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Archae

(46,328 posts)
Fri May 25, 2012, 01:42 PM May 2012

Should Brian Banks sue his accuser?

Brian Banks went to jail for a rape that a woman simply made up, she admitted it on videotape, Banks has been exonerated now.

What should happen to the accuser?

Because her antics also casts doubt on REAL rapes.

26 replies = new reply since forum marked as read
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Should Brian Banks sue his accuser? (Original Post) Archae May 2012 OP
She should be prosecuted. TheWraith May 2012 #1
The prosecutor should also liberalhistorian May 2012 #21
She should get the amount jail he received SpartanDem May 2012 #2
Apparently ruined a budding sports career too 4th law of robotics May 2012 #6
More than that 47of74 May 2012 #16
I don't know why she's not prosecuted by default. EOTE May 2012 #3
I thought that filing a false police report was a crime. I don't understand why she won't Arkansas Granny May 2012 #4
In a just world he could get back all his lost wages plus pain and suffering 4th law of robotics May 2012 #5
jail her; school district sue money extorted from them cjholmes May 2012 #7
Prosecution for fraud and filing false police reports bluestateguy May 2012 #8
He could, but he can't get those years back ecstatic May 2012 #9
It won't change it, but it could go a ways toward making up for it. EOTE May 2012 #12
I'd like to know if the police or prosecutors will face any consequences gratuitous May 2012 #10
Unfortunately, in our liberalhistorian May 2012 #22
She should do jail time. sarcasmo May 2012 #11
Of course. She should be prosecuted, go to prison, Nye Bevan May 2012 #13
This is terrible. She deserves prosecution for the max penalty. aikoaiko May 2012 #14
She should definitely be prosecuted GObamaGO May 2012 #15
I didn't know his accuser got money. Archae May 2012 #19
She sued the school district GObamaGO May 2012 #24
She should be forced to return it if it takes liberalhistorian May 2012 #25
Absolutely GObamaGO May 2012 #26
yes, get that $1.5 million she got Liberal_in_LA May 2012 #17
Just read his story. Jesus Christ! That girl should spend the same amount of time behind bars and he Bill USA May 2012 #18
The biggest question I have for his accuser is... Archae May 2012 #20
Money, fame, attention, liberalhistorian May 2012 #23

TheWraith

(24,331 posts)
1. She should be prosecuted.
Fri May 25, 2012, 01:49 PM
May 2012

The problem with these cases is that there's always almost no real consequence for falsely accusing someone. Let her do a couple years in prison for obstruction of justice.

liberalhistorian

(20,818 posts)
21. The prosecutor should also
Fri May 25, 2012, 04:58 PM
May 2012

face criminal charges and disbarrment. My son was the victim of a false report and it could have turned out very badly for him had his public defender not been able to prove conclusively that it was false before it got very far past the charges stage. The prosecutor's office didn't even bother to do any investigation whatsoever, they just filed the charges based on the claims and statements of the "victim", who was trying to get back at him because he got a coveted slot that she had wanted in a group they were both members of. Any prosecutor who brings cases like this under these circumstances, with little investigation and just taking things at face value, deserves to be criminally prosecuted themselves, not the least of which for knowingly destroying innnocent lives.

 

4th law of robotics

(6,801 posts)
6. Apparently ruined a budding sports career too
Fri May 25, 2012, 02:04 PM
May 2012

that's a lot of potential earnings gone forever. An athlete cannot get his early 20s back. All that potential, gone forever over one lie.

EOTE

(13,409 posts)
3. I don't know why she's not prosecuted by default.
Fri May 25, 2012, 01:51 PM
May 2012

Isn't falsely reporting a rape a pretty big crime? She should at least do as much time as he did. And he should be getting a damned fat check from the state, too.

 

4th law of robotics

(6,801 posts)
5. In a just world he could get back all his lost wages plus pain and suffering
Fri May 25, 2012, 02:02 PM
May 2012

she would go to jail one year for every year he served then 5 or more on top of that and be placed on a registry.


In reality he should count himself lucky: he was finally cleared. And just move on with his life.

Nothing will happen to her.

cjholmes

(1 post)
7. jail her; school district sue money extorted from them
Fri May 25, 2012, 02:04 PM
May 2012

She committed a serious crime and violated the 10 commandments - thou shalt not bear false witness. She should pay dearly for this crime.

She should be prosecuted without question and put in prison for AT LEAST as long as he was in prison.

The school district should sue for the money back that she extorted out of them PLUS penalties.

Her case was weak in the first place, so the original players (prosecution, attorneys) bear some responsibility for poor investigation, bad legal advice. He should sue both her and them for conspiracy to see what settlement he can get.

bluestateguy

(44,173 posts)
8. Prosecution for fraud and filing false police reports
Fri May 25, 2012, 02:37 PM
May 2012

and that also should have been done for the Duke lacrosse accuser.

And no bullshit excuses about "mental problems" either. A crime is a crime is a crime is a crime.

ecstatic

(32,705 posts)
9. He could, but he can't get those years back
Fri May 25, 2012, 03:12 PM
May 2012

No amount of money will change the fact that he lost 5 years of his life.

EOTE

(13,409 posts)
12. It won't change it, but it could go a ways toward making up for it.
Fri May 25, 2012, 03:39 PM
May 2012

I hope he's still able to get a career in the NFL, but he's lost his prime earning years already. A good 7 (or 8) figure settlement could help make up for those lost years and for the fact that he was unjustly imprisoned. If he isn't compensated fully for those lost years, it would be an even further travesty.

gratuitous

(82,849 posts)
10. I'd like to know if the police or prosecutors will face any consequences
Fri May 25, 2012, 03:23 PM
May 2012

After all, isn't it part of their job to ferret out false accusations? I don't know anything about the particulars of this case, but shouldn't there be a little more to getting a conviction than one person's accusation?

liberalhistorian

(20,818 posts)
22. Unfortunately, in our
Fri May 25, 2012, 05:06 PM
May 2012

sex-offender-obsessed culture that lumps men who give someone a misinterpreted look, kids who send each other racy pictures, and the like, with pedophiles and rapists under one big label of "sex offender", all it takes to ruin someone's life is to make these kinds of claims, it doesn't matter if the claim is true or not or what the true circumstances are. If a woman wants to get back at someone for whatever reason, she can make such claims and chances are charges will be filed without any real investigation and the person's life will be ruined. My son's life was nearly ruined by a deliberately false accusation; fortunately, he had a good public defender who was able to prove that it was false and that it never should have been filed in the first place before it got much past the charges stage. The prosecutor never even bothered to do any investigation, just filed charges on the word of the teenage bitch and her father. And nothing happened to her, either, regarding a false report, they just dropped the charges against my son.

What truly pisses me off besides the factor of ruined innocent lives is that this damages REAL rape and sexual harassment cases and makes REAL victims less credible, despite a real crime and real suffering. Which means REAL rapists and pedophiles get away with their crimes.

aikoaiko

(34,170 posts)
14. This is terrible. She deserves prosecution for the max penalty.
Fri May 25, 2012, 03:39 PM
May 2012

One on hand I'm sympathetic to offering false accusers light or not sentences in order to get innocent people out of jail, but in this case she was (is) completely uncooperative with law enforcement. She (and her mother if she knew it was false) need to pay for their crimes.

GObamaGO

(665 posts)
15. She should definitely be prosecuted
Fri May 25, 2012, 03:53 PM
May 2012

From what I have seen, Banks is being really quite honorable.

She should also be forced to pay back the settlement she received as a result of her lying about being raped.

liberalhistorian

(20,818 posts)
25. She should be forced to return it if it takes
Fri May 25, 2012, 09:44 PM
May 2012

the rest of her miserable life to pay it off. Both Banks and the school district should file suit against her and possibly her mother also, since I have the feeling she was in on it as well; if they lose everything they own, tough shit, most of it was ill-gotten gains anyway. She even told him in the private meeting he taped that she had been lying all along, but that she'd only say so if she didn't have to return the 1.5 million dollars she'd gotten. She then refused to cooperate with police until she learned he'd videotaped the whole confession. Fucking lying low-down bitch.

GObamaGO

(665 posts)
26. Absolutely
Fri May 25, 2012, 10:01 PM
May 2012

She (and her mom if she was also involved) should have to pay additional damages directly to Banks for the 5 years of his life he will never have back because she was so despicable and lied about being raped.

Banks, even though he is vindicated, will have to deal with people thinking he is a rapist for the rest of his life. And to think that she will remain free after that really burns my ass.

Bill USA

(6,436 posts)
18. Just read his story. Jesus Christ! That girl should spend the same amount of time behind bars and he
Fri May 25, 2012, 04:06 PM
May 2012

should sue her for the money he would have made as an NFL player. several million dollars over 4 to 5 years (from the time he reached 21 or 22 yrs old). She should spend the rest of her life working to pay him that money. Even that would not let bygones be bygones.

filing a false police report is a crime. Cost of court proceedings she should be liable for, too.



liberalhistorian

(20,818 posts)
23. Money, fame, attention,
Fri May 25, 2012, 05:08 PM
May 2012

a grudge against the guy, take your pick. Some people will do anything for money, fame and attention, especially if they can get back at someone. For some people, any kind of limelight and attention, even negative, is desirable and the amount of money she extorted likely had a lot to do with it as well.

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