Roman Polanski sexual abuse case
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On March 10, 1977, then-43-year-old film director
Roman Polanski Raymond Roman Thierry Polański , group=lower-alpha, name=note_a (né Liebling; 18 August 1933) is a French-Polish film director, producer, screenwriter, and actor. He is the recipient of numerous accolades, including an Academy Award, two ...
was arrested and charged in
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
with six offenses against Samantha Gailey (now Geimer), a 13-year-old girl – unlawful sexual intercourse with a minor, rape by use of drugs, perversion,
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
, a lewd and lascivious act upon a child under 14, and furnishing a controlled substance to a minor. At his arraignment, Polanski pleaded not guilty to all charges but later accepted a plea bargain whose terms included dismissal of the five more serious charges in exchange for a guilty plea to the lesser charge of engaging in unlawful sexual intercourse with a minor. Polanski underwent a court-ordered
psychiatric evaluation Psychological evaluation is a method to assess an individual's behavior, personality, cognitive abilities, and several other domains. A common reason for a psychological evaluation is to identify psychological factors that may be inhibiting a pers ...
, and he was placed on probation. However, upon learning that he was likely to face imprisonment and subsequent
deportation Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
, Polanski became a
fugitive from justice A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also kno ...
, fleeing to London and then France in February 1978, hours before he was due to be formally sentenced. Since then Polanski has mostly lived in France and has avoided visiting any countries likely to extradite him to the United States.


Rape case

On March 10, 1977, Polanski, then aged 43, faced six charges involving drugging and raping 13-year-old Samantha Jane Gailey (now Samantha Geimer). The charges were rape by use of drugs, perversion, sodomy, lewd and lascivious act upon a child under 14, unlawful sexual intercourse with a female under the age of 18, and furnishing a controlled substance to a minor. This ultimately led to Polanski's
guilty plea In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in respons ...
to a different charge of unlawful sexual intercourse with a minor. According to Geimer's testimony to the grand jury, Polanski had asked Geimer's mother (a television actress and model) if he could photograph the girl as part of his work for the French edition of ''
Vogue Vogue may refer to: Business * ''Vogue'' (magazine), a US fashion magazine ** British ''Vogue'', a British fashion magazine ** ''Vogue Arabia'', an Arab fashion magazine ** ''Vogue Australia'', an Australian fashion magazine ** ''Vogue China'', ...
'', which Polanski had been invited to guest-edit. Her mother allowed a private photoshoot. Geimer testified that she felt uncomfortable during the first session, in which she posed topless at Polanski's request, and initially did not wish to take part in a second but nevertheless agreed to another shoot. This took place on March 10, 1977, at the home of actor
Jack Nicholson John Joseph Nicholson (born April 22, 1937) is an American retired actor and filmmaker. He is widely regarded as one of the greatest actors of all time. In many of his films, he played rebels against the social structure. He received numerous ...
in the Mulholland area of
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
. When the crime was committed, Nicholson was on a
ski A ski is a narrow strip of semi-rigid material worn underfoot to glide over snow. Substantially longer than wide and characteristically employed in pairs, skis are attached to ski boots with ski bindings, with either a free, lockable, or partia ...
trip in
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
, and his live-in girlfriend Anjelica Huston who was there had left, but later returned while Polanski and Geimer were there. Geimer was quoted in a later article as saying that Huston became suspicious of what was going on behind the closed bedroom door and began banging on it, but left when Polanski insisted they were finishing up the photoshoot. "We did photos with me drinking champagne," Geimer says. "Toward the end it got a little scary, and I realized he had other intentions and I knew I was not where I should be. I just didn't quite know how to get myself out of there." In a 2003 interview, she recalled that she began to feel uncomfortable after he asked her to lie down on a bed, and described how she attempted to resist. "I said, 'No, no. I don't want to go in there. No, I don't want to do this. No!', and then I didn't know what else to do," she stated, adding: "We were alone and I didn't know what else would happen if I made a scene. So I was just scared, and after giving some resistance, I figured well, I guess I'll get to come home after this". Geimer testified that Polanski provided champagne that they shared as well as part of a
Quaalude Methaqualone is a hypnotic sedative. It was sold under the brand names Quaalude ( ) and Sopor among others, which contained 300 mg of methaqualone, and sold as a combination drug under the brand name Mandrax, which contained 250 mg met ...
, and despite her protests, he performed oral sex upon her, had vaginal intercourse, and sodomized her, each time after being told "no" and being asked to stop. Although Geimer has insisted that the sex was non-consensual, Polanski has disputed this. Describing the event in his autobiography, Polanski stated that he did not drug Geimer, that she "wasn't unresponsive", and that she did not respond negatively when he inquired as to whether or not she was enjoying what he was doing. The 28-page probation report submitted to the court by Kenneth Fare, his parole officer, and signed by deputy Irwin Gold, excused his behavior due to his creative genius and being an immigrant from a land with different morals, placed some of the blame on the victim and her mother, and concluded by saying that there was evidence "that the victim was not only physically mature, but willing." The officers report also quoted two psychiatrists' denial of Polanski being "a pedophile" or "sexual deviant". Claiming to protect Geimer from a trial, her attorney arranged a plea bargain. Polanski accepted, and, under the terms of the agreement, the five initial charges were dismissed. Instead, Polanski pleaded guilty to the lesser charge of engaging in unlawful sexual intercourse with a minor.


Conviction and flight

Under the terms of the plea agreement, the court ordered Polanski to report to a state prison for a 90-day psychiatric evaluation, but granted a stay to allow him to complete his current project. Under the terms set by the court, he traveled to Europe to complete filming. While in Europe for the filming of the upcoming 1979 remake of ''Hurricane'', Polanski was photographed at
Oktoberfest The Oktoberfest (; bar, Wiesn, Oktobafest) is the world's largest Volksfest, featuring a beer festival and a travelling carnival. It is held annually in Munich, Bavaria, Germany. It is a 16- to 18-day folk festival running from mid- or ...
1977 with his arms on multiple young girls and jars of beer around him. He was subsequently ordered to return to California and reported to Chino State Prison for the evaluation period beginning on December 19, 1977, and was released after 42 of the 90 scheduled days. Polanski's lawyers expected that Polanski would receive
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
at the subsequent sentencing hearing, with the probation officer, examining
psychiatrist A psychiatrist is a physician who specializes in psychiatry, the branch of medicine devoted to the diagnosis, prevention, study, and treatment of mental disorders. Psychiatrists are physicians and evaluate patients to determine whether their sy ...
, and the victim all recommending against prison time. During this time, on January 20, 1978, Polanski lost his job as the director of ''Hurricane''. Polanski's attorneys said that the presiding judge, Laurence J. Rittenband, suggested to them that he would send the director to prison and order him deported. According to the 2008 documentary '' Roman Polanski: Wanted and Desired'', Los Angeles Deputy District Attorney David Wells showed Rittenband the photographs of Polanski partying in Munich with young girls, and said Polanski was being cavalier about the charges against the 13-year-old girl. This would have constituted an ''
ex parte In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all ...
'' communication, as although Wells was not an attorney of record in the case, he was technically a lawyer for one of the parties involved due to his work for the state of California. In response to the threat of imprisonment, Polanski became a
fugitive from justice A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also kno ...
, fleeing the United States and going to England. Regarding the proposed sentencing, Rittenband said: Polanski fled initially to London on February 1, 1978, where he maintained a residence. A day later he traveled on to France, where he held
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
, thus avoiding the possibility of extradition to the United States by the United Kingdom. Consistent with its
extradition treaty Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdic ...
with the US, France can refuse to extradite its own citizens, and an extradition request later filed by US officials was denied. Polanski has never returned to England and later sold his home there. The US could still request the arrest and extradition of Polanski from other countries should he visit them, and Polanski has avoided visits to countries (such as the UK) that were likely to extradite him. In 1979, Polanski gave a controversial interview with novelist Martin Amis in which, discussing his conviction, he said "If I had killed somebody, it wouldn't have had so much appeal to the press, you see? But ... fucking, you see, and the young girls. Judges want to fuck young girls. Juries want to fuck young girls. Everyone wants to fuck young girls!" In 1983, Polanski told journalist
Clive James Clive James (born Vivian Leopold James; 7 October 1939 – 24 November 2019) was an Australian critic, journalist, broadcaster, writer and lyricist who lived and worked in the United Kingdom from 1962 until his death in 2019.

Original reactions to his flight

Filmmaker
Joseph Losey Joseph Walton Losey III (; January 14, 1909 – June 22, 1984) was an American theatre and film director, producer, and screenwriter. Born in Wisconsin, he studied in Germany with Bertolt Brecht and then returned to the United States. Blackliste ...
(who exiled himself to the UK after being blacklisted by
HUAC The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
) responded to Polanski's flight by saying "I have not contacted him – and I'm not going to." Actor
Robert Stack Robert Stack (born Charles Langford Modini Stack; January 13, 1919 – May 14, 2003) was an American actor. Known for his deep voice and commanding presence, he appeared in over forty feature films. He starred in the highly successful ABC tele ...
called his flight "a coward's way out", and then added "the ranks are closing in on him".


Post-conviction

Geimer sued Polanski in 1988, alleging sexual assault, intentional infliction of emotional distress and seduction. The case was settled out of court in 1993. After Polanski missed an October 1995 payment deadline, Geimer filed papers with the court, attempting to collect at least US$500,000. The court held that Polanski still owed her over $600,000, but it was unclear as of 2009 if this had since been paid. In a 2003 interview, Geimer said, "Straight up, what he did to me was wrong. But I wish he would return to America so the whole ordeal can be put to rest for both of us. I'm sure if he could go back, he wouldn't do it again. He made a terrible mistake but he's paid for it." In 2008, Geimer stated in an interview that she wishes Polanski would be forgiven; "I think he's sorry, I think he knows it was wrong. I don't think he's a danger to society. I don't think he needs to be locked up forever and no one has ever come out ever – besides me – and accused him of anything. It was 30 years ago now. It's an unpleasant memory ... (but) I can live with it." In 2008, a documentary film of the aftermath of the incident, '' Roman Polanski: Wanted and Desired'', premiered at the
Sundance Film Festival The Sundance Film Festival (formerly Utah/US Film Festival, then US Film and Video Festival) is an annual film festival organized by the Sundance Institute. It is the largest independent film festival in the United States, with more than 46,66 ...
. Following review of the film, Polanski's attorney, Douglas Dalton, contacted the Los Angeles district attorney's office about prosecutor David Wells' conversation with the trial judge, Laurence J. Rittenband. Based on statements by Wells included in the film, Polanski and Dalton sought judicial review of whether Wells acted illegally and engaged in malfeasance by interfering with the operation of the trial. However, after Polanski's arrest, Wells recanted his statements in the film, admitting that he had lied and "tried to butter up the story to make me look better". In December 2008, Polanski's lawyer filed a request to Judge David S. Wesley to have the case dismissed on the grounds of judicial and prosecutorial misconduct. The filing claims that Judge Rittenband (deceased in 1993) violated the plea bargain by keeping in communication about the case with deputy district attorney David Wells, who was not involved. In January 2009, Polanski's lawyer filed a further request to have the case dismissed, and to have the case moved out of Los Angeles, as the Los Angeles courts require him to appear before the court for any sentencing or dismissal, and Polanski did not intend to appear. In February 2009, Polanski's request was tentatively denied by Judge Peter Espinoza, who said that he would make a ruling if Polanski appeared in court. The same month, Samantha Geimer filed to have the charges against Polanski dismissed from court, saying that decades of publicity as well as the prosecutor's focus on lurid details continues to traumatize her and her family. Judge Espinoza also stated that he believed there was misconduct by the judge in the original case but Polanski must return to the United States to apply for dismissal. There is no
statute of limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In m ...
governing the case because Polanski had already been charged and pleaded guilty in 1978 to having had unlawful sex with a minor. While some legal experts interviewed in 2009 thought he might at that point face no jail time for unlawful sex with a minor, his
failure to appear A "failure to appear" (FTA) occurs when a defendant or respondent does not come before a tribunal as directed in a summons. FTAs are also known as "bail jumping." In the United States, FTAs are punishable by fines, incarceration, or both when com ...
at sentencing is in itself a crime. On July 7, 2009, Polanski's attorneys filed a petition for a writ of mandate (the California equivalent of a writ of ''
mandamus (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from ...
'') with the Second Appellate District of the
California Court of Appeal The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts.
in order to seek review of Judge Espinoza's decision on an expedited basis.Docket for Case Number B217290
California Courts Appellate Case Information System.
The next day, the Court ordered the prosecution to file an opposition, thus indicating that it was assuming jurisdiction over the case. This was unusual; petitions for extraordinary writs are usually summarily denied without any explanation.


Arrest in Zurich

On September 26, 2009, Polanski was detained by Swiss police at
Zurich Airport Zürich Airport (), french: Aéroport de Zurich, it, Aeroporto di Zurigo, rm, Eroport da Turitg is the largest international airport of Switzerland and the airline hub, principal hub of Swiss International Air Lines. It serves Zürich, Switze ...
while trying to enter
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, in relation to his outstanding 1978 U.S.
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a j ...
. Polanski had planned to attend the
Zurich Film Festival Zurich Film Festival (ZFF) is an annual film festival that has been held in Zürich, Switzerland, since 2005. The festival's main focus is to promote emerging filmmakers from all over the world. In three competition categories only first, second ...
to receive a Lifetime Achievement Award. The arrest followed a request by the United States that Switzerland apprehend Polanski. U.S. investigators had learned of his planned trip from a fax sent on September 22, 2009, from the Swiss Justice Ministry to the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
's Office of International Affairs, which had given them enough time to negotiate with Swiss authorities and lay the groundwork for an arrest. Polanski had been subject of an
Interpol red notice An Interpol notice is an international alert circulated by Interpol to communicate information about crimes, criminals, and threats by police in a member state (or an authorised international entity) to their counterparts around the world. The in ...
at the request of the United States since 2005. The Swiss
Federal Department of Justice and Police The Federal Department of Justice and Police (german: Eidgenössisches Justiz- und Polizeidepartement, french: Département fédéral de justice et police, it, Dipartimento federale di giustizia e polizia, rm, ) is one of the seven departmen ...
said Polanski was put "in provisional detention". An arrest warrant or extradition to the United States could be subject to
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
by the Federal Criminal Court and then the Federal Supreme Court, according to a ministry spokesman. Polanski announced that he intended to appeal extradition and hired lawyer Lorenz Erni to represent him. On October 6, his initial request for bail was refused by the Federal Department of Justice and Police; a spokesperson commented, "we continue to be of the opinion that there is a high risk of flight." On May 2, 2010, Polanski published an
open letter An open letter is a letter that is intended to be read by a wide audience, or a letter intended for an individual, but that is nonetheless widely distributed intentionally. Open letters usually take the form of a letter addressed to an indiv ...
entitled "I can remain silent no longer!" on
Bernard-Henri Lévy Bernard-Henri Lévy (; ; born 5 November 1948) is a French public intellectual. Often referred to in France simply as BHL, he was one of the leaders of the " Nouveaux Philosophes" (New Philosophers) movement in 1976. His opinions, political acti ...
's web site. In it, he stated that on February 26, 2010, Roger Gunson (the deputy district attorney in charge of the case in 1977, retired by the time of the letter) testified under oath before Judge Mary Lou Villar in the presence of David Walgren (the present deputy district attorney in charge of the case, who was at liberty to contradict and question Gunson) that on September 16, 1977, Judge Rittenband stated to all the parties concerned that Polanski's term of imprisonment in Chino constituted the totality of the sentence he would have to serve. Polanski also stated that Gunson added that it was false to claim (as the present district attorney's office does in their request for his extradition) that the time he spent in Chino was for the purpose of a diagnostic study. On July 12, 2010, the Swiss court rejected the U.S. request and released Polanski from custody.


Reactions to the arrest

In reaction to the arrest, the foreign ministers of both France and Poland urged Switzerland to release Polanski, who holds
dual citizenship Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on ...
of both countries, but subsequently withdrew their support for Polanski.


France

The arrest provoked particular controversy in France, where over the years many had downplayed the severity of Polanski's crime, highlighting instead his achievements as a film director and the many years that had passed since his flight from the United States. The French minister of Culture and Communication,
Frédéric Mitterrand Frédéric Mitterrand (born 21 August 1947) is a French politician who served as Minister of Culture and Communication of France from 2009 to 2012 under President Nicolas Sarkozy. Throughout his career, he has been an actor, screenwriter, tele ...
, was vehement in his support, all the while announcing his "very deep emotion" after the questioning of the director, "a French citizen" and "a film-maker of international dimension": "the sight of him thrown to the lions for an old story which doesn't make much sense, imprisoned while traveling to an event that was intending to honor him: caught, in short, in a trap, is absolutely dreadful." These reactions resulted in political backlash in France.
Daniel Cohn-Bendit Daniel Marc Cohn-Bendit (; ; born 4 April 1945) is a French-German politician of Jewish descent. He was a student leader during the unrest of May 1968 in France and was also known during that time as ''Dany le Rouge'' (French for "Danny the Red" ...
criticized these statements by Mitterrand, mainly on the grounds that it was a "matter of justice" in as much as "a 13-year-old girl was raped", adding "I believe that a minister of Culture, even if his name is Mitterrand, should say: I'll wait and read the files yself. "It is a tough call, since it is true that a 13-year-old girl was raped, that she said in her own words 'I complained s it was happening and that she afterwards added 'I accepted a large sum of money' o remain silent. Marc Laffineur, vice president of the
French National Assembly The National Assembly (french: link=no, italics=set, Assemblée nationale; ) is the lower house of the bicameral French Parliament under the Fifth Republic, the upper house being the Senate (). The National Assembly's legislators are known a ...
and a member of President Nicolas Sarkozy's center-right party, criticized government ministers for rushing to judgment, saying the charges against Polanski should not be minimized. Marine Le Pen, from the National Front, during a TV talk show on how to prevent sex crime
recidivism Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...
, criticized Mitterrand for his support of Polanski. She recalled that in 2005, Mitterrand had published the book ''
The Bad Life ''The Bad Life'' (french: La Mauvaise Vie) is a 2005 French novel by Frédéric Mitterrand, the Minister of Culture and Communication of France. The novel is partly autobiographical but fictionalized to a certain extent. The novel has been prais ...
'' in which he wrote about having sex with male prostitutes in Thailand. In the book, Mitterrand was quoted, "I got into the habit of paying for boys ... All these rituals of the market for youths, the slave market excite me enormously. One could judge this abominable spectacle from a moral standpoint but it pleases me beyond the reasonable." Le Pen called for Mitterrand to resign. The
SACD Super Audio CD (SACD) is an optical disc format for audio storage introduced in 1999. It was developed jointly by Sony and Philips, Philips Electronics and intended to be the successor to the Compact Disc (CD) format. The SACD format allows mul ...
, a society that collects authorship fees for film and theater works and redistributes them to authors, hosted an international petition in favor of Polanski. The petition stated: A number of celebrities, most of them French, expressed their support for Polanski by means of a public manifesto, whose concluding statements were "Roman Polanski is a French citizen, an artist of international reputation, now threatened to be extradited. This extradition, if brought into effect, would carry a heavy load of consequences as well as deprive the film-maker of his freedom." The signatories concluded: "we demand the immediate release of Roman Polanski." Not all assessments coming from the French film-making mainstream have been openly partisan, however.
Luc Besson Luc Paul Maurice Besson (; born 18 March 1959) is a French film director, screenwriter and producer. He directed or produced the films ''Subway'' (1985), '' The Big Blue'' (1988), and '' La Femme Nikita'' (1990). Besson is associated with the ' ...
, for instance, remarked: "I do not know the history of the trial. ... I feel a lot of affection for olanski he's a man I really like and I know him a bit, our daughters are very good friends but there is one justice, ndit is the same for everyone". On September 30, 2009, the French government dropped its public support for Polanski, on the grounds that he was not "above the law". Government spokesman
Luc Chatel Luc-Marie Chatel () (born on 15 August 1964 in Bethesda, Maryland, USA) is a French politician of the Republicans (LR) who served as Minister of National Education in the government of Prime Minister François Fillon from June 2009 to May 20 ...
said: "We have a judicial procedure under way, for a serious affair, the rape of a minor, on which the American and Swiss legal systems are doing their job", adding: "One can understand the emotion that this belated arrest, more than 30 years after the incident, and the method of the arrest, have caused." Public opinion polls in France consistently show between 65% and 75% of the population want to see Polanski extradited to the United States.


Poland

Poland's Prime Minister
Donald Tusk Donald Franciszek Tusk ( , ; born 22 April 1957) is a Polish politician who was President of the European Council from 2014 to 2019. He served as the 14th Prime Minister of Poland from 2007 to 2014 and was a co-founder and leader of the Civic ...
responded to early reactions by urging his cabinet ministers to exercise calm and reminding them that it is a "case of rape and of punishment for having sex with a child". A 2009 opinion poll showed that more than 75% of Poles would not like to see Polanski escape another trial.


Switzerland

In Switzerland, the arrest caused widely varying reactions in the media and in politics, while the Swiss minister of justice,
Eveline Widmer-Schlumpf Eveline Widmer-Schlumpf (born 16 March 1956) is a Swiss politician and lawyer who served as a Member of the Swiss Federal Council from 2008 to 2015. A member of the Swiss People's Party (SVP/UDC) until 2008, she has since then been a member of t ...
, defended the arrest as legally required under the Swiss–U.S. extradition treaty and as a matter of
equality before the law Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic ru ...
.


United States

When asked if he would consider granting Polanski a
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
, then-California Governor
Arnold Schwarzenegger Arnold Alois Schwarzenegger (born July 30, 1947) is an Austrian and American actor, film producer, businessman, retired professional bodybuilder and politician who served as the 38th governor of California between 2003 and 2011. ''Time'' ...
said: "I think that he is a very respected person and I am a big admirer of his work. But, nevertheless, I think he should be treated like everyone else. It doesn't matter if you are a big-time movie actor or a big-time movie director or producer." Schwarzenegger added: "And one should look into all of the allegations, not only his allegations, but the allegations about his case. Was there something done wrong? You know, was injustice done in the case?" More than 100 people in the film industry, including
Woody Allen Heywood "Woody" Allen (born Allan Stewart Konigsberg; November 30, 1935) is an American film director, writer, actor, and comedian whose career spans more than six decades and multiple Academy Award-winning films. He began his career writing ...
,
Martin Scorsese Martin Charles Scorsese ( , ; born November 17, 1942) is an American film director, producer, screenwriter and actor. Scorsese emerged as one of the major figures of the New Hollywood era. He is the recipient of List of awards and nominatio ...
,
Darren Aronofsky Darren Aronofsky (born February 12, 1969) is an American film director, producer, and screenwriter. His films are noted for their surrealistic, melodramatic, and sometimes disturbing elements, often in the form of psychological fiction. Arono ...
,
David Lynch David Keith Lynch (born January 20, 1946) is an American filmmaker, visual artist and actor. A recipient of an Academy Honorary Award in 2019, Lynch has received three Academy Award nominations for Best Director, and the César Award for Be ...
,
Wes Anderson Wesley Wales Anderson (born May 1, 1969) is an American filmmaker. His films are known for their eccentricity and unique visual and narrative styles. They often contain themes of grief, loss of innocence, and dysfunctional families. Cited by ...
,
Harrison Ford Harrison Ford (born July 13, 1942) is an American actor. His films have grossed more than $5.4billion in North America and more than $9.3billion worldwide, making him the seventh-highest-grossing actor in North America. He is the recipient o ...
,
Harmony Korine Harmony Korine (born January 4, 1973, some sources report September 1, 1974)
" Retrieved on 2009-10-26.
is an Ame ...
,
Michael Mann Michael Kenneth Mann (born February 5, 1943) is an American director, screenwriter, and producer of film and television who is best known for his distinctive style of crime drama. His most acclaimed works include the films ''Thief'' (1981), ' ...
, and Jonathan Demme, among many others signed a petition in 2009 calling for Polanski's release. A subsequent petition the following year was signed by
Jean-Luc Godard Jean-Luc Godard ( , ; ; 3 December 193013 September 2022) was a French-Swiss film director, screenwriter, and film critic. He rose to prominence as a pioneer of the French New Wave film movement of the 1960s, alongside such filmmakers as Fran ...
,
Mathieu Amalric Mathieu Amalric (; born 25 October 1965) is a French actor and filmmaker. He is best known internationally for his roles in the James Bond film '' Quantum of Solace'', in which he played the lead villain, Steven Spielberg's ''Munich'', Wes An ...
,
Xavier Beauvois Xavier Beauvois (; born 20 March 1967) is a French actor, film director and screenwriter. Career His film ''Don't Forget You're Going to Die'' was entered into the 1995 Cannes Film Festival where it won the Jury Prize. His film '' Of Gods an ...
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and Cristi Puiu; Olivier Assayas and
Louis Garrel Louis Garrel (born 14 June 1983) is a French actor and filmmaker. He is best known for his starring role in '' The Dreamers'', directed by Bernardo Bertolucci.
also signed both petitions. Emma Thompson originally signed the first petition, but later asked for her name to be removed after a conversation with 19-year-old college student and activist Caitlin Hayward-Tapp. Other celebrities like
Meryl Streep Mary Louise Meryl Streep (born June 22, 1949) is an American actress. Often described as "the best actress of her generation", Streep is particularly known for her versatility and accent adaptability. She has received numerous accolades throu ...
,
Whoopi Goldberg Caryn Elaine Johnson (born November 13, 1955), known professionally as Whoopi Goldberg (), is an American actor, comedian, author, and television personality.Kuchwara, Michael (AP Drama Writer)"Whoopi Goldberg: A One-Woman Character Parade". ' ...
and
Debra Winger Debra Lynn Wingerhttps://www.pressreader.com/usa/closer-weekly/20200511/282084868951188https://www.discountmags.com/magazine/closer-weekly-may-11-2020-digital/in-this-issue/99961 (born May 16, 1955)https://www.google.co.uk/books/edition/The_Inter ...
did not sign either petition, but spoke out in support of Polanski in other ways.
Harvey Weinstein Harvey Weinstein (; born March 19, 1952) is an American former film producer and convicted sex offender. He and his brother, Bob Weinstein, co-founded the entertainment company Miramax, which produced several successful independent films includ ...
also defended Polanski. However, in 2018,
Natalie Portman Natalie Portman (born Natalie Hershlag, he, נטע-לי הרשלג, ) is an Israeli-born American actress. She has had a prolific film career since her teenage years and has starred in various blockbusters and independent films, receiving mu ...
,
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and
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expressed regret and apologized for signing the original petition. Whereas a number of those in Hollywood have rallied behind Polanski, ''
The Los Angeles Times ''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the m ...
'' reports that most others in the United States seem to have a different perspective: "In letters to the editor, comments on Internet blogs and remarks on talk radio and cable news channels, the national sentiment is running overwhelmingly against Polanski." Following the rearrest, David Wells announced that he had lied in the '' Wanted and Desired'' documentary, claiming that director Marina Zenovich told him that the documentary would not air in America, if he refused to lie in it (which Zenovich denied). Wells then proceeded to blast Polanski, calling him a pedophile rapist. Wells said "It's outrageous. This pedophile raped a 13-year-old girl. It's still an outrageous offense. It's a good thing he was arrested. I wish it would have happened years before." In May 2018, Polanski was expelled from the Academy of Motion Picture Arts and Sciences. The Academy stated: "The board continues to encourage ethical standards that require members to uphold the academy's values of respect for human dignity." Polanski's legal team responded to the dismissal by threatening a lawsuit stating the Academy had violated its code of conduct. The Academy responded to Polanski's lawyers by stating: "The Board of Governors retains its independent duty and authority as outlined in the bylaws to address and take action on any matter, whether submitted by the process outlined above or not, related to a member's status and to enforce the Academy's Standards of Conduct." Polanski's wife Emmanuelle Seigner turned down an invitation to join the Academy in support.


Outcome

On September 30, 2009, ''New York Times'' reported that Reid Weingarten of the firm Steptoe & Johnson, a well-known criminal defense lawyer, had been hired by Polanski for his defense along with attorneys Douglas Dalton, Bart Dalton, and Chad Hummel. According to the ''New York Times'': On October 21, after Swiss authorities had rejected Polanski's initial pleas to be released on bail pending the result of any extradition hearing, one of his lawyers, Georges Kiejman, floated the idea of a possible voluntary return to the United States in an interview with the radio station Europe 1: "If this process drags on, it is not completely impossible that Roman Polanski could choose to go finally to explain himself in the United States where the arguments in his favor exist." On November 25, the Federal Criminal Court of Switzerland accepted Roman Polanski's plea to be freed on US$4.5Million, M bail. The court said Polanski could stay at his chalet in the Swiss Alps and that he would be monitored by an electronic tag during his house arrest. On December 10, Division 7 of the California Court of Appeal of the Second Appellate District heard oral argument on Polanski's petition for writ of mandate. Television stations including CNN, France 2 and TVN24 also filed applications to cover the hearing. The Court denied Polanski's petition in an opinion filed on December 24. The Court reasoned that since Polanski had adequate legal remedies in 1977 and at present in 2009, there was no reason to carve out a special exception to the fugitive disentitlement doctrine. In arriving at that holding, the Court pointed out that neither side had realized that Polanski had the option of simply asking to be sentenced ''trial in absentia, in absentia'', which would result in a hearing where Polanski could directly attack the trial judge's alleged malfeasance in 1977. On January 6, 2010, upon Remand (court procedure), remand to the superior court, Polanski's lawyers followed the appellate court's advice and presented a notarized letter from Polanski in which he asked to be sentenced ''in absentia''. The court asked the parties to brief the issue and scheduled a hearing for January 25. At the hearing, Superior Court Judge Peter Espinoza ruled Polanski must be present in court for sentencing. On July 12, 2010, the Swiss authorities announced that they would not extradite Polanski to the U.S. in part due to a fault in the American request for extradition. Polanski was no longer subject to electronic tagging, house arrest, or any monitoring by Swiss authorities. In a press conference held by Swiss Justice Minister
Eveline Widmer-Schlumpf Eveline Widmer-Schlumpf (born 16 March 1956) is a Swiss politician and lawyer who served as a Member of the Swiss Federal Council from 2008 to 2015. A member of the Swiss People's Party (SVP/UDC) until 2008, she has since then been a member of t ...
, she stated that Polanski's extradition to the U.S. was rejected, in part, because U.S. officials failed to produce certain documents, specifically "confidential testimony from a January 2010 hearing on Mr. Polanski's original sentencing agreement". According to Swiss officials, the records were required to determine if Polanski's 42-day court-ordered psychiatric evaluation at Chino State Prison constituted Polanski's whole sentence according to the now-deceased Judge Rittenband. They reasoned that if this was the correct understanding, then "Roman Polanski would actually have already served his sentence and therefore both the proceedings on which the U.S. extradition request is founded and the request itself would have no foundation."


Legal actions

In 2013, Samantha Geimer published her view on the rape in her autobiography ''The Girl: A Life in the Shadow of Roman Polanski''. In late October 2014, Polanski was questioned by prosecutors in Kraków, and released. Back in 2010 the Polish prosecutor general stated that under Polish law too much time had passed since the crime for Polanski to be extradited. On February 25, 2015, Polanski appeared in a Polish court for a hearing on the U.S. request for extradition. The judge scheduled another hearing to be held in April or sooner, to give time to review documents that arrived from Switzerland. On October 30, 2015, Polish judge Dariusz Mazur denied a request by the United States to extradite Polanski. According to the judge, allowing Polanski to be returned to American law enforcement would be an "obviously unlawful" act, depriving the filmmaker of his freedom and civil liberty. His lawyers argued that extradition would violate the European Convention on Human Rights. Polanski holds dual citizenship with Poland and France. On November 27, 2015, Poland decided it will not extradite Polanski to the U.S. after prosecutors declined to challenge the court's ruling, agreeing that Polanski had served his punishment and did not need to face a U.S. court again. Preparations for a movie he was working on had been stalled by the extradition request from last year. On December 6, 2016, the Supreme Court of Poland ruled to reject an appeal filed by Polish Ministry of Justice (Poland), Minister of Justice Zbigniew Ziobro, Ziobro, and to uphold the October 2015 ruling. On August 17, 2017, California superior courts, Los Angeles County Superior Court Judge Scott Gordon rejected a request from Samantha Geimer to dismiss the case against Polanski. In December 2017, Polanski filed a Israeli new shekel, ₪1.5 million suit in Herzliya Magistrates' Court against Israeli journalist and filmmaker Matan Uziel. Polanski maintained that Uziel, through his website, www.imetpolanski.com, falsely reported that five women had come forward to accuse him of raping them. Polanski was suing for libel and defamation of character. Herzliya Magistrates' Court rejected Polanski's request to be exempt from appearing in court after filing the libel suit. While Polanski gave various reasons for his inability to appear, the presiding judge, Gilad Hess, dismissed these one by one and ordered Polanski to pay Uziel Israeli new shekel, ₪10,000 in costs. In November 2018, it was published that Polanski decided to drop the lawsuit, and was ordered by the court to pay Uziel ₪30,000 (US$8,000) for court costs. The court accepted Uziel's request that the suit not be dropped, but rather that it be rejected, making Polanski unable to sue Uziel again over the same issue in the future.


Further reading

*


See also

* Charlotte Lewis#Accusation against Roman Polanski, Charlotte Lewis § Accusation against Roman Polanski


References


External links


1977 Polanski Plea Transcript
– Contains additional links to grand jury testimony and probation officer's report
37 Page Grand Jury Testimony of Samantha Gailey Implicating Polanski

Roman Polanski Rape Victim Unveils Startling, Disturbing Photo for Book Cover (Exclusive)
{{DEFAULTSORT:Polanski, Roman March 1977 events in the United States 2009 in Switzerland Roman Polanski Sexual assaults in the United States Sexual misconduct allegations de:Roman Polański#Vorwurf der Vergewaltigung es:Roman Polański#Samantha Geimer