Prometheus
Acolyte of Víðarr
- Joined
- Nov 14, 2007
- Messages
- 50,595
He admitted drugging the girl.
Yes, but he did not plead to that crime in court, and the DA did not prosecute him for it within the statute of limitations.
He admitted drugging the girl.
Further, given that we have only the girl's uncorroborated word that "the coercive aspect" (rape) happened, that the forensic evidence is consistent with Polanski's version of events, and that the forensic evidence seems to indicate that the girl lied in some aspects of her statement, I suspect that Polanski wouldn't have been convicted of rape even if he had been prosecuted at the time since proof beyond reasonable doubt of his guilt does not appear to exist.
It doesn't factor in to that topic at all, it's a distinct subtopic.
And what was the point of belaboring that particular subtopic?
The specific charge against Polanski was "Rape by use of drugs", which California Penal Code: Section 261 describes as "Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused."
So yeah, I'm pretty sure Polanski would have been convicted of that had it gone to trial.
If you don't find the subtopic interesting, just scroll down when someone posts about it.
it gives the impression you are defending a child rapist, and I'd hate for anyone to get the wrong impression about you....the forensic evidence seems to indicate that the girl lied in some aspects of her statement...
IANAL, but I'm not sure one third of a quaalude and some champagne qualifies as preventing someone from resisting. I'm also not sure if you can consistently argue both that the girl did resist (as she did according to her statement), and also that the girl was prevented from resisting. The law doesn't always follow common English usage, but in common English usage there's a contradiction there. I don't know how it
would have gone if it went to trial but it doesn't seem clear-cut based on what you have posted.
Ah, so we're back to being mysterious.
See, here's the problem Kevin, when you take this tack, and then say things like:
it gives the impression you are defending a child rapist, and I'd hate for anyone to get the wrong impression about you.
The facts are the facts. The facts indicate that the girl most likely lied about some aspects of what happened (or the lab results were tampered with, or something else really unusual occurred).
You can call that "defending a child rapist" if you think it's clever. As far as this specific subtopic goes it doesn't matter whether Polanski kidnapped the Lingbergh baby and started the Great Fire of London, if the facts indicate the girl most likely lied then the facts indicate the girl most likely lied. Call it "defending a baby-murdering arsonist" if you like, it's still true either way.
Except that the facts don't indicate that the girl most likely lied.
Except that the facts don't indicate that the girl most likely lied.
Exactly. Confusion and traumatization are other possible considerations. That Kevin immediately makes the leap to "lying" is quite telling.
I distinctly remembering asking the posters here for any other hypotheses that made sense of the facts available, and not hearing any that I found remotely plausible. What's your alternative hypothesis, other than the forensic investigators covering up for Polanski? "Confusion and traumatization" don't cover the inconsistency between her graphic and specific testimony and the total lack of medical or forensic results consistent with that testimony.
I distinctly remembering asking the posters here for any other hypotheses that made sense of the facts available, and not hearing any that I found remotely plausible. What's your alternative hypothesis, other than the forensic investigators covering up for Polanski? "Confusion and traumatization" don't cover the inconsistency between her graphic and specific testimony and the total lack of medical or forensic results consistent with that testimony.
The forensic results are not inconsistent with her testimony, they just fail to confirm it. This has been explained in detail upthread.
I don't recall anyone deeming you final arbiter on what is and what isn't plausible, so your personal incredulity is entirely irrelevant. The fact of the matter is that there are other explanations that allow for possible inconsistencies in the girl's testimony, regardless of whether or not you accept them.
The lack of detectable injury is simply inconsistent with anal sex as described in her statement.
<snip>
The lack of detectable semen is simply inconsistent with her graphic descriptions of semen in her statement.
<snip>
Yes, but he did not plead to that crime in court, and the DA did not prosecute him for it within the statute of limitations.He admitted drugging the girl.
Okay. If that's what you're after then mine is:
Roman Polanski had unlawful sex with a 13 year old girl, pleaded guilty, and should serve the remainder of his sentence plus whatever extra you get for doing a runner under those circumstances.
Unfortunately, he didn't plead guilty to that, and it's too late to prosecute him for it.
See, here's the problem Kevin, when you take this tack, and then say things like:
it gives the impression you are defending a child rapist, and I'd hate for anyone to get the wrong impression about you.
If I described significant quantities of blood soaking in to my shirt, in detail, in a statement to police, and that shirt was tested within 24 hours of my statement and showed absolutely no signs of recent exposure to blood, that wouldn't just "fail to confirm" my story. It would lead us to believe that the most likely explanation was that part of my story was false, and the only other explanations would be that the forensics staff were incompetent or fixing the evidence for me.
By the same token evidence does not vanish just because Johnny Karate has inserted his head in the sand, or anywhere else for that matter.
Fixed it for you, seeing how Kevin is ignoring the fact that semen was detected on her underwear.But that's the problem Kevin, you don't have any evidence the girl was lying. You only have yourinterpretationmisrepresentation of the evidence that has led you to the assumption she was lying.
I disagree here. Kevin is pointing out his impression about a specific aspect of the case. He was clear (finally!) about what Polanski deserved.
What about the coercive aspect?
ETA: as opposed to the merely illegal aspect?
ETA2:
For example the Bolton 7 were performing acts that woudn't rock my boat, and were considered illegal, but which I wouldn't consider to be immoral.
IIRC (and this isn't mentioned in wiki) there was fully consensual harm (involving sandpaper IIRC etc... which they were also prosecuted for)
Further, given that we have only the girl's uncorroborated word that "the coercive aspect" (rape) happened, that the forensic evidence is consistent with Polanski's version of events, and that the forensic evidence seems to indicate that the girl lied in some aspects of her statement, I suspect that Polanski wouldn't have been convicted of rape even if he had been prosecuted at the time since proof beyond reasonable doubt of his guilt does not appear to exist.
The specific charge against Polanski was "Rape by use of drugs", which California Penal Code: Section 261 describes as "Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused."
So yeah, I'm pretty sure Polanski would have been convicted of that had it gone to trial.
I
IANAL, but I'm not sure one third of a quaalude and some champagne qualifies as preventing someone from resisting. I'm also not sure if you can consistently argue both that the girl did resist (as she did according to her statement), and also that the girl was prevented from resisting. The law doesn't always follow common English usage, but in common English usage there's a contradiction there. I don't know how it would have gone if it went to trial but it doesn't seem clear-cut based on what you have posted.
Ah, so we're back to being mysterious.
See, here's the problem Kevin, when you take this tack, and then say things like:
it gives the impression you are defending a child rapist, and I'd hate for anyone to get the wrong impression about you.
<snip>
And I'm not a lawyer either, so I'm not sure how far a semantic argument would get the defense. But when you've got a 44 year-old man giving drugs and alcohol to a 13 year-old girl, having sex with her, and the girl later testifying that she didn't want to have sex, that better be the best semantic argument in the history of criminal litigation.