False accusations occur when someone knowingly makes a charge of wrongdoing against another person. Perjury, on the other hand, refers to the act of willfully testifying about something that is not true in court after having taken an oath or affirmation.
According to the National Registry of Exonerations, 56% of wrongful convictions cite false accusations or perjury as contributing factors. In specific crime categories like child sex abuse cases, where the rate is 84%, and homicide cases, where the rate is 68%, the prevalence of perjury or false accusations is notably high.
Various individuals involved in a case can be influenced or coerced into making false statements under oath, including witnesses, co-defendants, and victims. The motivations for perjury and false accusations range on a broad spectrum and can stem from personal animosity, financial gain, seeking deals from prosecutors or police, or attempting to divert attention from one’s wrongdoing.
One common scenario of false accusations or perjury involves the use of informants or “jailhouse snitches” by the government, whose testimony becomes a crucial piece of evidence. Informants, unknown to the accused, may provide false testimony to receive favorable treatment from law enforcement or prosecutors. These “jailhouse snitches” often testify about the accused confessing to the crime they are accused of while in jail together. Post-conviction advocates at innocence organizations aim to make note of the use of jailhouse witness testimony and identify individuals frequently appearing in court across multiple cases or counties.
The case of Brian Banks is a prominent example of a false accusation leading to a wrongful conviction. In July 2002, Banks, a 16-year-old rising football star at Polytechnic High School in Long Beach, California, was attending summer school and looking forward to his final high school football season.
One morning, Banks went with Wanetta Gibson, a 15-year-old acquaintance, to a secluded area of the school near a stairwell that was known as a “make-out” spot. About a half hour later, Gibson returned to class, where her teacher criticized her for taking so long. Moments later, Gibson passed a note to a friend saying she had been raped by Banks. At the end of classes, Gibson told her sister that Banks had raped her and went back inside the school to report what happened to school officials. That night, police arrested Banks at his parents’ home resulting in rape and kidnapping charges by the Los Angeles County District Attorney’s office.
Facing a potential prison term of 41 years to life, Banks pleaded no contest on July 8, 2003, receiving a six-year sentence. Banks served five years in prison and then was released on parole with an ankle monitor. He was required to register as a sexual offender impacting where he could live and what types of jobs he could obtain, among many other limitations. Meanwhile, Gibson’s family settled a lawsuit against the school district for $1.5 million.
On February 28, 2011, Gibson sent a message to Banks on Facebook, asking him to become an online friend. Banks did not accept the offer, but instead messaged back asking if she would meet with him. Gibson agreed to meet and during a videotaped interview admitted there was no rape or kidnapping. She admitted that they had kissed, hugged, and fondled, but had not engaged in sex at the “make out” spot.
On August 15, 2011, Banks filed a petition, asking the state to review his case and vacate his conviction. The petition revealed that two years after Gibson accused Banks of sexual assault, she admitted to a friend she was not raped. Instead, she made up the story to avoid her mother knowing that she was sexually active. The petition also exposed that during a legal deposition, where Gibson was asked questions under oath for a lawsuit, she told her lawyer that the assault never happened. Surprisingly, when Gibson shared her concern, the lawyer suggested she remain quiet and allow events to unfold.
On May 24, 2012, Los Angeles Deputy District Attorney Brentford Ferreira requested to set aside Banks’s conviction, leading to the dismissal of all charges against him and removal from the registered sex offender list.
This case highlights how false accusations, even when later recanted, can have severe consequences, leading to wrongful convictions and the loss of years of an individual’s life. It underscores the importance of thoroughly investigating claims and ensuring a fair legal process to prevent wrongful convictions.
