Brian Banks, Victim Of A False Rape Accusation

This story is interesting.  Brian Banks was a star high school football player.  While in high school, he was the victim of a false rape accusation by Wanetta Gibson, after making out with her but not having sex.

His lawyer was an overworked public defender.  She said “You’re an athletic young black man.  No jury will believe you.  Take the plea.  It’s better to go for a jail for a few years.  If you go to trial and lose, you could get 40 years in jail.”  Allegedly, he was pressured into taking the plea deal quickly, without consulting with his parents first.

Brian Banks made a “no contest” plea.  He served nearly 10 years in jail.

The girl filed a lawsuit against the school district for “not providing a safe environment”, and won $1.5M.  The girl had 1.5 million reasons to make a false rape accusation, and to not recant her lie.

After Brian Banks got out of jail, his accuser “friended” him on Facebook!  He proceeded cautiously.  He contacted a real lawyer, agreed to meet with the girl, wore a wiretap, and got her to recant her false accusation.  Based on that evidence, the conviction was overturned.

The judge who overturned Brian Banks’ verdict made an error.  He should have subpoenaed the accuser, and forced her to lie under oath or recant under oath.

It is interesting, that the girl “friended” him.  It’s pretty obvious what actually happened.  She was really attracted to him.  He turned her down.  To get even, she made the false rape accusation.  Once she got the civil lawsuit and the police were prosecuting Brian Banks, it was too late to recant.  10 years later, she was still attracted to him.

The girl probably will not have to give back the $1.5M she made from her false rape accusation.  Also, she probably won’t be prosecuted for perjury.

There are many disturbing things about this story:

  1. Brian Banks was coerced into accepting a plea bargain, even though he was innocent.  The plea was for 10 years in jail, but if he went to trial and lost, it could have been 40 years in jail.  “You get a much harsher sentence if you go to trial and lose.” gives innocent defendants an incentive to plea.  Brian Banks had a tough choice.  He lost a huge chunk of his life via the plea bargain, or he would have lost almost his whole life if he went to trial and lost.
  2. His overworked public defender did a lousy job.  The prosecutors’ budget is much higher than the public defender budget.
  3. A better lawyer would have gotten a better plea deal than 10 years.  A better lawyer might have said “WTF?  This is wrong!” and advised his client to go to trial.  An overworked public defender can’t advise the client to go to trial.
  4. However, some people claim the public defender did a great job.  After only 10 years in jail, he was able to meet with his accuser and get her to recant.  He couldn’t have done that after 40 years in jail.  Blame the corrupt system, and not the public defender.
  5. It is way too each for a woman to make a false rape accusation.
  6. Brian Banks didn’t have sex with her.  Most false rape accusations are “The women consented, but later changed her mind and called it rape.”  A woman can make a false rape accusation, even if the man never had sex with her!
  7. A prosecutor was willing to send a young black man to jail for 10 years, with zero physical evidence and no evidence besides the lies of a false accusation.
  8. The judge rubberstamped the plea deal, even though there was zero evidence.
  9. The girl profited from her false accusation, winning a $1.5M verdict against the government, i.e. the other taxpayers.
  10. The girl probably won’t have to give back the $1.5M.  She won’t be prosecuted for perjury.

Brian Banks was a heavily recruited star high school football player.  Now, he is hoping that an NFL team will give him a tryout.

However, Brian Banks still should have 4 years of college eligibility left.  He should give college football a try for at least a year, before going to the NFL.

This story is very disturbing.  The State legal system is biased against men.  Divorce law is biased against men.  It is too easy for women to make a false rape accusation.  If you reject a women, she can get even by making a false rape accusation.

16 Responses to Brian Banks, Victim Of A False Rape Accusation

  1. cogitansiuvenis May 31, 2012 at 2:26 pm

    It is terrible. However, I can’t imagine that the young man couldt sue her for libel and damages. Moreover Brian, being a minority, could also sue the city and probably win. He had the option to get some sort of justice, however, it will likely be at our expense.

  2. This is absolutely horrible.

    And scary.

    It does beg the question what you can do to protect yourself. Spend a long time getting to know someone and keep away from anyone that appears flaky.

    In reality, this is easier said than done.

    • The blame lies not just with the girl. It also lies with the State. The law encourages women to make false rape accusations.

      A similar problem is divorce law. Your wife can cheat on you, get pregnant with another man, divorce you, and then she gets half your property and you owe her child support and alimony. Even if you choose a wife carefully, the State makes it very tempting for her to cheat.

      That’s the problem with a modern marriage contract. Your wife can break the contract, but you have to pay her anyway.

      • Cogitansiuvenis May 31, 2012 at 7:59 pm

        Quebec had something that worked well, never thought I’d be saying that. They had this system were individuals could file together on their tax return but not be legally married. It was like marraige, but without all the pitfuls. However, a jilted ex lover recently won a court case to be paid alimony of a sort. It’s being appealed but if it isn’t over ruled then thousands if not millions of Quebec Canadians will be forcefully married against their will.

        • I heard about that.

          That’s one problem with the State. Suppose I convince a woman to agree to a non-standard marriage contract. “If I cheat on you, or if I frivolously divorce you, then I get zero alimony and no child support payments.” If the woman later decides to divorce me, the State judge will throw out that contract, and award her money anyway.

  3. Brian must have had God right next to him. Crucified and born again by believing. Brian is a gifted man and he will have great opportunities and success.

    • Are you fucking kidding? You are exactly what’s wrong with religion. In such a horrible story, you saying the victim “must have God next to him” is completely fucked up. This should have never happened.

  4. Fix your title bro. You got “Brain” instead of “Brian” – once or twice in the article too. You’ll get more hits on your site if you fix it probably.

  5. This is pathetic someone needs to step up and demand that this girl re-pays this money. How is it that she has not been arrested yet this was fraud, making false accusation, and lying on the stand alone is bad enough but for her to gain financially due to her lies and to take 10 years away from an innocent man….unbelievable. This man is a better man than I to forgive this **** (I’m not going to turn this into a bashing session) and she hasnt even appoligized and to have the nerve to try and comment how hard things were for her WOW im baffled. But what about the people of this state as well as the school board? I would feel cheated and outraged and would demand something be done about her. This is injustice and I truly feel that something needs to be done with her she ahould be severely punished for her actions and to sit back and to do nothing is in my opinion the most dangerous thing you can do what kind of message is this sending to every young lady out there? If you need some cash make up a story who cares who’s life you rune. To me 1.5 million is a lot of money with the state of our economy right now how can the government justify not going after their money?? And I’m not speaking out of my ass, I am 33 years old and when I was 17 i hooked up with a girl nothing actually happened but when her boyfriend found out all of a sudden I forced her to mess around with her and I have 10 guys outside my door looking to beat me. My lightning strike me now if I’m lying but I tell you nothing did happen that night but as an 18 year old guy I am not gonna lie I was quite scared that this was going to ruin my life. Luckily the truth did come out but in a he said, she said I didn’t like my odds if it didn’t get settled. My friends nephew is in the same situation right now only she’s not backing off and hes been told his chances are not good. This needs to stop and I cannot think of a better case for the government to make an example of in an effort to stop this type of injustice from happening to another innocent man who ends up loosing half his life so some whore can get a payday.

  6. This girl should be arrested for life for lying under the oath and making false accusations. I am guessing this girl is insane and i feel so very bad for Brian Banks like everyone else.

  7. Unfortunately the girl who made the false accusation never actually lied under oath since he accepted a plea deal. It would have been better for him if he did go to trial because of this came out after a conviction then she could have been tried for perjury, but in this case she could not have been because she never testified under oath. Now I do wonder about the police report, and if she could be charged with filing a false police report, the only thing I might be able to say about that is that she might be able to get off because of statute of limitation. The other thing I wonder is if he could sue for defamation and severe emotional distress, if he can then he might be able to argue that he missed out of millions of dollars because of this.

    • Actually, lying to police investigators is a crime. That’s what sent Martha Stewart to jail.

      That’s why you *NEVER* talk to the police. If you talk for an hour and say one false thing, then you’re going to jail for “lying to a policeman”.

      However, false rape accusers must be coddled and encouraged, so the woman will probably get away with it.

    • Yeah, but who is he going to sue? You can be sure that Wanetta doesn’t have that dojo anymore.

      One can not sue the government for character defamation or emotional distress. He can’t sue the government for false imprisonment since he pleaded “No contest”.

      The best he can hope for is to sue his “overworked public defender” for gross professional misconduct. He might not get any money but he just might get her dis-barred.

  8. lol, no surprise there that men are turning more and more “beta”. They see shit like this, cringe and do nothing. They know their odds of winning against the system/machine are slim at best, so why waste your energy on this crap? Men Going Their Own Way? Why not? Why do anything else? Maybe get an easy job, some cheap place to live, play games or get a hobby, but why kill yourself working so long when it all can be just taken away from you?

    So next time someone sings “Where have all the good men gone?” point them to Brian Banks.

    That kid got a raw deal.

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