women who deal with actual sexual abuse, how could someone make up a story like this and live with herself? Huh, Wanetta? How could you do that?

What do you think should happen now? Brian is out of prison and his conviction is overturned. Should Wanetta pay the money back? Should she face prosecution? 


Sources: LATimes.com and Myfox8.com

Comments

Anonymous said…
Welcome to the real world... There was a movie made about a rape case with circumstances. I would like to believe that the USA has come quite a distance from its struggle to enact racial equality, but being an African American male I am cautiously optimistic...at best.
CM said…
Some people have no conscience.
Anonymous said…
He should rape her... only seems right.
Anonymous said…
She deserves the death penalty.
CM said…
That makes absolutely no sense, and is disgusting.
CM said…
A bit of an overkill (no pun intended) don't you think?
Law Enforcement opinion said…
She should ABSOLUTELY be prosecuted AND her mother and her should have to pay...not only what the awarded amount from the City/School was but also pain & suffering for what they did to this young man. It will be ironic if she is sentenced time behind bars to sit & think about what her LIES have done!
Anonymous said…
Put her in Jail for 6 years and make he and her money grubbing mother pay back the 1.5 mill. If they don't have the money she stays in Jail until her mother comes up with the cash.
mattfield83 said…
Yeah, and she destroyed what would've been a promising football career for him? Also, he had to register as a sex offender. Seeing as how she relented her claim why does he still have to register as a sex offender? Am I missing something. This whole thing is sickening. She should be sentenced to as much time as he had to serve in jail and pay back all money to the state as well as required to pay damages to Brian (the accused). It's only fair.
JesseG said…
While she needs to repay the whole amount that she earned from the settlement, and sentenced to the same amount of years that he spent imprisoned. There are a couple of heads that need to roll too. Mainly those that instigated the girl into making the false accusations, and the DAs that did an awful job in using a false accusation to take the freedom of a man. If lies are viable in the courtroom, how is society going to trust the justice system in this country?
Anonymous said…
This broke my heart. Its a sad thing to say that maybe we havent come as far as we thought when it comes to racial equality. I hate to say that he was convicted because of race but- THEY HAD NO EVIDENCE! A young inncocent man lost his childhood and his young adulthood and may never regain his promising footbal career he once had. Wanetta should be ashamed of herself and she needs to be made an example of. I am so sorry Brian Banks fro what our legal system has done to you-please dont think all white people act this way- because we dont and we are disgusted by racist trash that still runs our judicial system. Something tells me you are not going to stop until you get that NFL title! I will be cheering for you and praying for your family. You will continue to be exonerated and freed from this lie. God doesnt like ugly and she will have to face God on judgement day.
mattfield83 said…
I'm pretty sure he doesn't think all white people act that way. I think the girl who accused him was also black, so he was accused by someone of his own race. I think racism in general to all people, white, black or otherwise, needs to stop. I don't think this is an issue of race, it's probably more likely an issue of a woman's word vs a man when it comes to the issue of rape. It doesn't help that they had supposedly had consentual sex, so if she didn't clean up she technically has "evidence" against him.
Anonymous said…
She should be ashamed of herself. Keep in mind she was 15 at the time a child but she knew right from wrong, she's able to open her legs for him but can't open her mouth and be honest while this young man is in jail and fighting for his freedom life hopes and dreams. If her ma was a real woman and mother she would come forward and make sure the money is paid back were laying of teacher and cutting programs... He should sue her and her mother for pain and suffering the state of California as well for wrongful imprisonment that silly attorney needs to give the parents there money back
Anonymous said…
I agree, that makes perfect sense. He did the time, might as well do the crime!
LMAO AT ANON1:21 Comment said…
OMG! That is the most hilarious thing I've heard sum1 say in regards to this SAD-SAD situation, but on a serious note they need to LOCK HER AND HER MOTHER UP, MAKE THEM PAY BACK THE MONEY ALONG WITH FINES PLUS INTEREST AND DO COMMUNITY SERVICE with REAL RAPE VICTIMS and EVERY1 INVOLVED give that man A PUBLIC APOLOGY. <---In a perfect world, huh?
Anonymous said…
I think she recanted her story a year or two AFTER he was released from prison, so that's why the sex offender registery had to happen. ITS THE LAW!
Anonymous said…
JUSTICE OR JUST US?! The DA was out to make a career for themselves and DA's AND Public Defenders...I think they're on the same teams PLUS he's "black"...yea-po' baby didn't stand a chance.
CM said…
I'm sorry, there is nothing funny about rape, the accusation or the actual act. There are people walking around now, whose lives have been devastated either by being accused or abused. I cannot find the humor.
CM said…
I did not realize she was fifteen. I can only imagine the adults in her life pushed this matter. She has to have consequences for what she did...that is the only way accountability will form in a person.

I also feel that money should be paid back and additional sums be given to Mr. Banks.
Baby said…
I think Wanetta, the school, DA, his public defender (I'm assuming his paid attorney didn't convince him to plea for a crime he didn't commit) and the judicial system committed a crime against Brian Banks. All of them should pay and the 1.5 million should be paid to Brian and his family to allow him to go back to school and pursue his football career. Wanetta is working on a master's degree being an unwed mother of two. Well, too bad she hadn't finished in all this time she was free (unlike Brian) to go to school full-time instead she had babies. So she should go to work and pay back the money or go to jail plus all the tax money to care for Brian in his 6 yrs. in jail. I think next time she scream rape she might realize no matter what age that a false accusation of rape hurts all the women and men who are truly raped. Plus it allows the real rapists not to be convicted but get off free. You did Brian Bank's wrong and took over 9 yrs of his life and your only concern is paying back 1.5 million dollars. Well, honey you are going to pay back more than money just wait you have a son and a daughter I just pray for them.
CM said…
Greatly appreciate your comment
Good thing she did not get pregnant as he would than still be in trouble for not paying child support while in jail, as was the case with this man who was released after 17 years, but now owes $110,000 in arrears, so he may go back as a deadbeat dad.
http://www.columbian.com/news/2011/apr/03/innocence-project-northrop-freed-rape-prison/
http://www.kwtx.com/home/headlines/Students_Raise_Money_For_Speaking_Fee_That_Texas_School_Wouldnt_Pay_121157494.html
CM said…
Well George, I am a family law attorney here in NC. So I can understand why he would be charged to pay child support, but since he was erroneously incarcerated, I feel his arrears should not be held against him. It is not like he could have been gainfully employed. Depending on the state he lives in, that can be taken care of with the proper representation, or plea to the court.
Anonymous said…
You all need to look at his web site brianbanks.com and get the whole story. They did not have sex, no dna of his was found on her or in her. He tells the story in his own words. He also tells how the public defender gave him 10 mins to decide on his plea deal......18 months in jail or face 41 years if he went to trial. Take a second and check it out and get the whole story.
CM said…
I will check out his site. Thank you.
QuizeyB said…
This bitch needs to be stoned. Like foreal. And if its illegal here they need to fly her ass to a country where stoning is legal and stone the shit out of her.
Anonymous said…
Hopefully her finances have been frozen. Every cent she has and any real estate she has should be awarded to him immediately. Plus she should pay another 1.5 mil in restitution. Then she should have to serve twice the time he did and twice the time on parole. She should spend the rest of her life with a felony record, no ability to vote, or hold ANY professional job that requires licensing or background check and the little money she does make should be garnished. She deserves a long, brutally harsh life with no options to get ahead like the one her lies sentenced him to.
Hlfzeohyr said…
This is why you cannot believe everyone...proof is needed

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