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By September 27, 2009No Comments

Tenant

I am loath to bring up the arrest of Roman Polanski in Switzerland on an old U.S. war­rant, because I gen­er­ally find that refer­ring up the dir­ect­or’s leg­al his­tory in this coun­try accom­plishes very little besides giv­ing a cer­tain num­ber of indi­vidu­als the oppor­tun­ity to puff up their chests and get humoung­ously right­eous. I will note, for the heck of it, a com­menter on a Facebook thread who, apro­pos the arrest, gid­dily pro­nounced “…we’ve all been wait­ing for justice here in America!” This struck me as funny, because recently I’ve been read­ing about that dude in Texas who was, like, totally put to death by the state des­pite being all, like, not guilty of a crime and stuff. And I won­der where’s the froth­ing at the mouth about that? But that’s just me. It prob­ably really only has some­thing to do with my pathet­ic inab­il­ity to include myself in the “we” that’s all been wait­ing for justice in America. Sad.

UPDATE: Kim Morgan’s con­sid­er­a­tion of Polanski’s art—specifically his practically-feminist Repulsion—is well worth check­ing out, its slightly in-your-face title not­with­stand­ing.  When I wrote about Criterion’s great DVD of Repulsion back in July, I noted: “I’ll leave it to oth­ers to rumin­ate on the irony of Polanski hav­ing made two of the best, most sens­it­ive pic­tures about how a pat­ri­arch­al soci­ety can crush women: this one and Tess, filmed in 1979 after Polanski’s depar­ture from the United States.”

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  • Ryan Kelly says:

    It’s insane how mor­al­ist­ic people get over some­thing that in no way, shape, or form involved them. Even the woman whom he ‘viol­ated’ says the past should just be bur­ied. If SHE isn’t upset about it, what right does any­one else have to be? I’m not say­ing it was right, I’m just say­ing it’s not really any­one else’s business.

  • tc says:

    @Ryan Kelly: put­ting ‘viol­ated’ inside dis­missive quo­ta­tion marks goes a little far in my book. The details in the ori­gin­al indict­ment – not the less­er charges RP even­tu­ally copped to – make for pretty grim read­ing. Agreeing that he got shaf­ted by a judge who kept mov­ing the goal­posts on him is one thing, exon­er­at­ing him is another.
    But when it comes to the brass-tacks ques­tion – do I really want to see Polanski brought back to the US in hand­cuffs? – the answer is no. For one thing, if we’re talk­ing justice, the mind reels at all the ’70s rock stars and Hollywood names who should be on tri­al with him.

  • Ryan Kelly says:

    Gah, that does send the wrong impres­sion, you’re right, and you were very right to take me to task for it. Of course what he did was very, very wrong and some­thing no sane, ration­al adult would do.
    And yes, I under­stand that he did much more than have con­sen­su­al sex with a minor. It prob­ably still would have been a crime even if she had­n’t been 13.

  • papa zita says:

    In America, justice is inter­preted as blood ven­geance. Nothing more or less. It does­n’t help that Polanski was foreign-born and par­took in some­thing that was not uncom­mon in ’70s Hollywood.
    As Glenn men­tioned, it hardly mat­ters if some poor sod is guilty or not as long as the state gets to kill someone or des­troy their life. I always thought that if there was an exe­cu­tion of an inno­cent proven (and the state makes it near-impossible to do so), the pro­sec­utor, judge, and jury should be pun­ished. Prosecutor should be imprisoned (and sen­tenced to death if he shows any mis­con­duct in rail­road­ing an inno­cent man), judge should lose his law license and be removed from the bench (and lose his pen­sion), jur­ors should nev­er be allowed to sit on anoth­er jury again in their life­time, and their names pub­lished. And the fam­ily mem­bers (if any) should be giv­en every nick­el the judge and pro­sec­utori­al team has made for the entire time dur­ing and after the mis­car­riage of justice. Not for ven­geance, mind you, but deterrence. It would make them much more care­ful about who they decide to kill by state sanction.

  • Glenn Kenny says:

    What’s always inter­ested me is the vehe­mence of those who would bring Polanski to “justice,” which to my mind extends bey­ond reas­on even if you take as a giv­en how incen­di­ary the issues of rape and viol­a­tion are. How many times does one feel obliged to pre­face any kind of cri­tique of the hand­ling of the case with “Well, of course, what Polanski did was utterly deplor­able, but…?”
    I also some­times won­der what might have happened had Polanski not fled the coun­try. What kind of man, what kind of artist, might have emerged from the river up which Judge Rittenband sud­denly decided to send him?

  • Ryan Paige says:

    I’m per­son­ally doing quite a bit of froth­ing about Cameron Todd Willingham. What’s espe­cially infuri­at­ing is how Governor Rick Perry and then-prosecutor (now judge) John Jackson still defend the sen­tence. Judge Jackson say­ing on Nightline that even though the arson evid­ence has been com­pletely dis­cred­ited, the fact that Willingham was put to death does­n’t both­er him at all. He then twists all logic to say that the arson evid­ence was­n’t the most import­ant evid­ence but the fact that he had tried to kill his kids before (he allegedly beat his wife while she was preg­nant which a sit­ting judge con­flates into “try­ing to kill his kids”).
    But if there was no arson, then there was no crime. Even if he had act­ively tried to kill his kids in the past (which there’s no real evid­ence to sug­gest he did), you can­’t put him to death because his kids even­tu­ally did die in an acci­dent­al fire.
    If Willingham were still alive, he’d likely get a new tri­al (just like Ernest Willis). It’s only because he’s dead that the gov­ernor and the pro­sec­utor (now judge) twist and con­flate and do whatever they can to con­vince them­selves (and oth­ers) that they did the right thing.
    And sadly, unlike DNA evid­ence, the dis­cred­it­ing of the arson “sci­ence” isn’t quite as defin­it­ive to the gen­er­al pub­lic (if, to bring in anoth­er sus­pi­cious Texas case, DNA test­ing showed that Leoncio Perez Rueda raped Sister Tadea Benz, it would be extremely dif­fi­cult to con­tin­ue to sup­port the idea that Johnny Frank Garrett raped and murdered her.)
    Since the ori­gin­al invest­ig­a­tion was botched, we can­’t find a defin­it­ive cause of the fire that killed the Willingham chil­dren. And as long as we can­’t, there will always be those who will say “well, you can­’t prove he did­n’t start the fire.”
    I don’t care any­thing about Roman Polanksi except that I hope the whole thing finally gets settled in such a way that’s fair.

  • Zach says:

    I think papa zita hit it on the head when he noted the fact that Polanksi was for­eign. It would seem that he took the fall for lots of extremely seedy beha­vi­or that plenty of natural-born Americans were just as guilty of – the out­cry for justice being a way of san­it­iz­ing our own ver­sion of his­tory, yet again.
    As for the Texas débâcle – to me, it’s primar­ily anoth­er glar­ing example of the insan­ity of cap­it­al punishment.

  • jbryant says:

    Ryan: I don’t know that it’s overly “mor­al­ist­ic” in and of itself to be against stat­utory rape. “If SHE isn’t upset about it, what right does any­one else have to be?” Consent isn’t an issue in such cases, by defin­i­tion. She was too young to consent.
    The Polanski case is always a tough one for those of us who treas­ure his work. Prior to the leg­al trouble, he had an awful life with which it’s impossible not to sym­path­ize. And the judge “shaf­ted” him, as tc said. But he did what he did, and to be hon­est I’m not sure my love for KNIFE IN THE WATER and CHINATOWN would trump my out­rage if the girl were my daughter.
    But, no, I cer­tainly don’t feel like puff­ing my chest up about his arrest. It’s just a sad situ­ation all around.

  • jbryant says:

    BTW, obvi­ously the “Ryan” I addressed in my post is Ryan Kelly.

  • Ryan Kelly says:

    Did I saw I was for stat­utory rape? But there are people I know who simply refuse to watch a Polanski movie because of this situ­ation. To me, that’s just insan­ity, and yes, mor­al­ist­ic in every sense of the word. It’s a ter­rible, ugly, thing he but it’s still not enough to judge his work by, is all I mean.
    Yes, I’d feel dif­fer­ently if it were my child too, as we all would. But, on that note, would you have allowed your daugh­ter to pose scantily clad for an issue of Vogue? I would­n’t, least of all leav­ing her alone, mostly naked, in a room with an older man.

  • jbryant says:

    Ryan: I’m sure you’re NOT for stat­utory rape, which is why I found the word­ing of your ori­gin­al post unfor­tu­nate. You say if the vic­tim isn’t upset, why should any­one else be? Um, well, because we have this law. But again, I’m not com­ing down on the side of the “humong­ously right­eous,” as Glenn calls them. I only mean to say that a cer­tain amount of out­rage over Polanski’s actions isn’t uncalled for, just as we should feel out­rage over the judge’s misconduct.
    And no, if I had a daugh­ter, I’d like to think I would­n’t be as irre­spons­ible as the moth­er in this case. But it would­n’t absolve any­one who took advant­age of my stu­pid­ity at my daugh­ter­’s expense. Just as the judge’s mis­con­duct isn’t jus­ti­fied by his desire to see justice served. I guess that’s my main point – justice is not served by ignor­ing or min­im­iz­ing the actions of either man, so I don’t under­stand choos­ing sides on the issue in some black-and-white way. I’m not sure if that means I have no dog in this fight, or two. Oof, it’s uncom­fort­able up here on this fence.
    I do agree that an artist’s work should be con­sidered apart from his or her per­son­al life, but I also under­stand why that can be dif­fi­cult for some people (maybe I should stop before Griffith, Reifenstahl and Kazan start get­ting pulled into this).

  • Tess says:

    Maybe Polanski could hire Mackenzie Phillips for his next film?

  • tc says:

    Since I was the first to take issue with Ryan Kelly, may I say I also know what he’s get­ting at in his most recent com­ment. Junking an artist’s work out of dis­gust with his or her per­son­al mor­al­ity would lay waste to some­thing like half of my DVDs, not to men­tion CDs. Lou Reed, Mick Jagger? Yeesh. I guess it’s just lucky I like Bach OK, but a diet of noth­ing but would get kind of samey.
    I also doubt many people would argue that Polanski has­n’t paid a steep price for his trans­gres­sion. 30-plus years of work­ing in exile has prob­ably done more dam­age to the career he might have had than a few months in jail ever could. Even so, I could wish that just once he’d expressed some real (not defens­ive) remorse. So far as I know, he hasn’t.

  • kre says:

    I respon­ded to a friends’ post about Polanski, that I find it com­pletely illeg­al to arrest someone in a coun­try in which they are not charged (again, unless you’re Bin Laden-with an int’l war­rant) – and this woman wrote back “rap­ing a 13yr old is illeg­al no mat­ter where you are”…missing the point entirely.
    This makes me so angry! (does this allude to the fact that I approve of child rape? Please…)
    First – do we need to say say that celeb cul­ture was nev­er clean? Wtf was a 13yr old doing at Jack Nicholson’s house in the 70s any­way? I was 13 once, I used to pre­tend to be 15 to get the 19 year olds (it uh, does­n’t work, when you don’t look the part)…but even after all this time and the girl (now woman) says “whatevs, we’ll settle this, leave this alone”.…it does­n’t even matter.
    Has Roman been a threat since? Yes – of course, to oth­er film­makers because he’s so damn good. But really now, I agree with your point “justice in amer­ica?”, while health care is still being debated? Innocent people still being sent to jail…really Polanski is the big deal?
    I do note the irony that I hap­pen to like Polanski’s work, which is why I find this all really disgusting…while I’m just wait­ing for Tom Cruise to eff up.
    But still, the les­son is big­ger than all of this. I just worry about civil liberties.

  • kre says:

    ps: Glenn – your ques­tion is super inter­est­ing! What would’ve become of Polanski had he not fled? Part of me really thinks that we would­n’t have had THE PIANIST…

  • Colin says:

    I know that the vitcim has pub­licly for­giv­en him, and the judge was sketchy but… He gave drugs to, and then fucked an under­age girl, both of which are illeg­al. He then fled the coun­try to avoid pro­sec­u­tion, which makes him a fugit­ive. Obviously an innoc­cent man being executed is awful, but what does that have to do with this case? Because of what happened in Texas we should let rape slide? What if it was­n’t Roman Polanski The Director, but Roman Polanski The Plumber? Would you feel differently?

  • Glenn Kenny says:

    @ Colin: Well, that’s part of the whole point, isn’t it? How you, or I or the next per­son “feel” about the case. And my point in bring­ing up the Cameron Todd Willingham exe­cu­tion is that how we “feel” about a case has in large part to do with what we know, or more to the point, have been told about a case. Again…Jesus, I feel like such a tool for fall­ing for this…yes. What Polanski did in 1977 was dis­gust­ing, awful, mor­ally rep­re­hens­ible, and very truly ILLEGAL. And, as the argu­ably too-worshipful/deferential doc­u­ment­ary entitled “Roman Polanski: Wanted And Desired” chron­icled, his case was an awful clusterfuck.
    I’m not pos­it­ing Polanski as a folk hero. Nor am I excus­ing his actions. Yes, I had a nice con­ver­sa­tion with him in the lobby of Cannes’ Hotel Martinez and shared an elev­at­or (a small one) with him shortly there­after back in…2008? Yes. If that is suf­fi­cient ground for deem­ing me cor­rup­ted, go for it. For my (tax­pay­ing) money, dog­gedly pur­su­ing his extra­di­tion seems…well, hell, if the District Attorney’s office of the worse-than-bankrupt state of California believes it’s worth it, who am I to gain­say it?…

  • tc says:

    @Colin: good com­ment. Polanski the Famous Movie Director vs. Polanski the ima­gin­ary plumb­er is one basic issue here, always has been.
    But for the record, he did­n’t flee the coun­try “to avoid pro­sec­u­tion.” He showed up in court and pleaded guilty to a reduced (but still ser­i­ous) charge. He only ran like hell for Europe once the judge star­ted chan­ging his mind about the right sentence.

  • The Siren says:

    Glenn, with all the very great respect I have for you as a crit­ic and a writer, I have to say that my indig­na­tion over that Texas case and a good many oth­ers does not lessen my feel­ing that it is high time Polanski face the music. In fact, it increases it. It sticks in my craw, as a diehard lib­er­al, that while poor people in this coun­try may die for crimes they did­n’t com­mit, a man can use his money and prestige to evade the leg­al sys­tem for so long. I don’t think it serves the people of California all that well to send him to Soledad or wherever for an exten­ded peri­od. My per­son­al choice would be have him alloc­ute at long last, fine the shit out of him, at most have him clean toi­lets or pick up high­way lit­ter for a couple of weeks and send him back to Paris and Emmanuelle. For what it is worth, I assure you my chest is not puffed out when I say that bring­ing him back to face a sen­tence, whatever that sen­tence may be, is worth­while because no one is above the law. Not Polanski the plumb­er and not even Polanski the genius.

  • There’s no doubt what Polanski did was wrong and illeg­al, but, as Glenn is point­ing out, it brings out a lot of people who use this oppor­tun­ity to take a rather self-promoting mor­al stand on a highly pub­li­cized case involving a movie dir­ect­or while remain­ing apathet­ic about tra­gedies that do not involve fam­ous people.
    Certain mem­bers of the mor­al police foam at the mouth when a pub­lic out­rage hap­pens just so they can chime in with per­haps a little bit of self-deification in the pro­cess. While some of us do actu­ally remem­ber that those that make the loudest mor­al accus­a­tions in soci­ety have often been people with dubi­ous mor­als themselves.
    Ultimately, this is a leg­al mat­ter now. And whatever hap­pens to him will hap­pen, but a lot of this self-satisfied “We Got ‘Em Now!” rhet­or­ic while ready­ing the noose reeks of self-aggrandizement for tak­ing down anoth­er Hollywood fig­ure rather than any genu­ine con­cern for the victim.

  • Glenn Kenny says:

    And this, finally, is what drives me so god­damn crazy about this whole thing: my sym­pathy for the Siren’s beau­ti­fully artic­u­lated pos­i­tion, and my strong lean­ing towards Steven Santos’ equally beau­ti­fully artic­u­lated argu­ment. As Charlie Brown says, “Aaaargh!” Or “Auuuggh!”

  • The Siren says:

    @Glenn and Stephen – I will also say that I have not gone over to Big Hollywood because I don’t want to see the hoedown over there; I know I’ll find it dis­taste­ful to say the least. Please, this isn’t Ira Einhorn we’re talk­ing about. Haul him into court, sen­tence him and then let’s all STFU. But maybe a bet­ter com­par­is­on than Polanski the Plumber would be Polanski the Chief Executive Officer of GreedCorp Inc. If this were a guy who made his money and fame in lever­aged buy­outs or bioen­gin­eered seeds, would any­one on our side of the aisle spare him a second thought?

  • Glenn Kenny says:

    @ The Siren: You ask “if this were a guy who made his money and fame in lever­aged buy­outs or bioen­gin­eer­ing seeds, would any­one on our side of the aisle spare him a second thought?” Well, it’s an inter­est­ing ques­tion. In terms of the railroading…I would like to think I WOULD care, in a disinterested-concern-for-justice-abstract kind of way. But…well, I’ll be blunt. Unlike most lever­aged buy­out or bioen­gin­eer­ing seeds guys, Polanski is an indi­vidu­al who has had, in vari­ous ways, a pro­found effect on my per­spect­ives, my dreams, my funny bone, my fears, and a lot more. He’s had that effect as an artist, not as a per­son, but nev­er­the­less. So, yes, that’s part of why I care, I sup­pose. And that does­n’t explain to me why some of the chest-puffers care as they do.

  • The Siren says:

    Oh, well, they care because some­how this is anoth­er 14-point stag-head to stick on the wall in the cul­ture wars which is why, as I said, I am avoid­ing BH for the time being–I’ll just wait for Edroso’s sum­mary. It’s an odd pos­i­tion I am in. I want the man to stand in court and finally apo­lo­gize pub­licly to that woman, but I don’t want to have to sit around and hear about how this is some­how emblem­at­ic of Hollywood’s gen­er­al sociopathy since the 1960s. He’s emblem­at­ic of noth­ing except his own twis­ted, but fas­cin­at­ing, psyche. If I hear too much of the “Polanski shows how dec­ad­ent that gen­er­a­tion was” I will be forced to step from behind the draper­ies and remind every­one of sev­er­al Old Hollywood fig­ures who got away with much worse than Polanski…
    And let me be clear, I share your admir­a­tion for the man’s work.

  • tc says:

    @The Siren: yes, I think we *would* care, but for unpleas­ant reas­ons. That is, we’d be rel­ish­ing the schaden­freude of see­ing the scum­bag get his comeup­pance, à la Big Hollywood – with no more real con­cern for the poor vic­tim of the whole thing. It’s a very troub­ling com­par­is­on, for which I’m grate­ful to you.

  • don r. lewis says:

    I just wanna add that…
    The lop­sided doc about Polanski did pretty clearly show that, even though he was clearly guilty of his crime, the guy was get­ting shaf­ted by the leg­al sys­tem. Maybe he fled due to cow­ardice or maybe he fled due to guilt. But the screw-job being handed to him made the decision pretttty clear in terms of bailing.

  • charles says:

    Yes, he’s a great film dir­ect­or. I had the great good luck to see an immacu­late print of “Repulsion” at a col­lege. But if the rape vic­tim were not for­giv­ing, if the oth­er under­age girls in Polanski’s life had­n’t kept quiet, would­n’t this case more per­fectly mir­ror those of J. D. Salinger and Joyce Maynard, of John Phillips and his daugh­ter, of Victor Salva and that young boy? There’s a strong tend­ency in the art com­munit­ies not just to for­give the artist his sexu­al irreg­u­lar­it­ies, even if they are forced on unwill­ing part­ners or sexu­al favors are won with false prom­ise of mar­riage or by tak­ing advant­age of a child’s trust of his fath­er, but to expect the vic­tim or the part­ner taken advant­age of to keep quiet. This demand for silence and for­give­ness var­ies exactly depend­ing on how badly the oth­er party was taken advant­age of and how quiet he or she kept. Little con­dem­na­tion of Salva’s vic­tim, mod­er­ate con­dem­na­tion of Mackenzie Phillips, Maynard got it both bar­rels, though it’s her life, dam­mit, and her story. Yes, I’m lump­ing togeth­er incest seduc­tion and rape, but to those of us out­side the film com­munity the glar­ing com­mon thread is the abso­lutely any­thing goes sexu­al eth­ic. At least it’s the eth­ic of the rich and power­ful; the people mourn­ing Polanski’s cap­ture have gloated over the once-famous who fell. And he’s old and he has a wife and kids who’ll miss him, but he should have stood and taken care of this 30 years ago. If you can­’t trust a Hollywood court to go light, what court can you trust? And if he knew he was safe in France he could have stayed in France.

  • charles says:

    By the way, I’ve been reminded that the laws in Europe greatly con­fuse the term I used in my pre­vi­ous post, “under­age.” It seems to be per­fectly leg­al to have an affair with a fif­teen year old in France, and oth­er European coun­tries have lower ages of con­sent. I meant by American laws and standards.

  • papa zita says:

    What tc recounts is what I remem­ber of the case. Polanski did plead guilty and was going to “take his medi­cine” when the judge star­ted shift­ing the goal­posts. Other Hollywood stars were rumored doing pretty much the same crime, and every rock­star of the ’70s had groupies who were incred­ibly young. Rodney Bingenheimer’s club was­n’t full of legal-age women back then, you know. But they sure knew how to give a good hum­mer. To call ’70s LA lib­ertine was­n’t the half of it.
    Polanski knew she was under­age, but I also believe he con­sidered her “exper­i­enced”, which was­n’t unreas­on­able (c’mon, why would she be at Nicholson’s party to begin with?). It did­n’t make Polanski inno­cent, though. It also helps to con­sider the era when this was going on. I lived through it and remem­ber how pop cul­ture sexu­al­ized pubes­cent girls at the time. From ad copy to film to after­school spe­cials, it was every­where. If you lived through it, you’d know it really was a dif­fer­ent era cul­tur­ally. Not an excuse, but an explan­a­tion of how Polanski thought he might not face stiff pro­sec­u­tion, and ran when he saw that he was going to be the sac­ri­fi­cial goat.

  • PaulJBis says:

    Regarding the “it was a dif­fer­ent era” theme: let’s remem­ber David Hamilton’s pho­to­graphs. I seem to recall that a few years ago someone actu­ally tried to ban them on grounds of them being child porn (not to men­tion the cov­er of that album by the Scorpions and the kerkuffle it caused on Wikipedia).
    Which is not to excuse at all what Polanski did, etc. There are two truths that are per­fectly com­pat­ible here:
    1) Roman Polanski is a rap­ist (no “stat­utory” here: rap­ist, period).
    2) Roman Polanski has ten times the tal­ent that the people sneer­ing at him will ever have.
    Why is it so hard to understand?

  • bill says:

    I’m away from the inter­net for a couple of days, and I miss out on all this. Everything I might have wanted to say has already been said, and said bet­ter than I would have been cap­able of, by oth­ers, par­tic­u­larly the Siren (though I think that sen­ten­cing Polanski to pick­ing up lit­ter is per­haps going a little easi­er on him than I’d like to see).
    The only thing I might add is that the focus on what “oth­er” people in Hollywood may or may not have done that may or may not be sim­il­ar to what we know Polanski did seems to me to be a com­pletely false argu­ment. If some oth­er act­or or dir­ect­or raped a 13 year old girl and got away with it, am I sup­posed to think that this should some­how change the pun­ish­ment that Polanski receives? If not, then why bring it up at all? Some people have got­ten away with murder, too, but that does­n’t effect what we think, or what we think should hap­pen, to mur­der­ers who actu­ally get caught. And by the way, point­ing out that oth­ers in film his­tory have got­ten away with crimes sim­il­ar to Polanski does­n’t help the oth­er, and appar­ently con­nec­ted, point that those who are, accord­ing to some, overzeal­ous about want­ing to bring Polanski justice are really on some sort of half-cocked anti-Hollywood-decadence cru­sade. Because if Polanski was one of a mob of such Hollywood rap­ists, then…
    But that’s not the point I want to make myself. The only things that mat­ter in this case to me are Polanski’s crime and the judi­cial mis­con­duct, the lat­ter of which, I think we can all agree, does not oblit­er­ate the former.
    Also, I don’t much like the idea that those who are “puff­ing them­selves up” about Polanski’s arrest don’t, deep down, care about the vic­tim. Some of them may not, but why single them out? Because the implic­a­tion would be that those who would have Polanski remain free and clear some­how care MORE about the vic­tim, and I can­’t quite twist my brain into an elaborate-enough pret­zel to buy that.

  • bill says:

    Also, @pap zita:
    “Polanski knew she was under­age, but I also believe he con­sidered her “exper­i­enced”, which was­n’t unreas­on­able (c’mon, why would she be at Nicholson’s party to begin with?).”
    That’s repulsive.

  • Glenn Kenny says:

    Well, Bill, I’m not hon­estly sure just how much those who are puff­ing up CAN actu­ally care about the vic­tim. That’s not to say that these people aren’t “sin­cere,” but there are prac­tic­able lim­its to com­pas­sion, empathy, and so on, and when I read things such as “we’ve all been wait­ing for justice here in America,” I can only think, “what the hell?” I’m reminded some­what of Yoko Ono after the murder of John Lennon; vari­ous and sun­dry folks would approach her and say “I know how you feel,” and her reflex­ive response would be, “No, you don’t.”
    In defense of Papa Zita, while the phras­ing of his obser­va­tions might have been some­what ill-advised, I under­stand what he’s get­ting at, and while I don’t think it in any way jus­ti­fies Polanski’s actions (geez, maybe I should put that in all-caps), I don’t think that the exam­in­a­tion of the era’s sexu­al mores in Marina Zenovich’s film about Polanski was unwar­ran­ted either.
    @Paul: I DO remem­ber David Hamilton’s pho­to­graphs. I’d see the books at Womrath’s in Hackensack when I was a kid. As I recall, most of them con­tained texts by Alain Robbe-Grillet.

  • tc says:

    If David Hamilton’s arty crap isn’t child porn, then I don’t know what is. That his pho­tos were ever leg­ally avail­able – not only in book form, but as pictori­als in “classy” skin magazines – just proves how unhinged the 70s were. Honesty forces me to add that back then they only made me queasy, not out­raged, but I was in high school and no philo­soph­er. I do remem­ber sus­pect­ing that their pre­ten­sions to art were a snow job, though, Alain Robbe-Grillet or no Alain Robbe-Grillet.
    Saying it was a dif­fer­ent era, which it was, isn’t a leg­al argu­ment or an alibi for Polanski. It’s just a cul­tur­al truth. At the time, neither soci­ety at large nor his own circle’s gaudy beha­vi­or were giv­ing him much reas­on to think this was par­tic­u­larly taboo or that he’d be pen­al­ized for it. That left his own mor­al scruples as the only deterrent, and … well, we all know how that worked out.

  • bill says:

    @Glenn – “Well, Bill, I’m not hon­estly sure just how much those who are puff­ing up CAN actu­ally care about the vic­tim. That’s not to say that these people aren’t “sin­cere,” but there are prac­tic­able lim­its to com­pas­sion, empathy, and so on, and when I read things such as ‘we’ve all been wait­ing for justice here in America,’ I can only think, ‘what the hell?’ I’m reminded some­what of Yoko Ono after the murder of John Lennon; vari­ous and sun­dry folks would approach her and say “I know how you feel,” and her reflex­ive response would be, ‘No, you don’t.’ ”
    Well, okay, but that isn’t actu­ally why you ori­gin­ally made the point, is it? Because reas­on­ably, the above logic could just as eas­ily be applied to your out­rage about Willingham, could­n’t it? Because you wer­en’t executed for a crime you nev­er com­mit­ted, nor, I’m assum­ing, do you know any­one who has. In this sense, none of us has any room to get TOO out­raged about any crime that was­n’t com­mit­ted against us or one of our loved ones.

  • tc says:

    @bill: Re “the implic­a­tion would be that those who would have Polanski remain free and clear some­how care MORE about the vic­tim, and I can­’t quite twist my brain into an elaborate-enough pret­zel to buy that.” The fact is that Samantha Geiner – whose good sense and cour­age are a won­der, if you’ve ever seen the HBO doc – just wants this to be over and has for many years now. A new tri­al would force her to revis­it the trauma and once again reduce the mean­ing of her life to the fact that she was “the girl in the Roman Polanski case.” My guess is you’re all for vic­tims’ rights when it comes to retri­bu­tion, so I don’t see how respect­ing her wishes is irrel­ev­ant just because she wants the book to be closed instead of thrown.

  • bill says:

    @tc – But do you think that those who believe Polanski should be free and clear of all charges are made up largely of people who are sup­port­ing Geiner, or people who just really like “Chinatown”? Sure, I’m sure some of them are, as Glenn puts it, “sin­cere”, but in my exper­i­ence most of them talk the kind of for­give­ness that has, as its core, a love for Polanski’s art (which I share), but if we’re going to be sep­ar­at­ing the art from the artist, that does­n’t just apply to choos­ing to watch their films des­pite think­ing they’re per­son­ally not such great people.
    As for Geiner’s for­give­ness – it’s won­der­ful that she’s able to do that, and your point is well taken. But let’s be prac­tic­al: should a vic­tim’s for­give­ness and wish to move on always trump leg­al retri­bu­tion? If not, than why should it in this case?
    And about that “shift­ing the goal­post” argu­ment: the plea agree­ment that was settled on was bull­shit. This does­n’t mean the judge did­n’t act improp­erly, and there would be no leg­al recourse had Polanski actu­ally served it, but 90 days psych treat­ment for what Polanski did? Does no one else think that this sen­tence is, on its face, pretty outrageous?

  • tc says:

    @bill: First off, sorry – it’s Geimer, not Geiner. I don’t want you to be stuck per­petu­at­ing my mistake.
    Otherwise, I obvi­ously don’t have insight into every­one else’s motives. I’m sure they run the gamut from atti­tudes I’d have no prob­lem agree­ing with to some I can­’t stand. I also by no means believe a vic­tim’s wishes should “always” trump leg­al retri­bu­tion – or leg­al restraint, for that matter.
    In this case, though, I think Geimer’s wishes count for a lot. If she were on TV say­ing she still wants the little creep behind bars for what he did to her – and lord knows she’d have a right – then I don’t think the “Polanski has paid enough of a price” or “But he’s a great artist” camps would have a leg to stand on.

  • bill says:

    But WHY? If for­give­ness does­n’t always trump leg­al retri­bu­tion, why do you think it should in this par­tic­u­lar case? That’s what I don’t get.

  • papa zita says:

    Saying it was a dif­fer­ent era, which it was, isn’t a leg­al argu­ment or an alibi for Polanski. It’s just a cul­tur­al truth.
    TC again makes clear what I did­n’t. I don’t excuse Polanski’s actions, just that what was going on then was part of the cul­ture, espe­cially in LA. I con­sidered it odi­ous at the time (besides, all the hot girls my age were going for col­lege guys or mar­ried men). Being a young shut­ter­bug, I had an older friend 30 years ago pay me $10 to go buy a David Hamilton book for him at the loc­al book­shop when I was still a teen­ager (I was always buy­ing photo books). I guess he did­n’t want to be known as a perv by the book­shop pro­pri­et­ors. When I looked at it, my thought was it was Playboy for horny 15 year olds, Robbe-Grillet or not Robbe-Grillet. Being a pho­to­graph­er, I’m not bothered by nude depic­tions of adoles­cents (their par­ents give per­mis­sion, you know), but Hamilton gave me a real porn vibe, unlike Sally Mann.

  • PaulJBis says:

    An usu­al retort that one hears, when dis­cuss­ing sub­jects like the death pen­alty, is “well, what would you think if they had killed *your* daughter?”
    Those who like to use that kind of retort, if they are con­sist­ent, would have to admit that in this case the vic­tim’s wishes should have more weight than their own wish for justice/revenge/whatever.
    (Of course, I’ve always thought that the first argu­ment was bull­shit, or at least a really bad way to run a crim­in­al justice sys­tem, so…)

  • tc says:

    @bill: It’s a sub­ject­ive call, that’s all. Geimer is the only injured party that we know of; while I would­n’t be a bit sur­prised if there were oth­er 1970s 13-year-olds who could tell the same story, they haven’t come for­ward. And she really, really does­n’t want this to go on defin­ing her life 32 years after the fact. I can­’t help sym­path­iz­ing with that.
    So I don’t much want to see Polanski back on tri­al. But if some kind of deal does get made and the charges are dropped, I would hope it was on terms that made his guilt clear and that could­n’t be taken as vin­dic­at­ing him. If any of his sup­port­ers treated it as proof he should­n’t have been pro­sec­uted in the first place, I’d throw up.

  • bill says:

    @papa zita – My objec­tion had less to do with your “cul­tur­al land­scape” argu­ment as it did with your “why did she go to a party at Jack Nicholson’s house in the first place?”* argu­ment, which has a highly uncom­fort­able “then why did she go up to the hotel room with him?” vibe.
    *The answer to that ques­tion, by the way, is that she was 13 and her mom brought her there.
    PS – “their par­ents give per­mis­sion, you know”
    So?

  • joel_gordon says:

    I don’t think that Geiner is going to have to re-live this hor­ror any more than she had to re-live it while media were doing pub­li­city for the doc last year. The rape case will likely be dis­missed or Polanski will get off with time served, and I don’t think the vic­tim will have to be in court. Retribution seems to be the only reas­on to throw him in pris­on on the rape charge–and, in the world’s busiest court sys­tem, where judges now take off two unpaid fur­loughed days a month, I don’t think this case will get as much of a hear­ing in down­town LA as it has on Some Came Running. However, I do think that there is a very good reas­on to pun­ish someone for evad­ing US law for 30+ years, regard­less of the crime. The only way to fight this charge is for Polanski to show up. He could have done so last year when law­yers tried to get his case dis­missed due to judi­cial mis­con­duct. Or he could have not trav­elled to coun­tries that extra­dite fugit­ives to the US. (And Glenn: my blood pres­sure is steady, my chest un-puffed, and I feel little emo­tion regard­ing this case. However, my Crim Law teach­er­’s appear­ance as pun­dit on a vari­ety of news out­lets piqued my interest).

  • Daniel says:

    She was­n’t at a party. It was a pho­toshoot. With Roman Polanski. She was a mod­el. Poor judge­ment on her mother­’s part, but that’s it, poor judgement.
    By her own admis­sion, if any of you dis­cuss­ing ACTUALLY BOTHERED TO READ THE SMOKING GUN TRANSCRIPT OF WHAT SHE SAID, she had had sex once before, so no, she was­n’t a vir­gin. She was drugged by Roman Polanski. She said no repeteadly. She anally raped her. He even asked her if she 1) had had her FIRST PERIOD already, which obvi­ously proves he knew very well she was a teen who’s recently been through puberty and 2) when was the last time she had her peri­od, since he did­n’t want to get her preg­nant, because he was SUCH A GENTLEMAN. The deed was done, she cried and he took her home.
    Now just shut up and stop defend­ing him. Be angry if he’s the scape­goat of all rap­ists, but do not go blam­ing a 13-year-old girl who said “no repeatedly” until she finallly let him have his way with her because she was ALONE WITH A MUCH OLDER MAN IN A HOUSE and because SHE WAS AFRAID. Just read the fuck­ing transcript

  • The Siren says:

    @Bill– “by the way, point­ing out that oth­ers in film his­tory have got­ten away with crimes sim­il­ar to Polanski does­n’t help the oth­er, and appar­ently con­nec­ted, point that those who are, accord­ing to some, overzeal­ous about want­ing to bring Polanski justice are really on some sort of half-cocked anti-Hollywood-decadence cru­sade. Because if Polanski was one of a mob of such Hollywood rap­ists, then…”
    No, not some half-cooked anti-Hollywood dec­ad­ence cru­sade – I had in mind the “everything wrong with Hollywood and this coun­try began in the 1960s” cru­sade. The Polanski case has always drawn that out of cer­tain cul­ture war­ri­ors and is why I was care­ful to refer to his generation.

  • Tom Sutpen says:

    If Roman Polanski had been hauled in on a statch rape com­plaint, made bail and then fled the coun­try … which, from news reports in the last 36 hours, seems to be what every­one thinks actu­ally happened here … then I’d be all for his extra­di­tion; though I would ques­tion (as I do now) the zeal with which LA Country has appar­ently revis­ited this mat­ter after three dec­ades. The fact that Samantha Geimer is urging that Polanski be left alone is import­ant for gauging the sever­ity of her trauma (or lack there­of) after all these years, but as a purely leg­al mat­ter it’s irrel­ev­ant. Statutory Rape is on the books as an offense against the People. The law is unam­bigu­ous: con­sent means noth­ing; the good­will of the vic­tim means noth­ing. What people are for­get­ting here is Why Polanski Fled.
    There was a plea deal; agreed to by all parties in the case *includ­ing* that emin­ent jur­ist, Laurence J. Rittenband: The court would order that Polanski be sent to Chino for a Psychiatric eval­u­ation; the judge would then fol­low its recom­mend­a­tion at sen­ten­cing. Fine. They send him out there, the shrinks determ­ine that he’s not a rape‑o, not a pedo­phile, not a danger to the com­munity; they write a report reflect­ing said determ­in­a­tion; recom­mend­ing a sen­tence of Time Served and send­ing him home. He’s out of Chino in 42 days (*not* an easy stretch, regard­less of how long he was there).
    Long story short, Rittenband sud­denly backs out of the deal just before sen­ten­cing, and on the most dubi­ous grounds ima­gin­able (an extremely pro­sa­ic news­pa­per pho­to­graph of Polanski at that year’s Oktoberfest); decid­ing that he’s going to uni­lat­er­ally void the agree­ment, toss the Psych eval­u­ation and send Polanski up for the max­im­um pen­alty under the stat­ute. At the very last minute (accord­ing to Polanski’s law­yer *and* the Assistant DA on the case) Rittenband pre­sum­ably real­izes that his About Face would look even worse in the papers than the sup­posed leni­ency of the plea deal, so he con­cocts this baroque, jaw-dropping piece of Judicial Theater whereby he would hand Polanski the max­im­um in open court, then have every­body come back that even­ing for a hear­ing in cham­bers where he would com­mute the sen­tence to Time Served, just like the shrinks at Chino said he should.
    Roman Polanski, then, had a choice: He could trust an incom­pet­ent, borderline-senile glory-hound of a jur­ist … one who had repeatedly demon­strated dur­ing that case just how out-of-control a Judge could be … and risk end­ing up on C‑block, wait­ing for the appel­late courts to crawl to his res­cue while every badass in the joint reminded him what they do to baby-rapers … OR … he could run.
    He ran. And I don’t fault him for one second.

  • joel_gordon says:

    While I may not quite agree with your “solu­tion” to judi­cial misconduct–jumping bail because you fear that a judge might give you the max­im­um sentence–I think that was a fairly lucid explan­a­tion for what inspired Polanski’s exile. Mostly, though, I am tickled by the idea of Thomas Sutpen weigh­ing in on a case of stat­utory rape. When will Humbert Humbert chime in?

  • Tom Sutpen says:

    I was­n’t detail­ing it as a solu­tion to any­thing. My point is that Polanski had a reas­on for flee­ing the coun­try that was not wholly unreasonable.
    People in 2009 seem to have the impres­sion that Polanski made bail, then made a beeline for the air­port the minute he hit the street; that he was, in oth­er words, like every oth­er bail jump­ing felon in cre­ation. In point of fact, he plead guilty and did the time he was ordered to do under the terms of an agree­ment *all* parties had signed-off on. He went through the pro­cess in good faith (one can argue that the plea deal was insuf­fi­cient, and that justice was not served by it; that’s anoth­er mat­ter entirely). I don’t think this con­text can be emphas­ized enough.
    In clos­ing … I abjure all respons­ib­il­ity for the sor­did past of my lit­er­ary namesake.

  • Diane Rainey says:

    Yes what Polanski did was wrong and there should indeed be some leg­al rami­fic­a­tions for his actions. However, to see the usu­al cast of char­ac­ters sail out against him is so pre­dict­able. I call it the “Glenn Beck-ing” of mod­ern day America. It’s get­ting tiresome.

  • The Siren says:

    BTW Glenn, if I may bring up an actu­al film – thanks for repeat­ing the Tess shout-out. That one is long over­due for a reassessment.

  • djw says:

    Glenn, I can see how and why you find Big Hollywood crowd’s mor­al­ist­ic hand­wringing pretty annoy­ing and quite silly. Where we dif­fer, I think, is when I read things like papa zit­a’s rape-minimizing non­sense, I’m 100 times more put off than any­thing in the first cat­egory. That kind of garbage has been flow­ing far too freely from people who really should know bet­ter, and it frankly makes me want to join arms and march with Rod Dreher.

  • tc says:

    @Mr. Sutpen: I can under­stand you want­ing to dis­avow the whole busi­ness with Wash Jones and so on, but please don’t shat­ter my illu­sions by telling me that Tom Sutpen is actu­ally the name you were born with. It’s my favor­ite Internet handle of all time, and I was happy giv­ing you and Wm. Faulkner – not your par­ents – the cred­it for it.

  • Re Diane Rainey’s comment:
    It can­’t com­pletely be called “Glenn Beck-ing” since people on the Left (includ­ing recent fires-of-Hell-be-upon-Polanski op-eds on Salon.com and Jezebel.com) are weigh­ing in with the same kind of hanging-judge severity.

  • Vidor says:

    ****What’s always inter­ested me is the vehe­mence of those who would bring Polanski to “justice,”****
    Well, I guess people tend to feel strongly about those who drug and rape chil­dren, and then skip the coun­try to avoid punishment.

  • Vidor says:

    ****Nor am I excus­ing his actions.****
    Well, yes, yes you are. Saying that the state of California should make no effort to arrest him is excus­ing his actions. (And the bit about California being broke is a total red her­ring, since to date the amount of money spent on appre­hend­ing Polanski was prob­ably no more than a phone call to Switzerland). Comparing Polanski to a com­pletely irrel­ev­ant case involving a man unjustly executed both implies that he is inno­cent (he isn’t) and that actu­ally ask­ing a man who entered a guilty plea to stand in a court and take his pun­ish­ment is some mis­car­riage of justice.
    Look, this isn’t com­plic­ated. Polanski drugged and raped a child. He entered a guilty plea. He is a fugit­ive from justice. He will, with luck, soon serve the pris­on sen­tence that he should have served thirty years ago.

  • PaulJBis says:

    Vidor: I have writ­ten above that I con­sider Polanski a rap­ist (not “stat­utory” or any­thing), so I have no prob­lem with him being brought to justice. The prob­lem oth­ers are point­ing out, I believe, is one of double stand­ards: why so much effort in one case and so little in oth­ers? Why so much vit­ri­ol in one case and barely a shrug in others?
    If justice is what we care about, cer­tainly an inno­cent man being executed is as ser­i­ous (or more) than an indicted man being on the run for 30 years, and yet… well, ask some of the virtual-pitchfork wield­ing crowd how they feel about that dude in Texas. One can­’t help but won­der wheth­er so much anger dir­ec­ted in this case has some­thing to do with its cul­ture war aspects. Which is, you know, per­fectly com­pat­ible with Polanski actu­ally being guilty.

  • Vidor says:

    How much effort are we talk­ing about here? A phone call to Switzerland? Maybe a fax? A few one-way air tick­ets from Zurich to Los Angeles?
    Justice is served in a mil­lion dif­fer­ent court rooms every day. It’s served when the inno­cent are acquit­ted, when guilty mur­der­ers are con­victed, when people who con­fess to stat­utory rape are sen­tenced, and when I got a tick­et for going 84 in a 65 mph zone. I dis­pute the notion that there is a finite amount of justice and the fact that Roman Polanski is going to be extra­dited means that some­where an inno­cent man will be executed. Frankly, talk of the man in Texas is irrel­ev­ant to this top­ic, unless one talks about that incid­ent in order to min­im­ize what Polanski did.
    You can make all kinds of guesses why people care about this case more than oth­ers. The obses­sion with celebrit­ies. The extreme sens­it­iv­ity to child sexu­al­ity in American cul­ture. Resentment at a wealthy and tal­en­ted man being able to zip off to Europe and escape pun­ish­ment when all the folks who aren’t best friends with Debra Winger actu­ally have to serve pris­on terms after plead­ing guilty to rape charges. I don’t know. What I do know is that people who plead guilty to crimes do not get to dic­tate the terms of their pun­ish­ment. A Los Angeles judge will decided what Polanski’s pun­ish­ment will be. Polanski, for his part, will use all his oodles of money to pay for the very best law­yers in order to min­im­ize that pun­ish­ment. That’s the way the sys­tem is sup­posed to work.

  • John M says:

    I think Vidor’s last para­graph there is a per­fect summation.

  • r woods says:

    I think Vidor’s right. Celebrity and power are why people care about Polanski and not about the Texas case. One can bemoan this, but I think it’s pretty well-established that people love get­ting “humoung­ously right­eous” about celebrit­ies, wheth­er the trans­gres­sion is large or small. I don’t think this is going to change any­time soon.
    The flip­side of this is that Polanski’s attention-drawing celebrity/money/power gives him access to pre­sum­ably excel­lent leg­al resources and, evid­ently, the sup­port of a bevy of film world giants and French gov­ern­ment officials.

  • r woods says:

    Also, I agree strongly with djw. I hon­estly don’t know why so many people are wast­ing their breath defend­ing Polanski, either dir­ectly or obliquely. Yeah, maybe the right­eous­ness of cul­ture war­ri­ors is annoy­ing, but if that’s the thing that both­ers you most about the Roman Polanski saga, I think you need to reas­sess the situation.

  • Mike says:

    Anyone have any love for “The Ninth Gate”? I think it is time for a
    reas­sess­ment. And, hon­estly, Polanski got screwed by the justice sys­tem. He did some time in Chino. Not fun. Do we make excep­tions for bril­liant men? Absolutely. And it’s clearly not right. But should I feel guilty for com­ing down harder on, say, a non-talent like Victor Salva, who video­taped his crimes for his own per­son­al amuse­ment? Only if the mor­ons respons­ible for posthumously-deifying Michael Jackson(kids in bed, dangling baby, the entirety of “Invincible”) cry “Uncle” first. And if Roman Polanski’s defend­ers make you want to roll with Big Hollywood, then any sort of con­vinc­tions you had were not deeply held to begin with. Did I men­tion I liked “The Ninth Gate”? Lena Olin and Emmanuelle Seigner(best move Polanski ever made) in the same movie? Holy mama!

  • John M says:

    Solid argu­ment, Mike. Your days on the Oxford Debate Team did you good.

  • djw says:

    Some of us, Mike, can sep­ar­ate our aes­thet­ic judg­ments from our eth­ic­al and polit­ic­al ones. (I thought he richly deserved his Oscar for The Pianist AND he prob­ably belongs in jail.) And if by “roll with big hol­ly­wood” you mean to simply acknow­ledge that through a very par­tic­u­lar and spe­cif­ic con­cat­en­a­tion of cir­cum­stances, they have (almost entirely inad­vert­ently and extremely clum­sily) stumbled into the gen­er­al vicin­ity of a defens­ible pos­i­tion, I don’t find it par­tic­u­larly hard to admit that such a thing has occurred. By sheer ran­dom chance, it was bound to hap­pen at least once.

  • b.g. says:

    Fuck you, you rape-apologist piece of shit. Not just for your defense of Polanski but for the com­ments I’ve seen you make else­where, derid­ing the emphas­is on Polanski’s, you know, hav­ing RAPED A CHILD as “pearl-clutching.” Yeah, us hys­ter­ic­al bitches, get­ting all worked up just because some man had to get his rocks off! Fuck you.

  • Glenn Kenny says:

    @ b.g.: Ben Gazzara? Nah, I think not.
    Well, it was nice while it las­ted; 60-plus com­ments without a troll. I’m temp­ted to lock the thread, but I won’t, but I also won’t make fur­ther com­ment on the case, at least here. Maybe in my Auteurs’ column Friday. But that’ll be it.

  • tc says:

    Oh, lock it. I’m done, and I like to think I was far from the worst.

  • Matt W. says:

    I’m not going to take the bait and get angry or exhausted over this post – I love your blog, Glenn, just as I love the films of Wong-Kar-Wai and many of the oth­er dir­ect­ors who are offer­ing illo­gic­al, emo­tion­ally charged argu­ments against the extra­di­tion of Polanski … but will you fill in the blanks for me here? I teach a class that involves a lot of form­al logic, and as best I can tell, this is your argu­ment in a nutshell:
    * America – in par­tic­u­lar Texas (the state where I was born, and live, and have done a fair bit of leg­al volun­teer work with a non­profit cap­it­al appeals clin­ic) – has a deplor­able, dis­gust­ing, classist crim­in­al justice sys­tem. (I com­pletely accept this premise, by the way, and not just for the sake of argument.)
    THUS:
    * A celebrity fugit­ive and admit­ted child rap­ist** who has used his wealth to evade arrest for thirty years should not be arres­ted and extra­dited to face punishment.
    (**No, not “stat­utory rap­ist”; that was the charge he pled guilty to, as part of a plea bar­gain; the facts of the crime, which are not in con­tro­versy, actu­ally sup­port charges of rape and for­cible sodomy.)
    Glenn, I hope that instead of shout­ing back to me (or ignor­ing me), you’ll admit that you were in error here. Invoking the lives of the wrongly executed in the course of arguing that a bril­liant, fab­ulously wealthy artist should be immune from pun­ish­ment for rape is simply wrong. So is stat­ing, falsely, that “nobody is froth­ing” about the plight of the wrongly accused when in fact many people have ded­ic­ated their entire lives to chan­ging America’s crim­in­al justice sys­tem. That our voices have been drowned out does­n’t mean we aren’t speak­ing, or that we don’t care.
    Finally: believ­ing that cap­it­al pun­ish­ment should be abol­ished, and that the indi­gent crim­in­al defense sys­tem in this coun­try must be over­hauled, is not incon­sist­ent with demand­ing that a rich and fam­ous per­son face the same crim­in­al pro­cesses that a poor per­son would face. On the con­trary, the oppos­ite argu­ment – that Polanski is spe­cial, because he had the resources to flee pun­ish­ment for thirty years – is hope­lessly incon­sist­ent. If the law is unjust for Polanski, demand that it be changed for every­one – and make rel­ev­ant demands; Polanski is not facing exe­cu­tion in Texas, nor was he wrongly accused of anything.
    I’m not puff­ing up my chest, and I’m not an asshole or a mor­al­ist, though I’m sure I’ll be called both; I’m a sec­u­lar pro­gress­ive and a strong admirer of Polanski’s work, and I’m genu­inely unhappy with this post.
    PS: Also, that guy at the LA Times was right; Sunrise sucks.
    PPS: Just kid­ding; the LA Times guy is an idiot.

  • Matt W. says:

    PS: My last post gave the incor­rect impres­sion that I’m someone who’s “ded­ic­ated [my entire life] to chan­ging America’s crim­in­al justice sys­tem.” That’s not true – though it would be awe­some if it were. I only meant to say that I give a shit, and have occa­sion­ally (though not often enough) put my money where my mouth is through volun­teer­ing, dona­tions, and polit­ic­al activism.

  • Glenn Kenny says:

    @ Matt W: Okay. I’m not going to shout back to you. I allow that I did not for­mu­late my argu­ment in the ori­gin­al post as well as I could have, nor was it neces­sar­ily the smartest course of action to make some kind of com­par­is­on that could be so eas­ily revealed as apples and oranges. What my objec­tion was—what my objec­tion has always been—has to do with rhet­or­ic. I look at the people who are howl­ing about how Polanski is finally going to have to face “American justice” and I won­der just what it is they have so per­son­ally inves­ted in the case. And I don’t believe it has all that much to do with some noble notion con­cern­ing a rap­ist being brought to justice. You talk about “demand­ing that a rich and fam­ous per­son face the same crim­in­al pro­cesses that a poor per­son would face.” And, for Kate Harding and many, many oth­ers, Roman Polanski IS that per­son. And any­body who even says “yes, but…” gets shouted down: “He RAPED A CHILD!!!”
    Make no mis­take: I think Whoopi Goldberg is an ill-informed clod and a mor­al idi­ot. And I thought that about her even before she made her mon­strous obser­va­tion that what Polanski did was­n’t “rape-rape.” Let me go fur­ther: I think that though the tim­ing and the cir­cum­stances of its serving frankly stink (Polanski col­lab­or­at­or Robert Harris’ NYT op-ed piece, while admit­tedly biased, is a good guide to this:
    http://www.nytimes.com/2009/09/30/opinion/30harris.html), I do not ques­tion the valid­ity of the war­rant in ques­tion. It’s a fair cop, in a sense, and Polanski should know it, as should his vari­ous coun­sel. I do won­der what the actu­al war­rant says. I sus­pect it speaks more to his fugitive-from-justice status than to the ori­gin­al crime. Should Polanski ever be com­pelled to appear before a court in Los Angeles, this detail may tend to dis­ap­point Kate Harding and her death-threat-making, “fuck you you rape-apologist piece of shit” chil­dren. And they are her children.
    Sorry. Couldn’t help myself on that last bit. But I hope this addresses your ques­tions. I don’t like rape and I don’t like rap­ists, and yeah, it’s happened to people close to me. But there’s quite a bit at play here that does not lend itself to a com­pletely Manichean read­ing. And there’s also quite a bit of self-congratulation.

  • joel_gordon says:

    As much as I favor the extra­di­tion of this fugit­ive, and as much as I believe Geimer’s grand jury testi­mony regard­ing the crime, I’m con­fused by people who say that Polanski is an “admit­ted” rap­ist rather than an admit­ted stat­utory rap­ist. He pled guilty to the lat­ter; that was the plea bar­gain, right? The reas­on that the facts of the for­cible rape are not “in con­tro­versy” is because they were nev­er going to be adju­dic­ated once the guilty plea for stat­utory rape was accep­ted. The charges were nev­er brought. Polanski did not have to con­fess to it, or to stand tri­al for it. In real­ity, there is a great big shroud over the events of that day, one that Polanski, Geimer, and the justice sys­tem have chosen not to remove. While I think that Polanski drugged and bru­tally raped a tri­al, and feel that her grand jury testi­mony is the truth, I’m not sure that Polanski has admit­ted to everything. I like justice, too. But it won’t hap­pen here–not in the way that people seem to want. Remember your Gaddis: “You get justice in the next world; in this world, you have the law.”

  • Oh spare me – if you folks can find an excuse crawl­ing under a rock (it’s cos “he’s European” my ass) you cant wait to shine your light in there.
    It isnt just the so-called mor­al­ity police (you’d prefer the immor­al­ity police, the pro-child rape police?) mak­ing a fuss about this. It’s the laugh­ably ignor­ant cam­paign star­ted by Thierry Fremaux with the help of the dir­ect­ors’ more fam­ous bud­dies that has made people go what-tha‑f???
    Polanski could have saved him­self the trouble if at some time in the last 28 years he’s returned to face the music and own up to his per­son­al respons­ib­il­ity like an adult – by now he’d be allowed to travel any­where. He did­nt. His decision. A cow­ardly one.

  • joel_gordon says:

    Correction to above post: he raped a “girl,” not a “tri­al.” Been a long day.

  • The funny thing is, Glenn, that it was clear to me the post was about rhet­or­ic and also, I would add, the self-righteous addic­tion to out­rage. But if you at any point ques­tion the sin­cer­ity of those who seem so inves­ted in Polanski being sent to jail (while not get­ting worked up if, say, an inno­cent man is executed), the response is often to be accused of sym­path­iz­ing with a child rap­ist. More outrage!
    I think a lot of people missed the point of this post by a mile and went into either knee-jerk anti- or pro-Polanski modes. Why does every argu­ment have to wind up into this “either you’re with us or with them” atti­tude where I don’t want to be on either side? In anoth­er words, if I have to choose wheth­er to side with cinephile apo­lo­gists lack­ing mor­al com­passes or self-righteous pseudo-moralists, leave me out.
    Polanski being a great dir­ect­or should have no bear­ing on wheth­er he serves time for a rape that we all know he is guilty of. His sup­port­ers need to recog­nize that no dir­ect­or is a god and they are the same fucked-up human beings we all are. Making great films does­n’t trump his obvi­ous guilt for com­mit­ting a crime. And, on top of that, he fled the coun­try like a cow­ard rather than face the pun­ish­ment. Let justice, as flawed as that sys­tem is, hope­fully take its course now.
    And, yes, most of the vocal out­ra­gists (yes, I just coined that phrase) prob­ably could care less about the vic­tim. It’s more about an agenda where they get to demon­strate their mor­al superi­or­ity to any­one who’s will­ing to listen, par­tic­u­larly when the tar­get of deri­sion is fam­ous. As I said earli­er, this is an oppor­tun­ity for them to vocally pro­nounce how “mor­al” they are. Well, good for them. I’m sure none of these people are cap­able of doing great wrongs onto oth­ers, right? The last I checked, mor­al­ity is a day-to-day per­son­al struggle that you work at, not a gift handed down from the heav­ens to only spe­cial people who then preach to oth­ers because they con­sider them­selves infallible.
    Basically, a crime is com­mit­ted against Ms. Geimer (who had the double mis­for­tune to be raped by a fam­ous per­son in a celebrity-obsessed cul­ture that would nev­er had truly left her alone even if Polanski had­n’t fled even though his flee­ing obvi­ously exacer­bates this situ­ation) and now she and her fam­ily gets to watch as some­thing ter­rible done to her gets politi­cized. Fodder for 24 hour news and inter­net mes­sage boards where, let’s face it, con­sid­er­ing how nar­ciss­ist­ic most people are, we really make it all about ourselves.

  • bill says:

    Personally, I just read Kate Harding’s art­icle today. I did­n’t need her to tell me that, when a crit­ic (not you, Glenn) admits that Polanski “harmed a young woman”, while using words like “grot­esque” and “bully” to describe their anger and bewil­der­ment at those who would give Polanski a pass (and many would), and only gets around to using the word “rape” when he’s look­ing to score points off the oth­er side, then some­thing is wrong some­where. The way the English lan­guage is being used by Polanski’s defend­ers is exhib­it A.

  • Vidor says:

    ****I do won­der what the actu­al war­rant says. I sus­pect it speaks more to his fugitive-from-justice status than to the ori­gin­al crime.****
    I don’t under­stand this com­ment and the fol­low­ing sen­tence about dis­ap­point­ing Kate Harding. Why would the war­rant speak to the ori­gin­al crime? The ori­gin­al crime was already adju­dic­ated when Polanski entered a guilty plea.

  • Glenn Kenny says:

    Not to put too fine a point on it, Bill, but see b.g.‘s com­ment, above. How do you like the way he’s using the English lan­guage? And anonym­ously, yet. Can we make him “exhib­it B”?
    I’ve said that I think Whoopi “not ‘rape’ rape” Goldberg is an ill-informed clod and a mor­al idi­ot. Richard Cohen is a reg­u­lar idi­ot. Anne Applebaum is disin­genu­ous, to say the least. And so on. And now I’ll say that b.g. is a child of Kate Harding.

  • Glenn Kenny says:

    @ Vidor: You say “the ori­gin­al crime was already adjutic­ated when Polanski entered a guilty plea.” Exactly. Harding and her min­ions expect that Polanski will be tried for rape if and when he is extra­dited to the states. He will not. The only reas­on I hedged there was because I haven’t seen the actu­al war­rant. Which means I should still hedge. Nevertheless…

  • bill says:

    @Glenn – Fair enough. Bernard Goetz has you entirely wrong and throws around “rape-apologist” like Jeffery Wells throws around “Hungarian anim­al rape” (or whatever the term is he uses to describe what he thinks Polanski did­n’t do), but I still have to say: “pearl-clutching”? This post starts off on the attack, by imply­ing that those who would prefer to see Polanski face the music are doing so in order to pat them­selves on the back (“puff up their chests” and “self-righteous” being the key phrases). Everyone on the side oppos­ite your­self gets tarred right out of the gate.

  • Glenn Kenny says:

    @ Bill: Bernard Goetz, now that’s funny.
    And, fair enough—I came out the gate pretty strong (that’s my self-forgiving phrase for “obnox­ious”). I don’t think I’ve been utterly dis­proven, but I have been thor­oughly dis­pir­ited by a lot of what’s been said by those on my side of the fence. If I can even call it my side of the fence any­more. I like to think I’ve been refining/clarifying my pos­i­tion as I go along. Here’s a part of what I might be post­ing at The Auteurs’ tomor­row: “Yes, I think Roman Polanski did a ter­rible thing. Committed a very ser­i­ous crime. The whole scen­ario ser­i­ously creeped me out even back in the ’70s, when sexu­al mores were so dif­fer­ent, appar­ently. But also, even then, I thought, well, I like the guy’s films, and sure enough he’s had it pretty tough in his life, but hell, what he’s accused of doing is a big deal crime…and a mat­ter for the courts. I was what you’d call dis­in­ter­ested. And when he skipped out, I thought, ‘Well, look at that.’ Disinterested again. I’ve nev­er felt com­pelled to stand up and shout, ‘Bring Roman Polanski to justice!’ Or, for that mat­ter, ‘Exonerate Roman Polanski!’ I thought the recent doc on his case brought some very inter­est­ing data to light, but that it was also a trifle too infatu­ated with its sub­ject for its own good.”
    If the people on your side, or maybe now it’s my side, what the hell (kid­ding there), were merely say­ing, “He was a fugit­ive from justice, and now he’s been appre­hen­ded, and that’s all well and prop­er and as it should be,” that would be one thing. But that’s not what so many of them are say­ing. So many of them are also say­ing that any­one who sees a shade of gray here, who won’t fall into lock­step in Manichean bloodthirsty con­dem­na­tion, is an apo­lo­gist for rape. More than self-righteous, it’s self-congratulatory.
    And again, agreed: phrase­mak­ing along the lines of “Hungarian anim­al rape” does­n’t help mat­ters, and is sick-making.

  • bill says:

    Glenn, I do think – although I obvi­ously can­’t prove this – that were the argu­ments against extra­di­tion based more often on the prob­lems you have with the idea, the fur­or from the oth­er side would­n’t be quite so intense. Obviously, at this stage, I don’t have to tell you what too many of the argu­ments from Polanski’s defend­ers do actu­ally sound like, and yet… I’ve heard that Polanski deserves “spe­cial dis­pens­a­tion” for being a Great Artist (ser­i­ously, I’ve heard that one), I’ve heard that it was­n’t “rape-rape”, I’ve heard that the girl was forced on Polanski by her moth­er, I’ve heard it was the 70s, I’ve heard that it was a “youth­ful mis­take” (Polanski was 43), and on and on. If it’s enough to make you, who is ostens­ibly sym­path­et­ic to that cause, furi­ous, ima­gine how it makes the rest of us feel?
    Which does­n’t excuse rolling right over more nuanced argu­ments and ignor­ing the actu­al points you, and oth­ers, have made, but it per­haps explains it a little. And I think you’re slightly wrong about what people on my side of the fence are say­ing, and what is at the root of this anger we feel. We want the law prop­erly enforced here, yes, but we also want the crime to be called what it was, and not danced around or treated lightly. It is a ter­ribly ser­i­ous crime, and that guy say­ing Polanski “harmed a young woman” still makes me mad.

  • Vidor says:

    ****Exactly. Harding and her min­ions expect that Polanski will be tried for rape if and when he is extra­dited to the states. He will not.****
    I don’t know how many people do and don’t under­stand that. One would hope that any­one informed enough to write columns about the mat­ter would know that what’s going to hap­pen, should Polanski be exped­ited, is that he will face a judge to receive sen­ten­cing. Wouldn’t be too con­fid­ent the sen­tence will be mer­ci­ful, BTW. Skipping town and flee­ing to France is not the kind of thing that encour­ages a judge to let you get off with probation.
    As for sides–well, Mr. Kenny, many of the people on your “side”, if it is a side, ARE apo­lo­gists for rape. As you have noted (Whoopi, Robert Harris, Applebaum) and oth­ers you did­n’t men­tion (Debra Winger, who should be ashamed of herself).
    As far as being ‘disinterested’–from my “side”, if it is a side, I was not pelt­ing the Los Angeles District Attorney’s Office or the French Embassy with angry let­ters. I was dis­in­ter­ested. In fact it used to bug me when inter­net dis­cus­sion threads about “The Pianist” or what­not would devolve into angry snip­ing about the girl Roman Polanski raped dec­ades ago. But once he was actu­ally arres­ted and it was announced that he was facing extra­di­tion? He has it coming.

  • Vidor says:

    Whoops, “extra­dited” not “exped­ited”.

  • DUH says:

    To chime in very belatedly on what I sup­pose is the “bill” side of the fence (first time for everything!), here’s what I find…weird about your reac­tion, Glenn: you seem con­sid­er­ably more bothered by the obnox­ious way some people have respon­ded to the rape in ques­tion than by the rape itself. That sug­gests to me that your outage-meter needs to be recal­ib­rated, as I had to recal­ib­rated mine on this issue.
    I am sym­path­et­ic to your evolving pos­i­tion because my very first reac­tion to Polanski’s arrest was to roll my eyes at the American author­it­ies and selfishly won­der how this would affect his capa­city to make movies I enjoy. But then I read occa­sion­al SCR-commenter Scott Lemieux’s post on this (http://lefarkins.blogspot.com/2009/09/polanski-arrest.html) and star­ted to think a bit more about this. And you know what? I ended up com­ing to the con­clu­sion that, giv­en where things are now, Polanski should be extra­dited and sentenced.
    While it’s very unfor­tu­nate that this provides the oppor­tun­ity for a lot of ugly chest-beating, in the end, that’s out­weighed by Polanski’s own acts and by the import­ance of the rule of law. You’re really let­ting the chest-beaters win if you just reflex­ively take up the pos­i­tion oppos­ite theirs. Better to simply ignore them and to your own conclusions.

  • Glenn Kenny says:

    @ Vidor: If you really believe Harris is an apo­lo­gist for rape and belongs in the same com­pany as Goldberg and Applebaum, you did­n’t read him very care­fully. Yes, he abso­lutely admits a per­son­al bias as a friend and col­lab­or­at­or of Polanski’s. But late in the piece he says this: “Of course what happened can­not be excused, either leg­ally or eth­ic­ally.” That’s a pretty clear state­ment, no? And to pro­ceed from there and ask “who bene­fits” is not in and of itself an ille­git­im­ate argument.

  • Vidor says:

    ****That’s a pretty clear state­ment, no?****
    Reads as a pretty curs­ory CYA dis­claim­er, from my perspective.
    ****And to pro­ceed from there and ask “who bene­fits” is not in and of itself an ille­git­im­ate argument.****
    It isn’t? When did “who bene­fits” become the stand­ard for which ver­dicts to enforce and which to blow off? What would even lead someone to ask that, unless that someone was look­ing for excuses to spring Roman Polanski from the jail­house? (Followed sub­sequently by get­ting a moribund “Pompeii” pro­ject going, maybe.) Roman Polanski com­mit­ted a crime, pled guilty in court, and skipped town to avoid pun­ish­ment. Those are no-nos. All that we, if by “we” I can refer to those who want Polanski extra­dited, ask for is that the sys­tem is allowed to play out as it is sup­posed to.

  • Glenn Kenny says:

    You know, not for any­thing, but I sort of resent any implic­a­tion that my rape-sensitivity-meter needs to be recal­ib­rated. You really don’t know any­thing about it. And I’m not about to tell you of my own exper­i­ences with rape and rape vic­tims to prove any sort of point. It’s exactly that sort of thing that does both­er me: that if one declines to express a per­son­al­ized emo­tion­al out­rage over what Roman Polanski did to his vic­tim, one is in effect guilty of some­thing almost equally hein­ous. Yes, I am appalled by rape on gen­er­al prin­ciple. I cringe at the rape jokes in such oth­er­wise very enjoy­able films as “Blazing Saddles.” And I am close—very close—to someone who was raped at knife­point. I expen­ded a lot of rage on that per­son’s behalf. Didn’t end up mak­ing much dif­fer­ence in the end. Expending per­son­al rage on people who are strangers (full dis­clos­ure: I shared an elev­at­or with Polanski once) has nev­er made sense to me. Which isn’t to say that I am indif­fer­ent to injustice. But…
    Christ. This really is what David Foster Wallace would call a “vexed issue.” Didn’t I say I was gonna close this fuck­ing thread?…

  • The Siren says:

    Glenn, your patience with this thread amazes me.
    I thought the ori­gin­al post was fine. It was tart, but I don’t come here want­ing Mitch Albom. If you had­n’t left room for reasoned dis­agree­ment I would­n’t have spoken up.

  • DUH says:

    Glenn, I apo­lo­gize if you took offense at my com­ment. I did­n’t mean for my “recal­ib­ra­tion” meta­phor to track your feel­ings of per­son­al offense, which I agree are beside the point. I meant for it to track your publicly-expressed and con­sidered *judg­ments* about how to respond appro­pri­ately to the leg­al and eth­ic­al ques­tions on the table before us.
    I don’t doubt your per­son­al out­rage at rape and I’m genu­inely sorry to put you in a pos­i­tion where you felt you had to play your rape-credibility card by relat­ing some­thing hor­rible that happened to a loved one. As I explained in my com­ment, my own first reac­tion to hear­ing about Polanski’s arrest was not at all per­son­al out­rage in either dir­ec­tion, so I could hardly cri­ti­cize you on those grounds. I meant only to ques­tion how you were weigh­ing vari­ous factors in react­ing to the over­all debate, which remains (I think) a legit­im­ate ques­tion. That’s not at all meant to be a cri­tique of you as a per­son, but a dis­agree­ment with your expressed opin­ion – a dis­agree­ment that I expressed some­what clumsily.

  • Robert Merk says:

    Whether address­ing this par­tic­u­lar thread or the com­plete mess that is the Polanski case…
    Maybe it’s time to extin­guish the torches, put away the pitch­forks and do what it appears Geimer has done and sug­ges­ted we all do as well and move on with our lives.
    No mat­ter the amount of pon­ti­fic­a­tion one does for whichever side, the mat­ter is out of our hands. Time for the law­yers to earn their money.

  • Glenn Kenny says:

    I think Mr. Merk’s is an apt com­ment on which to close this thread. Although I do want to reas­sure DUH that I’m not tak­ing his first com­ment per­son­ally. I mean, I did take it per­son­ally, obvi­ously, but I don’t at all hold it against him. And that will be that, here, for now.