Exonerated football star won't sue accuser

Brian Banks weeps after his rape conviction was dismissed in court Thursday, May 24, 2012, in Long Beach, Calif. (Nick Ut)

May 27, 2012 8:17:32 AM PDT
A rising California football star who was convicted of raping a high school classmate and spent six years behind bars before being exonerated will not press charges against the woman who falsely accused him, his lawyer reportedly says.

A lawyer for Brian Banks told the Los Angeles Times today that the 26-year-old would not pursue any action against Wanetta Gibson, a high school classmate who accused him of rape.

"We do not plan on taking any legal action against Gibson," Justin Brooks of the California Innocence Project told the Times. "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."

Banks had a full football scholarship to the University of Southern California back in 2002, when Gibson accused him of kidnapping and raping her following what was actually a "consensual sexual encounter," according to new court documents detailing the Gibson's recantation. The two had been "making out pretty heavily" but did not have intercourse, Banks' lawyers wrote.

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