ConsentIQ · Case studies

    Brian Banks: five years in prison, then cleared

    What happened

    In July 2002, Brian Banks was a 16-year-old high school football star in California. He was accused of rape. There was no physical evidence, and the case rested on his accuser's statements to police.

    His lawyer warned him he could face 41 years to life in prison if a jury convicted him. In 2003 he pleaded no contest. He was sentenced to six years, served five years in prison, and was then released under supervision as a registered sex offender.

    How he was cleared

    In February 2011 his accuser contacted him on Facebook. When they met, she admitted on video that no rape had happened. On 24 May 2012 his conviction was dismissed. He was 26.

    What it shows

    Ten years of his life turned on one account, given after the fact, with nothing recorded at the time. Cases like this are rare, and most reports of sexual assault are genuine. When it does happen, everyone loses: the person accused, and every genuine victim who finds it harder to be believed.

    How ConsentIQ helps

    ConsentIQ gives both people a clear record of what was agreed, made at the time. You start a session in your web browser and show a QR code. The other person scans it on their own phone, with no app or account, and records their own yes or no. You see one result on screen: consent granted, or not granted. The video is never sent to anyone, and it stays encrypted and private.

    A no is recorded just as clearly, and respected. Consent can be withdrawn at any time, and a record doesn't guarantee any legal outcome.

    Sources

    1. NPR, Cleared Of Rape Conviction, California Man Remains Unbroken, 25 May 2012
    2. Exoneration Registry, Brian Banks case record