Brian Banks

[BigHairedAristocrat]

im sure she only agreed to recant if the prosecutor promised not to seek charges.

[JoeRedskin]

DNA wasn't necessary - he admitted he had sex with her. He just asserted it was consensual.

[SBXVII]

Originally Posted by JoeRedskin

DNA wasn't necessary - he admitted he had sex with her. He just asserted it was consensual.

100% correct. Had he decided to go to trial then the Prosecuter would have had the burden to prove there was some form of sexual encounter. But partially his lawyers fault, presented his client with the fact his case didn't look good and if he takes it to a trial and loses he would be looking at 40 yrs in jail. Instead the young man took the plea agreement (basically saying he did it or that there was enough proof to possibly find him guilty) and got the 5 yrs jail, 5yrs home monitering.

The weird fact is apparently all they did was go behind the school and kiss, but she stated they had sex. He was admitting they had sex (consensually) even though they did not. One would think that if he was getting arrested the same day it happened then the detectives would have taken her to the hospital to determin if she had had sex earlier that day. Unless all the evidence was inconclusive. Which would be weird. Nothing adding up but believing her story?

In any case he basically admitted it happened and took the lesser punishment. Hopefully his civil suit works for him cause I'm wondering if the fact he took the plea would wash the gov from any wrong doing. If he denied and went to trial and was found guilty then I could see him winning this case.

He has a better chance of going after the girl with a civil suit then he does the gov. I'm shocked the public is not putting pressure on the prosecuters office and the school board to go after this girl and or her family for the false police report and to have them pay the county back in some way or fashion. I'd be pissed if my local gov made this mistake and was not going to right the wrong.

[skinsfan69]

Originally Posted by JoeRedskin

DNA wasn't necessary - he admitted he had sex with her. He just asserted it was consensual.

Can't send someone to jail on he said she said. Can't do it.

[JoeRedskin]

The prosecutors were faced with a he said/she said rape case. Sure, in this instance they were wrong. In many other instances, if such cases aren't pursued, more than one or two rapists walk free. You want things black and white with no grey? You're living in the wrong universe.

No matter how hard we wish it didn't - sometimes bad things happen to good people and evil goes unpunished. Right now, society owes this young man a debt it can't repay. Hopefully, steps will be taken to right as much of the wrong as possible.

[firstdown]

The problem I have with the system is now that we know she lied she is not getting prosecuted for any crime. WTF is that all about. That little bitch should rot in jail for the 40 yrs he pleaded down to 5. I hope for him he makes an NFL team and can live out his child hood dream and that little bitch rots in hell.

[Hog1]

Originally Posted by firstdown

The problem I have with the system is now that we know she lied she is not getting prosecuted for any crime. WTF is that all about. That little bitch should rot in jail for the 40 yrs he pleaded down to 5. I hope for him he makes an NFL team and can live out his child hood dream and that little bitch rots in hell.

Yes! That is the problem. The decision to let her slide is just.....incompetent, irrelevant and immaterial.....

According to Banks and his private investigator, Gibson refused to tell prosecutors that she had lied, so that she wouldn't have to return the $1.5-million settlement her family won in court after suing the Long Beach Unified School District.

[VegasSkinsFan]

Originally Posted by SBXVII

Another outstanding product of society. How about instead of having her live off the state and being free we lock her up for 5 yrs and let her live off the state another way. Either way she would be living off the state we might as well put her in jail to do her fair share of jail time as punishment.

If she has kids we can do them a favor either give them to their fathers or put them in foster care where they won't grow up to do the same stupid crap learning from her.

I laughed my ass of that you put fathers with the s!!!!!

[REDSKINS4ever]

Prosecutors are oftentimes so hungry for a conviction, that they'll send the wrong man to jail for a crime that he didn't even commit. It's twenty years later after Mike Tyson's rape conviction, and I still doubt very seriously if Tyson raped Desire Washington. Women have a way of playing the victim and getting everyone to sympathize with them even if they are telling a damn lie.

[JoeRedskin]

Originally Posted by skinsfan69

Can't send someone to jail on he said she said. Can't do it.

Yes, no, maybe. He agreed that they had sex. For a rape conviction, all that is then needed is proof that it was nonconsensual. If she says it was nonconsensual and a jury finds her statement credible, that is enough for conviction.

[skinsfan69]

Originally Posted by JoeRedskin

Yes, no, maybe. He agreed that they had sex. For a rape conviction, all that is then needed is proof that it was nonconsensual. If she says it was nonconsensual and a jury finds her statement credible, that is enough for conviction.

i understand that but where was the proof of nonconsensual sex in this case? There was none. This girl had no injuries. Was there any chain of command here? Some heads should be rolling. I know it happens far too often in our justice system...even for murder cases. I hope this young man gets compensated for this tragedy. And I hope the women that did this to him is somehow punished.

[JoeRedskin]

Originally Posted by skinsfan69

i understand that but where was the proof of nonconsensual sex in this case? There was none. This girl had no injuries. Was there any chain of command here? Some heads should be rolling. I know it happens far too often in our justice system...even for murder cases. I hope this young man gets compensated for this tragedy. And I hope the women that did this to him is somehow punished.

Nonconsensual does not mean force or violence were necessary to the rape. It means she said no. There are any number of reasons why she would have no injuries. What if a woman submits to rape in order to avoid further injury? There is simply no duty for the woman to do anything more than say no. She is not under a duty to fight, resist or otherwise escalate the inherent violence of a rape.

Unless you were there, knew the facts, understood how Mr. Banks and the woman would present to a jury, had access to all the evidence, forensic & testimonial, had an understanding of the jury to pool and judges you would potentially be presenting to, you simply are not in a position to evaluate the likelihood of success or failure of either the prosecution's or the defense's cases. Sure it looks cut and dry and hindsight is 20/20 but assuming that, b/c the end result was wrong, it should have been obviously so to everyone along the way is simply naive.

But, what do I know about the law, it's not like I have been doing this sh** for 20 years.

[SmootSmack]

He's working out for the Redskins today

[skinsfan69]

Originally Posted by SmootSmack

He's working out for the Redskins today

He's a real long shot but I hope he makes a team. What a story that would be.

[JoeRedskin]

Originally Posted by skinsfan69

He's a real long shot but I hope he makes a team. What a story that would be.

And with this, I whole heartedly agree.