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Kelly's Court: Should Brian Banks' Accuser, Wanetta Gibson, Be Prosecuted for Lying About High School Rape?

Brian Banks, whose promising football career was derailed by a false rape accusation from a high school classmate, was profiled in a feature on CBS' '60 Minutes' last night. Amazingly, Banks said he does not hold a grudge against his former accuser, Wanetta Gibson.

Banks pleaded no contest to rape and kidnapping charges based on advice from his attorney that he would probably lose in court and face life in prison. After taking the deal, he spent

more than five years in prison, all the while knowing he had never committed a crime.

Gibson recanted her story last year and was caught on tape admitting Banks had never raped her. Banks was fully exonerated and a judge released him from probation and removed him from the state's list of sex offenders. He is now hoping to earn a roster spot on an NFL team.

On Kelly's Court this afternoon, Megyn Kelly asked why Gibson is not facing any charges after collecting a huge legal settlement from the school district. Former prosecutor Mark Eiglarsh said he sees no reason why Gibson is not being prosecuted, arguing she has made it harder for legitimate rape victims to receive justice.

"The climate that she creates now is much bigger than just this one individual. Other rape victims may hesitate to come forward because now what this creates is an environment where 'well we don't know, could be another fake one, could be another Duke lacrosse situation.' Damn her for doing what she did. She should be taken into custody," he said.

Defense attorney David Wohl pointed out that Banks does not want to cooperate with authorities to allow for Gibson to be prosecuted. He said that Gibson would likely only face a misdemeanor anyway, and if prosecuted, would probably claim that she was not being truthful in the hidden camera video.

Watch the discussion:

Part 1

Part 2

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