Roman Polanski

[McLovin]

Originally Posted by Dueller

Not trying to defend Polanski, but my most recent statutory rape client was a nobody college student and it was plea bargained down to a contributing to delinquency charge (misdemeanor) and got 1 yr probation, a $1000 fine and did not have to register as a sex offe3nder for the rest of his life, so I don't buy his celebrity as the sole reason he was able to cut a deal.

What were the ages of the guy and girl in your case?

[Racerbvd]

Originally Posted by RWebb

BTW nobody mentioned that frikkin' Woody Allen signed a petition supporting him...

Yep, Perves of a feather.....

The very good point was made that if he was a truck driver, the world would be looking to hang him. We cant have two justice systems, one for notables and one for nobodies

No, if he had been a truck driver he would have already been locked up..

Lets be honest, all you guys saying it is no big deal, she (aged 13) agreed to it, ect...... What if he KNOWINGLY DRUGGED AND SODOMIZED A 13 YEAR OLD--he even admitted at trial that he knew she ws 13 prior to commiting the act
to your daughter or sister???? Would you still have no problem if your 13 daughter having sex wth a 44 year old who is feeding her drugs???

[Dueller]

Guess we are arguing apples and oranges here. Once again let me reiterate I am not defending Polanski. Rather i am arguing the law, prosecutorial misconduct, judicial misconduct, etc. And I'll be the first to admot that two wrongs don't make a right.

Look at the statute,,,Cali code 261.5. The Cali legislature saw fit to recognize that various factors must be considered in determining the seriousness of the crime lest they would not include language where the crime could be a misdemeanor or various levels of felonies. If I am not mistaken (and I may be since I am not licensed in California) even in a statutory rape case the victim's chaste or unchaste character, mistake of age, consent by the victim, etc may be considered as a mitigating or aggravating factor or used as a defense. As far as age concerns, Cali law suggests that there are differing levels of crime severity dealing with the age of victim under 18, perp over 18 and perp over 21.

By contrast, in my jurisdiction (Miss) statutory rape is a crime of strict liability: If victim under 16 and perp more than 3 years older victim's character, mistake of age, consent etc is not a defense nor is it even admissable. There is a minor concession in that if perp is under 21 then max sentence is 5 years. If perp over 21 then max sentence is 20 years.

So it varies from state to state. The California crime Polanski pled guilty to could have resulted in probation, up to 1 year, or 2/3/4 years apparently depending on the circumstances and defenses. In Mississippi he would be facing 20 years and none of the defenses or mitigating circumstances would be considered. In either state, over 21 is the only age considered.

Let me also reiterate I am not blaming the victim. But in a 2003 interview with Larry King (I think) she stated that she had a photo shoot with him 2-3 weeks earlier where he did not try anything, she willingly took the quaalude, drank champagne with him, willingly took her top off in the hot tub to pose for him since that was very "european ", that she had already had sex with her 17 y.o. boyfriend, that her mother encouraged her to model for him since he was a famous director who could help her career, etc. I have seen the non-nude photos in the hot tub and she seemed somewhat coquetish in those pics.

That is not suggesting I condone Polanski's actions or suggest she deserved what happened to her. But the events did not occur in a vacuum. As far as Polanski knowing her actual age, I don't think he found out until afterwards although he did testify that he knew her age before...IIRC I've seen something to the effect that he answered that way in the plea hearing so as to not raise the mistake of age defense. You'll note in the transcript there was a pause with an off the record discussion when asked if he knew her age at the time of the act.

Anyways...like I say...I am looking at it from a pure legal analysis and not a moral perspective.

[red-beard]

What about charging him with evasion?

[URY914]

I understand the girl's testimony is on line somewhere. It tells a chilling story.

[Dueller]

Here's part of a proof sheet from Polanski's pics. She does look young. She doesn't look frightened at this point.

[Porsche-O-Phile]

Would he be sentenced under 1970s law/sentencing guidlines or today's if he was brought back here?

[red-beard]

There is NO WAY some one could mistake that girl for 18+

[rammstein]

Originally Posted by red-beard

There is NO WAY some one could mistake that girl for 18+

He never even claimed he was mistaken. That is part of why I am so shocked with all of this. He admitted to doing it, knowing her age, everything. Yet Hollywood weirdos feel the need to defend the guy.

[widebody911]

[speeder]

Originally Posted by Dueller

Here's part of a proof sheet from Polanski's pics. She does look young. She doesn't look frightened at this point.

Of course she "doesn't look frightened". She's pleasantly buzzed and it's (just) prior to Polanski stripping naked and joining her in the jacuzi, then raping her. Where on earth did you get those photos? I've never seen them published before.

[Rot 911]

He really did bring this on himself.
In a legal filing last year, Polanski's attorneys sought to vacate the
conviction partly on the basis that the prosecutors had abandoned their
search for him. The prosecutors must have realized that there was some basis
to that allegation, because then they went into overtime trying to bring
Polanski back.
I'm telling you, double-daring the government to bring your client to
justice is an interesting approach to lawyering.

[RWebb]

interesting research Dueller, I thought this was strict liability in all states

but, he was already convicted, so he will serve that + the fugitive charges (IF the state doesn't get out-lawyered, like they did with OJ)

[Dueller]

Just discovered an interesting tidbit on procedural matters in the case. Although Polanski pled guilty to single a misdemeanor charge (according to victim's attorney), he has never been sentenced. If it is a misdemeanor he pled to and the victim is not willing to testify in the other felony matters, then the most he could get would be 1 year in county jail less time served.

The original plea deal fell apart when judge wanted to reject the plea and resurrect other felonty charges and sentence him to 50 years. Judge did say before he died he would reduce the 50 provided he was deported. But a superior Court judge had no control over deportation matters.

The fleeing may be his bigger problem. And as far as the other sex charges he has a damn good speedy trial argument/defense.

[red-beard]

Originally Posted by Dueller

The fleeing may be his bigger problem. And as far as the other sex charges he has a damn good speedy trial argument/defense.

How can he legitimately argue a speedy trial defense, when he fled the country? This makes no sense.

[speeder]

What Polanski did would have been rape if she was 30 years old. That's what bothers me the most. It would be one thing if he was boning some willing jailbait minor, (which is still way wrong at her age), that was not the case. Not even close. "No means no", this was *rape-rape* as the imbecile W. Goldberg would say.

[varmint]

some reporter finally did his homework and found polanski talking about nailing a 15 year old natassia kinsky back in 1975.

this should answer the question about him having a taste for underage girls.

[Porsche-O-Phile]

Do you have a link to that?

[m21sniper]

There is only one just punishment for Roman.

It's Cold Steel Katana time.

[varmint]

Originally Posted by Porsche-O-Phile

Do you have a link to that?

Mixed projects
In Europe, Polanski was also reported to have started a relationship with actress Nastassja Kinski when she was 15.


heard it on the radio. the guy cited another source. but i searched and found this from the bbc.

BBC NEWS | Entertainment | Roman Polanski: Film's dark prince