[6 articles]

Director Roman Polanski faces months in Swiss prison

http://www.wsws.org/articles/2009/sep2009/pola-s30.shtml

By Hiram Lee
30 September 2009

Filmmaker Roman Polanski could spend months in a Zürich, Switzerland 
prison following his September 26 arrest by Swiss authorities at the 
behest of the United States government.

The director was taken into custody upon his arrival in Switzerland, 
where he was to receive a lifetime achievement award at the Zürich 
film festival. The arrest was made on the basis of a request by the 
US Justice Department, which wants Polanski extradited to the US to 
answer for charges stemming from a 1977 incident which led to the 
director pleading guilty to unlawful sex with a minor. Polanski fled 
the US in 1978 when it appeared the judge presiding over the case 
intended to throw out a plea bargain and sentence Polanski to a 
lengthy prison term.

Attorneys for Polanski have acted swiftly to request the release of 
their client. The Swiss Federal Criminal Court released a statement 
in response to their request, saying simply, "A decision will be made 
in the course of the coming weeks." Swiss legal experts say the 
release of Polanski on bail or to house arrest is unlikely. A 
spokesperson for the Swiss Justice Ministry told the media, "Up to 
now there has never been a case of house arrest in such a situation."

The United States has sixty days in which to file a formal 
extradition request. Should that time elapse without a request, 
Polanski must be set free, though this outcome doesn't seem likely. 
He will likely remain in prison in Switzerland, possibly for months, 
until the US Justice Department takes steps to return him to the US. 
Even were Polanski to be set free in the event that no extradition 
request was filed, he could be rearrested and the US would have 
another opportunity to file an extradition request.

The arrest of Polanski has drawn protests from an international 
community of filmmakers. A petition initiated by the Société des 
Auteurs et Compositeurs Dramatiques (SACD), an organization 
representing filmmakers in France, which demands the "immediate 
release" of Polanski, has been signed by a number of prominent 
artists including Martin Scorsese, Woody Allen, Bertrand Tavernier, 
Michael Mann, Wes Anderson, David Lynch, Costa-Gavras, Wim Wenders 
and Marco Bellocchio. More than 100 filmmakers have signed the 
petition as of this writing.

Additionally, the jury presiding over the Zürich film festival has 
released its own statement condemning the actions of US and Swiss 
authorities, saying the festival has "been exploited in an unfair fashion."

In an interview with the Hollywood Reporter, festival jury member 
Henning Molfenter declared his intention to boycott the festival, 
saying "There is no way I'd go to Switzerland now. You can't watch 
films knowing Roman Polanski is sitting in a cell 5 km away."

While the arrest of Polanski seems both sudden and arbitrary, a 
number of those protesting the incident have pointed to recent 
relations between the US and Switzerland to provide a context.

The US has placed increasing pressure on the Swiss government and the 
Swiss bank UBS to reveal the names of American tax evaders believed 
to be hiding funds in confidential bank accounts in Switzerland. A 
deal between UBS and the United States Internal Revenue Service was 
reached in July, in which the bank agreed to turn over the names of 
52,000 of its American clients. The decision would seem to violate 
banking confidentiality laws that have been on the books since 1934 
in Switzerland.

The official story that the arrest was made because this was the 
first time US authorities knew exactly where to find Polanski is not 
credible. Polanski is a world famous Academy Award-winning film 
director who has hardly been hiding in the shadows since 1978. He has 
a home in Gstaad, Switzerland and could have been taken into custody 
at any point during the past several years.

The Swiss government's willingness to cooperate with the United 
States' pursuit of Polanski appears to be an attempt to curry favor 
with Washington, perhaps to reduce the pressure on UBS.

Any claims by either the US or Swiss governments that justice is 
being served with the arrest of Polanski should be rejected. The 
76-year-old artist is clearly not a threat to anyone. Since his 
flight from the US in 1978, Polanski has raised a family and 
continued his filmmaking career, winning an Academy Award in 2002 for 
his direction of The Pianist, a remarkable work based on the life of 
classical pianist Wladyslaw Szpilman, who, like Polanski himself, was 
a survivor of the Holocaust.

There is no social good that can come from Polanski's arrest, nor 
does the US Justice Department represent the interests of the victim 
in the 1978 trial. Samantha Geimer, the minor at the center of that 
trial, now in her 40s, has asked that charges against Polanski be 
dropped and that the US government's pursuit of the director come to an end.

--------

Roman Polanski Has a Lot of Friends

http://www.thenation.com/blogs/anotherthing/479379/roman_polanski_has_a_lot_of_friends?rel=emailNation

by Katha Pollitt
10/01/2009

If a rapist escapes justice for long enough, should the world hand 
him a get-out-of-jail-free card? If you're Roman Polanski, 
world-famous director, a lot of famous and gifted people think the 
answer is yes. Polanski, who drugged and anally raped a 
thirteen-year-old girl in 1977 in Los Angeles, pled guilty to the 
lesser charge of unlawful sex with a minor and fled to Europe before 
sentencing. Now, 32 years later, he's been arrested in Switzerland on 
his way to the Zurich film Festival, prompting outrage from 
international culture stars: Salman Rushdie, Milan Kundera, Martin 
Scorsese, Pedro Almodavar, Woody Allen (insert your own joke here), 
Isabelle Huppert, Diane von Furstenberg and many, many more. 
Bernard-Henri Levy, who's taken a leading role in rounding up 
support, has said that Polanski "perhaps had committed a youthful 
error " (he was 43). Debra Winger, president of the Zurich Film 
Festival jury, wearing a red "Free Polanski" badge, called the Swiss 
authorities action "philistine collusion." Frederic Mitterand, the 
French cultural minister, said it showed "the scary side of America" 
and described Polanski as "thrown to the lions because of ancient 
history." French foreign minister Bernard Kouchner, co-founder of 
Doctors Without Borders, called the whole thing "sinister."

Closer to home, Whoopi Goldberg explained on The View that his crime 
wasn't 'rape rape,' just, you know, rape. Oh, that! Conservative 
columnist Anne Applebaum minimized the crime in the Washington Post. 
First, she overlooks the true nature of the crime (drugs, forced anal 
sex, etc), and then claims "there is evidence Polanski did not know 
her real age." Talk about a desperate argument. Polanski, who went on 
to have an affair with 15-year old Nastassja Kinski, has spoken 
frankly of his taste for very young girls. (Nation editor-in-chief 
Katrina vanden Heuvel, who tweeted her surprise at finding herself on 
the same side as Applebaum, has had second thoughts: "I disavow my 
original tweet supporting Applebaum. I believe that Polanski should 
not receive special treatment. Question now is how best to ensure 
that justice is served. Should he return to serve time? Are there 
other ways of seeing that justice is served? At same time, I believe 
that prosecutorial misconduct in this case should be investigated.") 
On the New York Times op-ed page, schlock novelist Robert Harris 
celebrated his great friendship with Polanski, who has just finished 
filming one of Harris' books: "His past did not bother me." This 
tells us something about Harris' nonchalant view of sex crimes, but 
why is it an argument about what should happen in Polanski's legal case?

I just don't get this. I understand that Polanski has had numerous 
tragedies in his life, that he's made some terrific movies, that he's 
76, that a 2008 documentary raised questions about the fairness of 
the judge (see Bill Wyman in Salon, though, for a persuasive 
dismantling of its case.). I also understand that his victim, now 44, 
says she has forgiven Polanski and wants the case to be dropped 
because every time it comes up she is dragged through the mud all 
over again. Certainly that is what is happening now. On the 
Huffington Post, Polanski fan Joan Z. Shore, who describes herself as 
co-founder of Women Overseas for Equality (Belgium), writes: " The 
13-year-old model 'seduced' by Polanski had been thrust onto him by 
her mother, who wanted her in the movies. The girl was just a few 
weeks short of her 14th birthday, which was the age of consent in 
California. (It's probably 13 by now!)." Actually, in 1977 the age of 
consent in California was 16. Today it's 18, with exceptions for sex 
when one person is underage and the other is no more than three years 
older. Shore's view--that Polanski was the victim of a nymphet and 
her scheming mother--is all over the internet.

Fact: What happened was not some gray, vague he said/she said 
Katie-Roiphe-style "bad sex." A 43-year-old man got a 13-year-old 
girl alone, got her drunk, gave her a quaalude, and, after checking 
the date of her period, anally raped her, twice, while she protested; 
she submitted, she told the grand jury "because I was afraid." Those 
facts are not in dispute--except by Polanski, who has pooh-poohed the 
whole business many times (You can read the grand jury transcripts 
here.) He was allowed to plead guilty to a lesser charge, like many 
accused rapists, to spare the victim the trauma of a trial and media 
hoopla. But that doesn't mean we should all pretend that what 
happened was some free-spirited Bohemian mix-up. The victim took 
years to recover.

Fact: In February 2008, LA Superior Court Judge Peter Espinosa ruled 
that Polanski can challenge his conviction. All he has to do is come 
to the United States and subject himself to the rule of law. Why is 
that unfair? Were he not a world-famous director with boatloads of 
powerful friends, but just a regular convicted sex criminal who had 
fled abroad, would anyone think it was asking too much that he should 
go through the same formal process as anyone else?

It's enraging that literary superstars who go on and on about human 
dignity, and human rights, and even women's rights (at least when the 
women are Muslim) either don't see what Polanski did as rape, or 
don't care, because he is, after all, Polanski--an artist like 
themselves. That some of his defenders are women is particularly 
disappointing. Don't they see how they are signing on to arguments 
that blame the victim, minimize rape, and bend over backwards to 
exonerate the perpetrator? Error of youth, might have mistaken her 
age, teen slut, stage mother--is that what we want people to think 
when middle-aged men prey on ninth-graders?

The widespread support for Polanski shows the liberal cultural elite 
at its preening, fatuous worst. They may make great movies, write 
great books, and design beautiful things, they may have lots of noble 
humanitarian ideas and care, in the abstract, about all the right 
principles: equality under the law, for example. But in this case, 
they're just the white culture-class counterpart of hip-hop fans who 
stood by R. Kelly and Chris Brown and of sports fans who 
automatically support their favorite athletes when they're accused of 
beating their wives and raping hotel workers.

No wonder Middle America hates them.

--------

Bring Polanski to Justice

http://www.truthdig.com/report/item/20090929_bring_polanski_to_justice/

Sep 29, 2009
By Eugene Robinson

Editor's note: For a different take, check out the HBO documentary 
"Roman Polanski: Wanted and Desired."

Hasn't Roman Polanski suffered enough? Didn't he endure all those 
cool, gray, rainy Paris winters? Wasn't he forced­well, not forced, 
but strongly enticed­to subsist all those years on overpriced fare 
served up by haughty waiters in Michelin-starred restaurants? Didn't 
he survive for decades having his vacation options limited, 
essentially, to the grim monotony of the south of France?

I've got a better question: Shouldn't Polanski and his many 
apologists give us a break?

I'm a huge fan of Polanski's work. "Chinatown" is one of my favorite 
movies of all time, "Rosemary's Baby" is a masterpiece, and he richly 
deserved the Oscar he won as best director for "The Pianist." He's a 
great artist. Maybe his next film will be a prison movie.

Brilliant auteur or no, Polanski has been a fugitive from U.S. 
justice since 1978. And there was certainly no artistic merit in the 
crime he acknowledged committing: During a photo shoot at the Los 
Angeles home of his friend and "Chinatown" star Jack Nicholson, 
Polanski plied a 13-year-old girl with champagne and drugs and had 
sex with her.

That is grotesque. In general, I agree with the European view that 
Americans tend to be prudish and hypocritical about sex. But a grown 
man drugging and raping a 13-year-old girl? That's not remotely a 
close call. It's wrong in any moral universe­and deserves harsher 
punishment than three decades of gilded exile.

Polanski went on the lam after pleading guilty to the crime. He had a 
deal with prosecutors under which he would essentially walk out of 
the courtroom a free man­he had spent 42 days in prison undergoing 
psychiatric evaluation, and the arrangement was that he would be 
sentenced to time served. But Polanski got wind that the judge in the 
case, said to be something of a publicity hound, was going to refuse 
to honor the plea bargain and instead impose a prison term. So the 
director skipped town and surfaced in France, where authorities ruled 
that his crime wasn't covered by extradition treaties with the United States.

He was arrested Sunday in Zurich, where he had traveled to accept an 
award­and where the extradition treaty does cover his crime. Assuming 
that Polanski puts up a legal fight, it could be months or even years 
before he is sent back to the United States.

The Justice Department was right to have Polanski nabbed at the 
Zurich airport and should pursue the case to the end. We've waited 
this long; we can wait a little longer.

Polanski has dual French-Polish citizenship, and officials in Paris 
and Warsaw are outraged. Which makes me outraged. What's their beef? 
That Polanski is 76? That he makes great movies? That he only fled to 
escape what might well have been an unjust sentence? Sorry, mes amis, 
but none of this matters. If you decide to become a fugitive, you 
accept the risk that someday you might get caught.

Much has been made of the fact that Polanski's victim, now 45, has 
said she no longer feels any anger toward him and does not want to 
see him jailed. But it's irrelevant what the victim thinks and feels 
as a grown woman. What's important is what she thought and felt at 
age 13, when the crime was committed. Those who argue that there's 
something unjust about Polanski's arrest are essentially accepting 
his argument that it's possible for a 13-year-old girl, under the 
influence of alcohol and drugs, to "consent" to sex with a man in his 
40s. Or maybe his defenders are saying that drugging and raping a 
child is simply not such a big deal.

As far as I'm concerned, it's a huge deal. Even in France, it should 
be a big deal. This isn't about a genius who is being hounded for 
flouting society's hidebound conventions. It's about a rich and 
powerful man who used his fame and position to assault­in every 
sense, to violate­an innocent child.

And it's about a man who ran away rather than face the consequences 
of his actions. Before any sentence could be imposed, he absconded 
like a weasel to live a princely life in France.

That's the sort of protagonist, a great director like Polanski must 
realize, who doesn't deserve a happy ending.
--

Eugene Robinson's e-mail address is eugenerobinson(at)washpost.com.

--------

Refighting the Culture War over Roman Polanski

http://www.spiked-online.com/index.php/site/earticle/7464/

The furore over his arrest is not about what happened in LA on 10 
March 1977 - it's a pathetic proxy clash between a clapped-out left and right.

Brendan O'Neill
29 September 2009

Should the film director Roman Polanski be extradited to the US over 
his statutory rape of a 13-year-old girl in Los Angeles in March 
1977? It's a potentially interesting legal question. But it's not the 
question that is driving the transatlantic furore that followed 
Polanski's arrest and imprisonment in Switzerland over the weekend. 
Instead, various political prejudices and unresolved battles are 
being projected on to L'Affaire Polanski, robbing it of its specific 
legal complexities and turning it into the site of a proxy Culture 
War in which clapped-out conservatives and disoriented liberals are 
hurling intellectual (and not-so-intellectual) hand grenades at one 
another. And I find both sides pretty revolting.
--

Polanski, the Polish-French maker of some decent films (Chinatown, 
Rosemary's Baby, The Pianist) and some awful ones, too (Frantic, The 
Dance of the Vampires), pleaded guilty in a Los Angeles court in 1977 
to having sexual intercourse with a minor. On 10 March 1977, then 44 
years old, he had taken Samantha Gailey, a 13-year-old child model, 
to the home of Jack Nicholson in Mulholland, California, where he 
said he was going to take photographs of her for the French edition 
of Vogue. After taking the photos, he gave Gailey champagne and a 
sedative drug and performed oral sex, intercourse and sodomy on her 
while she said: 'No, I don't want to do this.' The original charges 
against Polanski were 'rape by use of drugs, sodomy, and a lewd and 
lascivious act with a child under the age of 14'; as part of a plea 
bargain Polanski got it reduced to 'sexual intercourse with a minor'. 
When he realised that even this plea-bargained charge could land him 
in jail for many years, he fled the US and has effectively been a 
filmmaking fugitive in Europe ever since.

But the miles of newspaper commentary and feverish diplomatic 
activity that greeted his arrest in Switzerland have not really been 
concerned with the facts of the case, the question of legal 
precedents, or the issue of justice. Instead, Polanski has been 
turned into a symbol. For conservatives, still convinced that the 
Sixties are the root of all evil, he is symbolic of the perversions 
allegedly unleashed by the naked, hippyish, free-love liberations of 
the countercultural period, with his rape of a 13-year-old girl seen 
virtually as the logical end product of legalising drug use and 
encouraging people to be sexually experimental. For liberals he is a 
symbol of tortured European artistry, who is now being victimised by 
an 'ugly' and 'prudish' America which doesn't appreciate great art 
(1). For American officials, Polanski is symbolic of European 
degeneracy and they fantasise that returning him to an American jail 
will be a victory for Reaganite decency over French moral turpitude. 
For French officials, meanwhile, Polanski is a symbol of Europe's 
gallant recovery from its dark past (Polanski and his family, Polish 
Jews, were persecuted during the Holocaust), who is now being 
tortured anew by 'the darker side of America, the side that scares us 
all' (2). Just as Mia Farrow's Rosemary was a vessel for the devil in 
Rosemary's Baby, so Polanski has been turned into a vessel for all 
sorts of political jibber jabber today.

It is striking how quickly the discussion of what Polanski, one man, 
did to Samantha Gailey, one girl, in a bedroom in 1977 twists and 
turns into a discussion about competing moral values and even 
clashing national standards. For Sixties-baiting conservatives, 
Polanski has long been a rotting symbol of everything that is wrong 
with the 1960s. Both Polanski's experience of a terrible crime in 
1969 and his execution of a crime in 1977 are held up as evidence of 
the darker, destructive side of the 1960s and why a diet of sexual 
looseness, rock'n'roll and drugs is a Bad Thing.

In 1969, Polanski's wife Sharon Tate, a beautiful budding actress, 
was brutally murdered by Charles Manson's cult, The Family. Family 
members stabbed to death Tate and four others at Polanski's home in 
California while he was away; Tate was eight-and-a-half months 
pregnant at the time. That extraordinary crime, carried out by a tiny 
cult of wierd hippies, has long been cited by American conservatives 
as the neat conclusion to a decade in which traditional values had 
collapsed under the weight of a new generation that was less 
respectful, more hedonistic and edgier than its Fifties forebears; it 
was the 'dark side of the California dream', as one writer argued, a 
product of the 'political, social and cultural turbulence of the 
1960s' (3). The Manson crimes have been more analysed and discussed 
than any other serial-killing episodes in American history because 
they have been elevated from the realm of crime to the world of 
politics and morality, used by conservatives both to absolve 
themselves of any responsibility for the collapse of traditional 
values in the 1960s (instead it was all the fault of The Beatles, the 
Beach Boys, drugs and other things loved by Charles Manson) and to 
depict sexual liberation and social experimentation as having 
necessarily brutal, morally unanchored, murderous consequences.

Yet just as Polanski was a victim of alleged Sixties excesses, so he 
was a rapacious product of those excesses, too. Any sympathy for 
Polanski quickly dried up following his conviction for unlawful 
intercourse in 1977. This, too, conservatives argued, was part of the 
degeneracy of the open-minded, open-trousered culture of the American 
West Coast in the mid- to late-twentieth century; it sprung from 
Polanski's and others' determination to 'push back the boundaries of 
sexual liberation', as one report said this week (4). Some American 
law enforcers and right-wing commentators seem to imagine that having 
Polanski returned to the US will finally bring to an end the odious 
influence of the 1960s on contemporary society and morality. Under 
the headline 'Why we dislike the French', one conservative American 
columnist asks how 'liberal' Europe can 'support a child rapist' (5).

Yet if this attempt to write off 1960s sexual liberation and 
experimentation (some of which was progressive, some of which was 
solipsistic) on the back of Polanski's past is bad, then the defence 
of Polanski by European government officials and commentators is even 
worse. They are motivated not by anything remotely related to legal 
norms or questions of justice, but by a snobbish and opportunistic 
anti-Americanism in which Polanski (who is probably a bit of a creep) 
becomes recast as a paragon of European decency against hung-up 
America. So determined are some liberal observers to use L'Affaire 
Polanski to get one over on America that they have even forgotten 
about their normal role of stoking up hysterical panics about 
paedophiles and have re-depicted Polanski's encounter with Gailey as 
just a somewhat over-exuberant heavy-petting session.

European liberals were super-quick to rally to Polanski's defence 
against what Frederic Mitterand, nephew of the former French 
president and a close friend of Polanski, described as a 'senseless' 
and 'outrageous' arrest that springs from 'the darker side of 
America, the one that scares us all' (6). In short, Polanski is not 
merely being pursued under an old legalistic arrest warrant, the kind 
that exists for many fugitives around the world, but rather is the 
European victim of evil and vengeful America. One French commentator 
says the US is 'acting out some kind of prudish revenge' against a 
'great talent who never abided by American rules' (7). Here, 
Polanski's actions in 1977 are presented as a bit of rule-breaking 
and anyone who thinks he should be punished for them is clearly an 
unarty prude from the dark and scary United States. But whatever you 
think of the usefulness of the arrest warrant against Polanski, and 
the motivations behind its continued pursuit by American law 
enforcers, it is not prudish to think that performing oral sex and 
sodomy on a drunk 13-year-old is unacceptable behaviour.

The difference between the liberal media reaction to Polanski and to 
someone like Gary Glitter ­ the big-haired glam-rock star who in 1997 
was discovered to have child porn on his computer ­ is striking. 
Where Glitter has over the past 10 years been turned by the British 
media into a symbol of the paedophilic evil that is allegedly 
stalking our land, proof that New Labour's sex offenders' register is 
not a bloated and fearmongering database after all but a necessary 
evil to protect our children from harm, Polanski is presented as the 
misunderstood artist who is the real victim here ­ of a 
'money-grabbing American mother and a publicity-hungry Californian 
judge' (8). So keen are some liberal observers to mark themselves out 
as Not American, and to find a new way to lambast the conservative 
values of now Republican-ruled California, that they are effectively 
saying: 'Polanski might be a paedophile, but he's our paedophile.' 
Seemingly lacking the cojones to defend any of the social and sexual 
gains of the 1960s openly and loudly, commentators instead seek to 
excuse Polanski's behaviour and to demonise the anti-Sixties right-wingers.

But perhaps the worst aspect of the Polanski affair is the 
competition of victimhoods. It is testimony to the domination of the 
victim culture in contemporary society that both Polanski haters and 
Polanski defenders, both sides in this bizarre re-enactment of the 
Culture War of the 1960s and its aftermath, have used the language of 
victimology to make their case. For many American and British 
commentators this is all about Samantha Gailey, whom they have 
transformed into the archetypal and eternally symbolic victim of the 
alleged great evil of our time, Child Abuse. 'Remember: Polanski 
raped a child', says a headline in Salon, in an article that provides 
sordid, misery-memoir-style details of what Polanski did with his 
penis to Gailey's vagina and anus (9). For European observers, by 
contrast, Polanski's actions can be explained by his own victimised 
past, especially during the Holocaust. We have to understand his 
'life tragedies' and how they moulded him, says one filmmaker (10). 
Anne Applebaum, the American commentator who spends much of her time 
in Europe, says Polanski fled America in 1978 because of his 
'understandable fear of irrational punishment. Polanski's mother died 
in Auschwitz. His father survived in Mauthausen. He himself survived 
the Krakow ghetto.' (11) (Applebaum fails to disclose that she is 
married to the Polish foreign minister, Radoslaw Sikorski, who is 
actively campaigning against Polanski's extradition.)

This spat in victimology confirms that the politics of victimhood, 
the pursuit of law, politics and morality in the name of respecting 
and helping victims, dominates debate on both sides of the Atlantic, 
but in the Anglo-American sphere it is the victim of child abuse that 
is most sacrosanct, while in Europe it is the victims of the 
Holocaust who enjoy the greatest, most unquestioned moral authority ­ 
to the extent that Polanski's pretty cowardly fleeing of America in 
1978 can be excused as a latent reaction by a tortured man to the 
emotional horrors of Auschwitz.

L'Affaire Polanski has become a Culture War that dare not speak its 
name, a pale and dishonest imitation of the debates about values and 
morality that have emerged at various times over the past 50 years. 
As a result we are none the wiser about the legal usefulness of 
30-year-old arrest warrants or contemporary extradition laws, as 
desperate political observers have instead turned Polanski into 
either a ventriloquist's dummy or a voodoo doll for the purposes of 
letting off some cheap moral steam.

--------

Polanski Brings Out the Worst in Hollywood

http://www.truthdig.com/report/item/20091001_polanski_brings_out_the_worst_in_hollywood/

Oct 1, 2009
By Eugene Robinson

Could it be that the conservative culture warriors who portray 
Hollywood as a cesspool of moral bankruptcy have been right all 
along? Not really. But in the case of Roman Polanski, the Puritan 
scolds definitely have a point.

Even the French government has backed off its defense of the fugitive 
director. Polanski, who has dual French-Polish citizenship, fled the 
United States in 1978 before he could be sentenced on a charge of 
unlawful sex with a 13-year-old girl in Los Angeles. He spent the 
past three decades mostly in France, and officials in Paris reacted 
angrily when he was nabbed at the Zurich airport. In more recent 
statements, however, French leaders have taken a much more measured 
position, saying that justice should run its course.

But some of Hollywood's most prominent luminaries contend that 
Polanski's crime­which he acknowledged in a guilty plea­really wasn't 
so awful. Or that maybe it was a big deal at the time, but now we 
should let bygones be bygones. Or that maybe it's still a big deal, 
but whatever sins Polanski may have committed are outweighed by the 
brilliance of his art.

More than 100 movie-business heavyweights­including directors Martin 
Scorsese, David Lynch, Mike Nichols and Pedro Almodovar­have signed a 
petition calling on Swiss authorities to set Polanski free. Piling 
chutzpah upon gall, Woody Allen is among the petitioners. You will 
recall that Allen shocked non-Hollywood sensibilities by 
acknowledging his romance with Soon-Yi Previn, the daughter of 
Allen's longtime companion, Mia Farrow. At the time, Allen was 56 and 
Previn was 21.

Actress, comedian and "The View" co-host Whoopi Goldberg has come 
under well-justified fire for making a jaw-dropping statement about 
Polanski's crime: "I know it wasn't rape-rape. I think it was 
something else, but I don't believe it was rape-rape."

Really? The Web site The Smoking Gun has posted the victim's grand 
jury testimony and Polanski's admission of guilt. Although a plea 
bargain reduced the charges to unlawful sex with a minor, the 
documents make clear that what the victim alleged was "rape-rape" of 
the vilest kind.
http://www.thesmokinggun.com/archive/polanskicover1.html
http://www.thesmokinggun.com/archive/years/2009/0928091polanskiplea1.html

She described being lured by Polanski to the home of actor Jack 
Nicholson, given champagne and half a Quaalude, feeling intoxicated 
and frightened, being groped in a hot tub, telling Polanski to stop, 
being accosted on a couch, telling Polanski again to stop, being 
violated in ways I couldn't describe in a family newspaper, and 
finally weeping as she waited for her assailant to take her home.

Was Polanski filled with remorse? Not when the British novelist 
Martin Amis interviewed him in 1979. "If I had killed somebody, it 
wouldn't have had so much appeal to the press, you see?" Polanski 
told Amis. "But ... [having sex], you see, and the young girls. 
Judges want to [have sex with] young girls. Juries want to [have sex 
with] young girls. Everyone wants to [have sex with] young girls!" 
For "having sex," he used an Anglo-Saxon vulgarity.

Movie mogul Harvey Weinstein, who has been circulating the 
pro-Polanski petition, wrote in an Op-Ed in the Independent, a London 
newspaper, that "whatever you think about the so-called crime, 
Polanski has served his time. A deal was made with the judge, and the 
deal is not being honored. ... This is the government of the United 
States not giving its word and recanting on a deal, and it is the 
government acting irresponsibly and criminally."

So the government is to blame? For apprehending an unrepentant sex 
offender who fled before being sentenced for his reprehensible acts?

The Los Angeles Times quoted Weinstein as saying in an interview that 
he doesn't believe public opinion is running against Polanski­or that 
Hollywood is out of step. "Hollywood has the best moral compass, 
because it has compassion," Weinstein said, according to the 
newspaper. "We were the people who did the fundraising telethon for 
the victims of 9/11. We were there for the victims of Katrina and any 
world catastrophe."

Hollywood was there, all right, whenever the tragedy was distant, the 
victims were anonymous and the "compassionate" concert or telethon 
had acceptable production values that made all the stars look their 
best. How heroically they rearranged their busy schedules!

The brutalization of one young girl, it seems, leaves Hollywood's big 
heart awfully cold.
--

Eugene Robinson's e-mail address is eugenerobinson(at)washpost.com.

--------

[See URL for embedded links.]

Reminder: Roman Polanski raped a child

http://www.salon.com/mwt/broadsheet/feature/2009/09/28/polanski_arrest/

Sept. 28, 2009
by Kate Harding

Roman Polanski raped a child. Let's just start right there, because 
that's the detail that tends to get neglected when we start 
discussing whether it was fair for the bail-jumping director to be 
arrested at age 76, after 32 years in "exile" (which in this case 
means owning multiple homes in Europe, continuing to work as a 
director, marrying and fathering two children, even winning an Oscar, 
but never -- poor baby -- being able to return to the U.S.). Let's 
keep in mind that Roman Polanski gave a 13-year-old girl a Quaalude 
and champagne, then raped her, before we start discussing whether the 
victim looked older than her 13 years, or that she now says she'd 
rather not see him prosecuted because she can't stand the media 
attention. Before we discuss how awesome his movies are or what the 
now-deceased judge did wrong at his trial, let's take a moment to 
recall that according to the victim's grand jury testimony, Roman 
Polanski instructed her to get into a jacuzzi naked, refused to take 
her home when she begged to go, began kissing her even though she 
said no and asked him to stop; performed cunnilingus on her as she 
said no and asked him to stop; put his penis in her vagina as she 
said no and asked him to stop; asked if he could penetrate her 
anally, to which she replied, "No," then went ahead and did it 
anyway, until he had an orgasm.

Can we do that? Can we take a moment to think about all that, and 
about the fact that Polanski pled guilty to unlawful sex with a 
minor, before we start talking about what a victim he is? Because 
that would be great, and not nearly enough people seem to be doing it.

The French press, for instance (at least according to the British 
press) is describing Polanski "as the victim of a money-grabbing 
American mother and a publicity-hungry Californian judge." Joan Z. 
Shore at the Huffington Post, who once met Polanski and "was utterly 
charmed by [his] sobriety and intelligence," also seems to believe 
that a child with an unpleasant stage mother could not possibly have 
been raped: "The 13-year old model 'seduced' by Polanski had been 
thrust onto him by her mother, who wanted her in the movies." Oh, 
well, then! If her mom put her into that situation, that makes it 
much better! Shore continues: "The girl was just a few weeks short of 
her 14th birthday, which was the age of consent in California. (It's 
probably 13 by now!) Polanski was demonized by the press, convicted, 
and managed to flee, fearing a heavy sentence."

Wow, OK, let's break that down. First, as blogger Jeff Fecke says, 
"Fun fact: the age of consent in 1977 in California was 16. It's now 
18. But of course, the age of consent isn't like horseshoes or global 
thermonuclear war; close doesn't count. Even if the age of consent 
had been 14, the girl wasn't 14." Also, even if the girl had been old 
enough to consent, she testified that she did not consent. There's 
that. Though of course everyone makes a bigger deal of her age than 
her testimony that she did not consent, because if she'd been 18 and 
kept saying no while he kissed her, licked her, screwed her and 
sodomized her, this would almost certainly be a whole different story 
-- most likely one about her past sexual experiences and drug and 
alcohol use, about her desire to be famous, about what she was 
wearing, about how easy it would be for Roman Polanski to get 
consensual sex, so hey, why would he need to rape anyone? It would 
quite possibly be a story about a wealthy and famous director who 
pled not guilty to sexual assault, was acquitted on "she wanted it" 
grounds, and continued to live and work happily in the U.S. Which is 
to say that 30 years on, it would not be a story at all. So it's much 
safer to focus on the victim's age removing any legal question of 
consent than to get tied up in that thorny "he said, she said" stuff 
about her begging Polanski to stop and being terrified of him.

Second, Polanski was "demonized by the press" because he raped a 
child, and was convicted because he pled guilty. He "feared heavy 
sentencing" because drugging and raping a child is generally frowned 
upon by the legal system. Shore really wants us to pity him because 
of these things? (And, I am not making this up, boycott the entire 
country of Switzerland for arresting him.)

As ludicrous as Shore's post is, I have to agree with Fecke that my 
favorite Polanski apologist is the Washington Post's Anne Applebaum, 
who finds it "bizarre" that anyone is still pursuing this case. And 
who also, by the by, failed to disclose the tiny, inconsequential 
detail that her husband, Polish foreign minister Radoslaw Sikorski, 
is actively pressuring U.S. authorities to drop the case.

        There is evidence of judicial misconduct in the original trial. 
There is evidence that Polanski did not know her real age. Polanski, 
who panicked and fled the U.S. during that trial, has been pursued by 
this case for 30 years, during which time he has never returned to 
America, has never returned to the United Kingdom., has avoided many 
other countries, and has never been convicted of anything else. He 
did commit a crime, but he has paid for the crime in many, many ways: 
In notoriety, in lawyers' fees, in professional stigma. He could not 
return to Los Angeles to receive his recent Oscar. He cannot visit 
Hollywood to direct or cast a film.

There is also evidence that Polanski raped a child. There is evidence 
that the victim did not consent, regardless of her age. There is 
evidence -- albeit purely anecdotal, in this case -- that only the 
most debased crapweasel thinks "I didn't know she was 13!" is a 
reasonable excuse for raping a child, much less continuing to rape 
her after she's said no repeatedly. There is evidence that the 
California justice system does not hold that "notoriety, lawyers' 
fees and professional stigma" are an appropriate sentence for child rape.

But hey, he wasn't allowed to pick up his Oscar in person! For the 
love of all that's holy, hasn't the man suffered enough?

Granted, Roman Polanski has indeed suffered a great deal in his life, 
which is where Applebaum takes her line of argument next:

        He can be blamed, it is true, for his original, panicky decision to 
flee. But for this decision I see mitigating circumstances, not least 
an understandable fear of irrational punishment. Polanski's mother 
died in Auschwitz. His father survived Mauthausen. He himself 
survived the Krakow ghetto, and later emigrated from communist Poland.

Surviving the Holocaust certainly could lead to an "understandable 
fear of irrational punishment," but being sentenced for pleading 
guilty to child rape is basically the definition of rational 
punishment. Applebaum then points out that Polanski was a suspect in 
the murder of his pregnant wife, Sharon Tate, a crime actually 
committed by the Manson family -- but again, that was the unfortunate 
consequence of a perfectly rational justice system. Most murdered 
pregnant women were killed by husbands or boyfriends, so that 
suspicion was neither personal nor unwarranted. This isn't Kafkaesque stuff.

But what of the now-45-year-old victim, who received a settlement 
from Polanski in a civil case, saying she'd like to see the charges 
dropped? Shouldn't we be honoring her wishes above all else?

In a word, no. At least, not entirely. I happen to believe we should 
honor her desire not to be the subject of a media circus, which is 
why I haven't named her here, even though she chose to make her 
identity public long ago. But as for dropping the charges, Fecke said 
it quite well: "I understand the victim's feelings on this. And I 
sympathize, I do. But for good or ill, the justice system doesn't 
work on behalf of victims; it works on behalf of justice."

It works on behalf of the people, in fact -- the people whose laws in 
every state make it clear that both child rape and fleeing 
prosecution are serious crimes. The point is not to keep 76-year-old 
Polanski off the streets or help his victim feel safe. The point is 
that drugging and raping a child, then leaving the country before you 
can be sentenced for it, is behavior our society should not -- and at 
least in theory, does not -- tolerate, no matter how famous, wealthy 
or well-connected you are, no matter how old you were when you 
finally got caught, no matter what your victim says about it now, no 
matter how mature she looked at 13, no matter how pushy her mother 
was, and no matter how many really swell movies you've made.

Roman Polanski raped a child. No one, not even him, disputes that. 
Regardless of whatever legal misconduct might have gone on during his 
trial, the man admitted to unlawful sex with a minor. But the 
Polanski apologism we're seeing now has been heating up since "Roman 
Polanski: Wanted and Desired," the 2008 documentary about Polanski's 
fight to get the conviction dismissed. Writing in Salon, Bill Wyman 
criticized the documentary's whitewashing of  Polanksi's crimes last 
February, after Superior Court Judge Peter Espinoza ruled that if the 
director wanted to challenge the conviction, he'd need to turn 
himself in to U.S. authorities and let the justice system sort it 
out. "Fugitives don't get to dictate the terms of their case ... 
Polanski deserves to have any potential legal folderol investigated, 
of course. But the fact that Espinoza had to state the obvious is 
testimony to the ways in which the documentary, and much of the media 
coverage the director has received in recent months, are bizarrely skewed."

The reporting on Polanski's arrest has been every bit as "bizarrely 
skewed," if not more so. Roman Polanski may be a great director, an 
old man, a husband, a father, a friend to many powerful people, and 
even the target of some questionable legal shenanigans. He may very 
well be no threat to society at this point. He may even be a good 
person on balance, whatever that means. But none of that changes the 
basic, undisputed fact: Roman Polanski raped a child. And rushing 
past that point to focus on the reasons why we should forgive him, 
pity him, respect him, admire him, support him, whatever, is 
absolutely twisted.

--------

Also, see:

The best Polanski you might have missed
http://www.salon.com/mwt/broadsheet/feature/2009/10/02/polanski_round_up/index.html

.


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