Brian Banks

[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.