Do You Believe That a Woman Should Never Be Raped?

hotballa · May 26, 2012

Vote before you read the story. I don't think a woman should ever be raped, but I'ma just say that if it did happen to her, I'd understand.

http://www.latimes.com/news/local/la-me-rape-dismissal-20120526,0,2765187.story

A day after a former high school football star had his rape conviction dismissed, attention focused on the woman who recanted the sexual assault claim she made 10 years ago.

Wanetta Gibson was a high school sophomore when she accused Brian Banks of raping her at Long Beach Poly High School. She and her family sued the school, receiving a $750,000 settlement, and Banks spent five years in prison after pleading no contest to forcible rape.

Even though a judge tossed out the rape charge Thursday, it remains far from certain whether Gibson, 24, will face any consequences.

Banks, now 26, said he wants to put the ordeal behind him.

"We do not plan on taking any legal action against Gibson," said Banks' attorney, Justin Brooks of the California Innocence Project. "We do plan on filing a state claim for the $100 a day Brian is entitled to under state law 4900 for every day he was wrongfully incarcerated."

L.A. County prosecutors have said a case against Gibson for making false accusations would be tough to prove.

Legal experts said it could also be difficult for the Long Beach Unified School District and its insurer to get the settlement money back.

Then there is the reality of Gibson's life.

Court records suggest she has few assets: She received public assistance for a time and her children, ages 4 and 5, still do, according to two suits brought by the county in an attempt to collect child support.

Gibson, who could not be reached for comment, was ordered initially to pay $600 a month toward their support. But in the last year, county officials said she didn't have to pay anything, citing a lack of income and employment.

According to Banks and his private investigator, Gibson refused to tell prosecutors that she had lied, so she wouldn't have to return the money she and her family had won in court.

She also said she feared it would affect her relationship with her children, Banks' attorney said in court papers.

The statute of limitations for making a false claim is four years, but experts say it could restart when a previously hidden crime is discovered. In this case, Gibson testified in 2003 during Banks' preliminary hearing, but recanted her accusation last year. "No, he did not rape me," she told Banks and his private investigator in a recorded conversation.

"The prosecution can say that we only learned last year that the crime of perjury occurred and therefore we are still within the statute of limitations," Loyola Law School professor Stan Goldman said.

The fact that Gibson was a juvenile when she initially made her accusation poses a potential complication, as does the fact that she has since recanted her recantation. But Goldman said the large monetary settlement she received might make charging her a priority for prosecutors trying to ensure the integrity of the criminal justice system.

There is no official investigation by Long Beach police into Gibson's conduct, but officers are "reviewing the matter" and "will be in consultation with the district attorney's office following the review," said Lisa Massacani, a department spokeswoman.

As for the money Gibson and her family received, the school district declined to comment. The attorney who represented the district in the civil negotiations said the confidential settlement paid Gibson $750,000 and not the $1.5 million cited in Banks' court filings. Attorney Allen L. Thomas said that during the three-year case, he doubted Banks' guilt on many occasions.

"When I took his deposition in prison, I felt like I was facing an innocent man," Thomas said.

Ultimately, the decision to settle lay with the district's insurance company, he said. Thomas said that the district had not asked him to revisit the case in light of Banks' exoneration, but that he was personally troubled and believed "someone should look at it. Did she perpetuate a fraud on the government?"

Gibson had reached out to Banks on Facebook last year because she felt guilty that he wasn't able to go to college and play football, and she had "a desire to make amends," Banks' attorneys said in court documents.

When Banks heard from her, he recalled, "I stopped what I was doing and got down on my knees and prayed to God to help me play my cards right."

She agreed to meet him and a private investigator. Their conversation was taped, and her admission provided enough evidence for the California Innocence Project to take his case — and for the judge to dismiss the conviction Thursday.

"It's been a struggle; it's been a nightmare," said Banks, who's now focusing on his NFL dreams. "It's more than I can describe, the things that I've been through."
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tldr cliff notes: former top high school football star gets accused of rape in school. he pleads guilty to avoid the potential of 41 years in jail if found guilty. "victim" sues school and wins $750,000. guy goes to jail for 5 years and forced to register as sex offender. victim recants her story and admits it never happened.

Kam · May 26, 2012

There is a similar story like this from CA with a soccer player there.

YaosDirtyStache · May 26, 2012

Her name is Wanetta, she already was born a piece of ****.

Warning-Sign · May 26, 2012

After what she did, she still doesn't deserve to be raped as reparation. She needs to be punished by paying back money or jail time.

Kam · May 26, 2012

Eric Frimpong is the name, here is the story.

http://sports.espn.go.com/espn/news/story?id=4300383

QdoubleA · May 26, 2012

Five years of that mans life. No amount of money can replace the missed opportunities of 5 years. His hopes and dreams flushed down the toilet because of that piece of filth girl. She shouldn't be raped, but the full force of the law should be brought down upon her.

amaru · May 26, 2012

YaosDirtyStache said: ↑

Her name is Wanetta, she already was born a piece of ****.
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I'm detecting some eurocentric bias here......

YaosDirtyStache · May 26, 2012

The worst thing I have ever done to a woman is shove dog **** up her ass and make her keep it in for a whole day.

finalsbound · May 26, 2012

i hope she gets the book thrown at her, but

hotballa said: ↑

Can There Be Any Instances Where a Woman Deserves to Get Raped?
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wtf is wrong with you?

hotballa · May 26, 2012

finalsbound said: ↑

i hope she gets the book thrown at her, but

wtf is wrong with you?
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uh I voted no, so not sure what the problem is.

Coach AI · May 26, 2012

She deserves to lose that money and spend time in jail imo....but uh, wtf at this even being a question.

hotballa said: ↑

uh I voted no, so not sure what the problem is.
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probably that you 'would understand'.

hotballa · May 26, 2012

Rokkit said: ↑

She deserves to lose that money and spend time in jail imo....but uh, wtf at this even being a question.

probably that you 'would understand'.
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she cried rape and cost a man all those years. i would never condone a woman being raped but when someone does cry rape and does the stuff she did, of course it's going to cross my mind. obviously the question is being put out there for a special circumstance. there are those who would never believe in the death penalty but in the case of a John Gacy, I'm sure it's crossed their minds.

Coach AI · May 26, 2012

hotballa said: ↑

she cried rape and cost a man all those years. i would never condone a woman being raped but when someone does cry rape and does the stuff she did, of course it's going to cross my mind. obviously the question is being put out there for a special circumstance. there are those who would never believe in the death penalty but in the case of a John Gacy, I'm sure it's crossed their minds.
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*shrug* just telling you why I would guess some people would ask wtf is wrong with you. What she did is evil as hell and she should have every minute of her life taken away in a prison equal to what she took away from this guy, imo.

But no, justice = 'rape a woman' would not 'cross my mind'. but that's just me.

fallenphoenix · May 26, 2012

what are the odds that she told her parents that she was lying, and they made her go through with it for the money and avoiding the stigma of lying about something like that?

fallenphoenix · May 26, 2012

also, what are the odds that HE got raped in prison? don't inmates not take kindly to rapists?

DeAleck · May 26, 2012

Does double jeopardy apply here?

fallenphoenix · May 26, 2012

DeAleck said: ↑

Does double jeopardy apply here?
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no, nobody is getting charged for the same case twice.

Ramathorn006 · May 26, 2012

finalsbound said: ↑

i hope she gets the book thrown at her, but

wtf is wrong with you?
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A man killed another man...does he deserve the death penalty?

A woman falsified rape...does she deserved to be raped?

Simplify the concept the OP is trying to make. Stop over thinking the point the OP is trying to wonder. Obviously the majority of sane people will vote no.

AroundTheWorld · May 26, 2012

Congratulations - weird/awkward thread title of the year.

Jontro · May 26, 2012

Checking in thread.

Checking out.

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