Wrongly Convicted Player Released After 5 Years In Prison

[chicowalker]

Well, yes, he was innocent, since the charges were rape (and she also claimed he kidnapped him)

As for statutory rape, he was only 16, so, yes, he was innocent of that as well.

It wasn't clear from the article is the girl was above the age of consent. If she wasn't then he wasn't 'innocent' -- she was a liar and his punishment was harsh, but he was not innocent.

I talked to my hs/college boys about this. One lesson is the potential consequences of 'casual' sex...

1) she cries rape
- court/jail
- damaged reputation
2) she falsely accuses you of impregnating her
- paternity tests and lawsuits
- child support and uncertainty
3) you impregnate her
- child support
- loss of access to your child
- complications in future relationships
- she decides to abort your baby
4) disease

It would be a shame if the only thing anyone gets out of this is that a lying high school sophomore can get a football star in a lot of trouble.

 

[wizwor]

the age of the rapist is not a factor in statutory rape.

 

[Avenger]

the age of the rapist is not a factor in statutory rape.

If they are both under the AOC then who do you determine who the rapist is in statutory rape? do you charge both?

 

[Dr Pain]

(Sorry to derail, but this is an area where most Americans are simply mis-informed. In simplest terms, TARP allocated $250 billion for the banks. Because much of this was in the form of the Gov't essentially buying those banks' preferred stock, the taxpayer actually wound up ahead when the stock price rose and the the banks bought their own stock back. (JPMorgan's a good example: $25 billion "lent" - thought JPM didn't need or ask for it - and a profit of over $760 million to the Treasury when they bought the stock back in the summer of 2009.) No doubt there was a lot of waste and abuse in the TARP program overall, and certainly as you point out throughout gov't, but the banks aren't nearly the villians most make them out to be..)
Where Did the TARP Money Go? - BusinessWeek

Fail – Banks are villains
Glass Steagall has to be reintroduced. The proprietary trading desks have no business being in the same business as an FDIC insured bank. Banks have transferred bad assets to the FDIC insured portions of banks putting them at a higher priority than your deposits. If they roll you take the hit and the taxpayer will be to the amount of the FDIC limit. Why was MF global allowed to loot its customers’ accounts of $1.6B to pay JPM and there are no indictments or clawback of the money that illegally went to JPM? We are already seeing bank runs in Greece, Spain and Italy. These will likely become huge soon. The banks set themselves up to be protected and the depositors and taxpayers are on the hook.

 

[Palm Beach Pats Fan]

It wasn't clear from the article is the girl was above the age of consent. If she wasn't then he wasn't 'innocent' -- she was a liar and his punishment was harsh, but he was not innocent.

Since she now admits that they did not have sex AT ALL, he is, in fact, quite innocent.

 

[wizwor]

If they are both under the AOC then who do you determine who the rapist is in statutory rape? do you charge both?

Generally, the guy is found to be the rapist. That was my point -- be careful what you do with your boy parts.

 

[wizwor]

Since she now admits that they did not have sex AT ALL, he is, in fact, quite innocent.

Her accounts are a little confusing...

When Gibson accused Banks of rape following an encounter at Long Beach Polytechnic High School, his attorneys encouraged him to plead no contest instead of going to trial before a jury and risking 41 years in prison.

His attorneys said he "chose the lesser of two evils" when he pleaded no contest. Banks was sentenced to six years, which he served and is now on parole and registered as a sex offender.

On Feb. 28, 2011, Banks' story took a dramatic turn. Gibson, his accuser, requested his friendship on Facebook. He did not accept it, but asked her if she would meet with him and a private investigator. She agreed.

"Gibson met with Banks and a private investigator and recanted her preliminary hearing testimony that Banks raped her," his attorneys wrote. She said that the two had been "making out pretty heavy," but that they did not have intercourse or "anything like that."

"Gibson said that they were just playing around, being curious about sexuality, and that the adults got involved and blew it all out of proportion," according to legal documents. "She said the adults 'put stuff in [her] head.'"

The fact that her accounts landed him in jail just reinforces the idea that you have to be careful. I'm not sure what constitutes rape (statuary or otherwise), but this kid ended up copping a plea and doing time.

 

[Haley]

Generally, the guy is found to be the rapist. That was my point -- be careful what you do with your boy parts.

Statutory rape is sex between an adult and a minor, not 2 minors. What you describe above would constitute sexual discrmination by the state. It doesn't work like that, people would sue and rightly so.

 

[wizwor]

Statutory rape is sex between an adult and a minor, not 2 minors. What you describe above would constitute sexual discrmination by the state. It doesn't work like that, people would sue and rightly so.

In a world where you make the laws, this might make sense, but for the rest of us, statutes that define statutory rape make the laws. Long Beach Poly High School is in California, so the statute that applies is...

California

§ 261. 5(b)-(d)


Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 and the actor is not more than three years older or three years younger, is guilty of a misdemeanor

Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 who is more than three years younger than the actor is guilty of either a misdemeanor or a felony

Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony


Up to one year in county jail

Up to one year in county jail or by imprisonment in the state prison (period unspecified)

Up to one year in a county jail or by imprisonment in the state prison for two, three, or four years

So, both could have been charged with SR, and he is one of both. Up to the legal system what constitutes unlawful sexual intercourse, but feel free to let us know what it means to you.

 

[chicowalker]

In a world where you make the laws, this might make sense, but for the rest of us, statutes that define statutory rape make the laws. Long Beach Poly High School is in California, so the statute that applies is...


So, both could have been charged with SR, and he is one of both. Up to the legal system what constitutes unlawful sexual intercourse, but feel free to let us know what it means to you.

So they both could have been charged with misdemeanors...

He was innocent.

 

[UK_Pat37]

Statutory rape is sex between an adult and a minor, not 2 minors. What you describe above would constitute sexual discrmination by the state. It doesn't work like that, people would sue and rightly so.

Slightly different to the US here in the UK then..internationally, Statutory rape can mean an adult (16 years of age or over under laws here) having sex with a minor (15 or under) or two minors of 15 years or younger consenting together also. It doesn't matter.

If both the male and female are under the legal age, legal responsibility falls on the male over here.

 

[eagle eye]

I remember reading about 14 years ago about a case in Ireland where a serial house burglar was arrested for having a screw driver and hammer in his possession without actually robbing anything. When the case went to court he was convicted and sentenced to two years by the judge. On his way out of court he turned to the judge and shouted 'judge, judge I want to plead guilty to rape as well.' Silence fell over the court room and the judge told him that he couldn't plead guilty to something until he was charged but that he should speak with the police about the matter. The convict replied 'Ah sure I didn't actually do anything but I have the tools on me.'

 

[BTTA]

California § 261. 5(b)-(d)

Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 and the actor is not more than three years older or three years younger, is guilty of a misdemeanor

Up to one year in county jail

This law is broken so frequently that enforcement is impossible. Half the kids in the state would be on probation.

 

[Palm Beach Pats Fan]

Since she now admits that they did not have sex AT ALL, he is, in fact, quite innocent.

Her accounts are a little confusing...

what is at all confusing?

She said that the two had been "making out pretty heavy," but that they did not have intercourse or "anything like that."

no sex = no rape

The only wiggle room is if oral sex was involved, but I would think that such activity would fall under the "anything like that" category.

She is a lying tramp. Isn't that completely clear to anyone? It was completely clear to the judge.

 

[Haley]

In a world where you make the laws, this might make sense, but for the rest of us, statutes that define statutory rape make the laws. Long Beach Poly High School is in California, so the statute that applies is...


So, both could have been charged with SR, and he is one of both. Up to the legal system what constitutes unlawful sexual intercourse, but feel free to let us know what it means to you.

Sorry but I make a rule never to discuss anything with anyone rude or belligerent. It isn't worth my time.

 

[Palm Beach Pats Fan]

Rick Reilly: The Redemption of Brian Banks - ESPN

He's been offered tryouts with the Redskins, Chiefs, Seahawks, and Dolphins and a job with the front office of the Arizona Diamondbacks if none of that pans out.

From the story, the crazy clueless chick apparently wanted to date him again!

 

[Snake Eyes]

Sorry but I make a rule never to discuss anything with anyone rude or belligerent. It isn't worth my time.

Translation = I don't have a counterpoint.

 

[Palm Beach Pats Fan]

Translation = I don't have a counterpoint.

No, the person he was responding to kept ignoring, over and over again, very fundamental parts of the story, such as they did not have sex AT ALL and the guy would be innocent based upon any set of laws in effect anywhere, that I have ever heard of. The whole statutory rape discussion could not be more irrelevant, when you understand that everything was 100% fabricated.

 

[Palm Beach Pats Fan]

Florio thinks the Dolphins will sign the guy, if nothing else, to help the Hard Knocks show.

Prediction: Dolphins will offer Brian Banks a contract | ProFootballTalk

 

[Snake Eyes]

No, the person he was responding to kept ignoring, over and over again, very fundamental parts of the story, such as they did not have sex AT ALL and the guy would be innocent based upon any set of laws in effect anywhere, that I have ever heard of. The whole statutory rape discussion could not be more irrelevant, when you understand that everything was 100% fabricated.

Palm Beach Pats Fan response > Haley response