Roman Polanski arrested (discuss)...

[let`s talk]

Not sure about Californian, but statutes of limitation often only apply to the delay between offense and being charge/indicted on an offense. Delays in the process are usually not seen as cause for dismissal if they are caused by the suspect/defense.

Walt

ETA: IANAL

According to the law of the country that I quoted the running of the limitation period shall be resumed upon his acknowledgement of guilt.

It happened more than 30 years ago. The point is that the law in the US are too ridiculous. What can they do with him now? To lock till his death? It will not happen. Let`s see.

 

[kongstad]

Question: is this the only time he's been accused of paedophilia?

In fact he was accused of raping a minor, plead down to having sexual relations with a minor.

This isn't necessarily pedophilia, depending on how you define the term. The medical definitions would seem to favor a attraction and or acts with prepubescent youths.

I do not know anything about the victim, but at thirteen, she might and might not have been well into her puberty by then, making the ac pedophilia for legal reasons alone.

This is not defense of his actions, rape is rape, and rape of minor is particularly vile, but the accusation of pedophilia carries such a social stigma, that I find that it should be used carefully.

Not that it matters in this case, but many lives have been ruined simply by the accusation of pedophilia.

 

[ponderingturtle]

And now he's a famous food critic in Japan. How's that for irony?

See if Polanski and murder her there would be no issue about him being a free man, like Ira Einhorn. France just hates the idea that murdering or abusing women is bad.

 

[Professor Yaffle]

Still waiting for them to arrest Bill Wyman though.

 

[WildCat]

In the US? No periods of limitation?

He was already convicted, so the statute of limitations is not a factor. IIRC, it only applies to bringing charges, and those were brought shortly after the incident.

 

[WildCat]

No, she was 15. At the time - as now - the ages of consent in France and Germany were 14 and 15 respectively.

Still shows he has a thing for pubescent girls, and this wasn't some anomaly.

 

[WildCat]

About statutory rape law, interresting stuff :

http://law.marquette.edu/lawreview/Spring 2006/Olszewski.pdf

For all those saying 13 year old is too young, up until 19th century 10 was the age limit for statutory rape. So if I udnerstand that correctly, having sex with a 11 consenting year old was OK.

PS: In case you wonder I am not saying he did not rape her or anything, I am just saying people being intransigent on the age of consent should realize this is a culturally and historically changing thing. If you read above, the age of consent was for girl only. Only later on feminist required the law to be made gender neutral.

In the 19th century I could own a slave in much of the US and world. So by your logic slavery isn't all that bad?

 

[WildCat]

I don't see the point of a trial if the now-adult victim says it isn't worth it to her.

Irrelevant. The trial is over, all that's left is the sentencing.

 

[Flo]

See if Polanski and murder her there would be no issue about him being a free man, like Ira Einhorn. France just hates the idea that murdering or abusing women is bad.

Some idiots in France, mostly "celebrities" and a number of politicians. Exactly the same kind of people the World over who will always find excuses for the rich and the famous, whatever their crimes ...

 

[timhau]

It happened more than 30 years ago. The point is that the law in the US are too ridiculous. What can they do with him now? To lock till his death?

How about giving him what 40-somethings usually get when they bang 13-year-old girls?

BTW, what's ridiculous about trying to avoid setting a precedent to the effect that you can avoid sentencing and punishment after a guilty plea if you manage to avoid US law enforcement officials for 30 years?

 

[Francesca R]

Still waiting for them to arrest Bill Wyman though.

I doubt they'd get Ms Smith or her mother to give evidence. Plenty of folks would probably support that though.

 

[timhau]

Some idiots in France, mostly "celebrities" and a number of politicians. Exactly the same kind of people the World over who will always find excuses for the rich and the famous, whatever their crimes ...

Is it for the rich and famous in general, or just rich and famous with artistic merits (and a French passport)? What would they do if it turned out that, say, Jack Welch had plead guilty to sex with a 13-year-old and had managed to avoid capture for decades?

 

[bob_cadaver]

Irrelevant. The trial is over, all that's left is the sentencing.

Oh yeah, that's right, I forgot, thanks.

 

[Aepervius]

As I understand it, France does have an extradition treaty with the USA. But, France can refuse categorically to extradite French citizens or anyone they feel may not get a fair trial in the USA.

But, I wonder if, in the past couple of decades, anyone ever asked France to pick up Polanski and send him over?

ETA: IANAL, but this looks like its been in place since 1911: Extradition Treaty With France. Rape is one of the specific offenses mentioned.

Not to be pedantic but I understand the US reserve itself the same right (and if I understand correctly the hub-hub with UK, sometimes even more right ).

The web site I looked at said 1996, but probably it was only an update to the treaty (as opposed to a new treaty). I take it to my knowledge it is in place since 1911.

It would be interesting to know if a demand of extradition was done, and if yes what was the excuse used NOT to comply. I would not be too surprised if the politics refused on ground of Polanski being a celebrity.

 

[Aepervius]

In the 19th century I could own a slave in much of the US and world. So by your logic slavery isn't all that bad?

No, my point is that such concept change with time. In the last years it went higher. Sometimes in some country it went lower. Sometimes heterosexual age of consent is lower than homosexual (in France homosexual age of consent was 21 whereas heterosexual was 13/15). It is often gender dependant. It is all culturally and historically dependent. We judge it as within our own culture.
And the intransigence I see from some here is more a reflection of their own culture than anything else. Personally the idea of consensual sex with anybody that young does not appeal to me, and slightly make me nauseous. But that does not stop me to recognize that It is not disgusting in ABSOLUTE to have sex with a consensual 13 year old girl.

that said, I was only speaking of the consensual part. Slavery is another can of worm because it is (mostly) not consensual. A better comparison would be that taking cocaine was allowed in the 19th century.

 

[Chaos]

Probably not, but then again I'd bet a tidy sum that the American justice system works just fine at least 98% of the time. The tiny fraction that is screwed up gets all the press. Furthermore, we can also find European justice systems that give lots of screwed-up results; how about smuggling copious quantities of pot and hashish netting you over 10 years, while stabbing a stranger on the street with said stranger dying in hospital on the same night gives you 6+ years, out on parole after 3.5? That's Finland for you, but there's fairly little international interest in digging up all the absurdities in the Finnish justice system, so we get a free pass.

The thing is, the European justice systems are no worse than the US´, not counting places like Belarus, yet the US isn´t falling all over themselves to extradite its own citizens there when asked, the way they seem to expect other countries to.

 

[let`s talk]

How about giving him what 40-somethings usually get when they bang 13-year-old girls?

BTW, what's ridiculous about trying to avoid setting a precedent to the effect that you can avoid sentencing and punishment after a guilty plea if you manage to avoid US law enforcement officials for 30 years?

He had to avoid it. The self-esteemed judge was playing a dirty game with a guilty plea. That is why he had to leave the US. If the US legal system had played fair game, the case would have been closed 30 years ago.

 

[Francesca R]

Not to be pedantic but I understand the US reserve itself the same right

Correct the exclusion of own citizens is mutual:

Neither of the contracting Parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention.
ARTICLE VI

(and if I understand correctly the hub-hub with UK, sometimes even more right ).

Not any more: http://en.wikipedia.org/wiki/Extradition_Act_2003

It would be interesting to know if a demand of extradition was done, and if yes what was the excuse used NOT to comply. I would not be too surprised if the politics refused on ground of Polanski being a celebrity.

My understanding is that applications to extradite own citizens are often simply not made because of the exclusions. Probably so as not to "sour international relations".

 

[WildCat]

But that does not stop me to recognize that It is not disgusting in ABSOLUTE to have sex with a consensual 13 year old girl.

Sure, if you're a 13 year old boy. But a 44 year old man? Absolutely!

that said, I was only speaking of the consensual part.

What consensual part? He drugged her and got her drunk, and ignored her when she repeatedly said "no". Oh, and she was 13 and not able to legally give consent.

 

[Professor Yaffle]

Its not about whether we consider it "disgusting"; it is about whether we consider a person of that age able and mature enough to give informed consent in these situations.