Man Exonerated 10 Years After False Rape Accusation

Posted on June 6, 2012 at 9:32am by

Brian Banks was convicted on sexual assault and rape charges when he was only 16 years old, approximately 10 years ago. Banks’ conviction was overturned and he was exonerated recently after the alleged victim, Wanetta Gibson, recanted her testimony of Banks of raping her while they were at Long Beach Poly High School together in California.

Gibson subsequently sued the school district, receiving a $750,000 settlement and Banks spent 5 years in prison for rape after pleading no contest. Gibson later friend-requested Banks on Facebook and admitted to him that she fabricated her testimony to sue the school district. Although it is great that an innocent man is out of jail, it is unclear whether or not any charges can be filed against Gibson. Although, crazy as it may seem, that does not seem to be any sort of priority for Banks. Banks plans to file a claim against the state, but not Gibson.

“We do not plan on taking any legal action against Gibson,” says Banks’ attorney, Justin Brooks of the California Innocence Project. “We do plan on filing a claim for the $100 a day Brian is entitled to under state law.”

It is unfortunate that there is little recourse for Banks to take against Gibson for her false accusation. Records indicate that she has no money left for Banks to recover, and possible criminal charges would be minimal, if anything, considering the statute of limitations.

Law Office of Christine Harris—Dallas County criminal justice lawyer.

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