Some Polanski Wisdom
Posted on October 2nd, 2009 in Uncategorized | 29 Comments »
In the Times a couple days ago, the writer Robert Harris, who’s been working with Polanski on a film adaptation of his book The Ghost, wrote what strikes me as the sanest, most lucid piece of thinking about the Polanski matter I’ve yet seen.
The question Harris asks is one we’ve all been wondering: Why now?
I have worked several times with Mr. Polanski in Switzerland, where he owns a house in Gstaad. He travels back and forth from France a dozen times a year. If Mr. Polanski is such a physical danger and moral affront to civilized society that he must be locked up, even at the age of 76, why was he not picked up earlier, when he was 66, or 56 — or even 46? It would not have been hard to grab him at his home: his name is on the doorbell.
He notes that the prosecutor in the case, Stephen Cooley, has released a timeline purporting to show a sustained effort over decades to arrest Polanski, and rightly points out that the timeline demonstrates exactly the opposite: Efforts to arrest the filmmaker over the decades have been haphazard and halfhearted.
So what changed? Ironically, it was the release of the documentary Roman Polanski: Wanted and Desired.
[Polanski] thought he could settle the matter at last, and his subsequent, vigorous legal attempts to have the case against him closed — supported, remarkably, by his victim, Samantha Geimer, the one person who comes out of this affair with her dignity enhanced — clearly infuriated Mr. Cooley. Legal authorities the world over loathe being publicly criticized. After the arrest was announced, Mr. Cooley declared that Mr. Polanski “has been trying to get it resolved on his terms, but it’s going to be on the terms of the Los Angeles County justice system.”
Polanski, Harris argues, became overconfident—both in the rightness of his cause and in the safety of Switzerland.
A Los Angeles Times article about Cooley’s third campaign for D.A.—breaking a promise Cooley had made that he would resign after two terms—suggests another reason.
…he came under attack for not moving more aggressively against Los Angeles Roman Catholic Archdiocese leaders for their role in protecting accused pedophile priests. He has also earned a reputation for frank talk — sometimes too frank. …Speaking publicly to an audience of attorneys, he used the F-word, saying he was doing things his own way and if the association didn’t like it, ” . . . them.”
So that is why now. But the question Harris concludes with is, Why at all?
I make no apology for feeling desperately sorry for him. The almost pornographic relish with which his critics are retelling the lurid details of the assault (strange behavior, one might think, for those who profess concern for the victim) makes it hard to consider the case rationally. Of course what happened cannot be excused, either legally or ethically.
But Ms. Geimer wants it dropped, to shield her family from distress, and Mr. Polanski’s own young children, to whom he is a doting father, want him home. He is no threat to the public. The original judicial procedure was undeniably murky. So cui bono, as the Romans used to say — who benefits?
Some would say society benefits as we show our commitment to cracking down on rape. I’m not so sure. Just look at the increasing polarization and nastiness of the comments on the blog below; or look at this hysterical response to Harris on the Huffington Post. (Sample: “Why now? …Why the fuck not?”)
The truth is, the status quo of Polanski’s exile from the US, unsatisfying to all parties though it was, was probably the way things should have stayed. Mr. Polanski would have died with a dark stain on his biography that was never resolved and, by many, never forgiven. That seems to me heavy punishment. Some might say not heavy enough, some might say too much. I reside in the uncomfortable middle. We Americans like to be literal in our punishment; in our justice system as in our movies, we want to see the blood. I feel that a permanent weight on a man’s soul is a profound burden, and you don’t have to be behind bars to feel it.
But we’re not going to learn or demonstrate anything new in pursuing this bound-to-be divisive matter. After all, the facts of what Polanski did are not in dispute, and 98% of the population appropriately disapproves, and the other 2% isn’t about to change its mind. This prosecution will degenerate into a hysterical circus in which reasoned discussion is overwhelmed by tabloids and extremists.
We’re merely going to demonstrate again— as we did during the first Polanski trial—the danger of pricking a lawman’s ego. Did we learn nothing from Ken Starr?
29 Responses
10/2/2024 8:31 am
Richard, I think you’re missing a point here. A lot of the value of this action comes from the fact that the original crime was rape. That’s a crime that historically has been under-reported and under-prosecuted. Victims have been made to feel worthless and accused of being sluts. Perpetrators have more success in appearing victimized-by saying the accusation is false, the accuser just wants revenge for a failed relationship, etc.-than the victims themselves. I think that’s one of the reasons that this offends so many people. Polanski-the perpetrator-is the one who claims to be victimized by the consequences of the rape. Every action that reaffirms the seriousness of rape as a crime is worth taking, because we still have so much ground to make up in the way that rape accusations are treated.
10/2/2024 9:39 am
I understand your perspective, but respectfully disagree with it, for several reasons.
One, I don’t think there’s any great shortage in American society of appreciation of the seriousness of the crime of rape. That may have been true ten or 20 years ago. Now, I think even those who might have downplayed it have learned a lot.
Two, you don’t try people to make examples of them or prove some larger social point or make up for centuries of not taking something seriously enough. You try them because of what they did.
Three, I don’t see Polanski claiming “to be victimized,” although I may have missed something.
Four: “Every action that reaffirms the seriousness of rape as a crime is worth taking…”
Really? Well, we could behead rapists and put their heads on spikes outside the city walls. Would that satisfy you?
10/2/2024 10:29 am
Some things need to stay out of the courts. I think the legal system needs to leave these two people alone. The girl received a large sum of money. The judged ruled and then changed his mind. It was the era of sex, drugs, and rock n’ roll. It was consensual. Come on…
The Swiss did not help Jews during WWII. Feels like left-over Nazis to me.
10/2/2024 10:31 am
You are wrong. It wasn’t consensual. Her testimony says otherwise.
10/2/2024 11:25 am
And furthermore, she was underage, which made it statutory rape.
10/2/2024 11:33 am
To Anonymous: I don’t believe her. She is also on his side, not the courts. They could’ve arrested Polanski many times before this. He is 77. Such of waste of money. I think we need to go after Bin Laden.
10/2/2024 11:42 am
You don’t believe or you don’t want to believe her because the truth makes you uncomfortable? It’s easier not to believe her because if it were true it would be inexcusable. And noone wants that…..
10/2/2024 12:52 pm
Morning Girl. Suffice it to say, you are sadly ignorant to the facts as
the victim’s testimony explicitly states that it was NOT consensual. And
BTW, she was THIRTEEN. Legally a CHILD. Forget the fact that the 44
year old Polanski chose to penetrate every orifice on the girl’s body, she
was 13. Legally one can not have consensual sex with a thirteen year
old.Done. The 42 day incarceration under observation sentence Mr. Polanski
received was part of a plea bargain arrived at via his legal team and the judge.
How and why that decision was arrived at and the subsequent details regarding the judge’s rumored reneg on said deal does not negate the
fact that a crime was committed against a child by an adult 30 years her senior under the guise of a photo shoot. At the very least, one could argue that the original sentence was suspiciously lenient…era or no era.
And Richard, I have to say that I am a bit disappointed that someone with your intellect , reason and sense of fairness would post that some of the comments from the Huffington Post blog( “Why the F not”?) regarding “Why Now”? are “hysterical”? I read that entire post and there was nothing”hysterical” about it. Does it really matter if the Swiss
finally complied by upholding a 60 year agreement with the U.S and arrested Mr. Polanski, 32 years later because of the Swiss banking vs. US IRS fiasco? Does it matter if the DA was hot and cold over the years?(he isn’t the ONLY wanted fugitive, BTB) Or if a documentary(which I viewed a year ago) was released that pierced the L.A D.A’s ego? Or that he was dealt a horrific hand with losing his Mother in Auchwitz, or foraged in a forest for two years as a boy, or lost his wife and unborn child in a horrific murder? Or that he was/is a brilliant filmmaker, artist? One COULD argue that in his 30 odd year”exile” he has reaped many rewards: a new wife, children, homes in Paris and Gstadd as well as numerous films, awards, accolades and essentially got a “free pass” long ago. And while I would agree that it seems really sad and kind of tragic to incarcerate an old man that seemingly poses no present danger to society , it also seems unjust for any individual to not be held responsible for his/her actions. Past or Present. According to the law. Just like anyone else.
10/2/2024 3:51 pm
Richard, your usually latent but nonetheless persistent misogyny re-surfaces when you post on issues like this. Sorry, but that’s how I see it.
10/2/2024 4:11 pm
Excellent comment RB.
10/2/2024 4:40 pm
I’ve been thinking a lot about this discussion as well as the one on September 29th (“Polanski Witch Hunt?”). Scattered unevenly among the contributors is a certain amount of confusion about the difference between law and morals; cultural norms and personal beliefs or intuitions;and the purpose and effects of a legal sentence. I see people struggling to understand what is meant, legally, by “consent”; whether it makes sense to have a legal “age of consent” and if so whether our laws have pegged it rightly; and the extent to which children under the legal age of consent might still be sexual beings subject to desire and temptation. We seem to be asking ourselves what is meant by the concept “statute of limitation,” under what circumstances it comes into effect, and why it hasn’t come into effect in this case (the answer is that Polanski was tried within the statute of limitations, which is all that was necessary; the “statute of limitations” is no longer relevant). Some posters seem to be wondering whether it is appropriate to sentence elderly people to prison, though Polanksi is not ill and/or near death. Others postulate that not being able to return to the United States and having to live in Switzerland is in itself punishment. These are fascinating and complicated problems, but judges cannot act according to anything other than the existing laws within their jurisdiction.
I’ve probably formulated some things in this post in ways that someone with a law degree would find sloppy or inaccurate, so I don’t exempt myself from criticism. But the multiple confusions here do appear to have been making the discussion wobble all over the place.
10/2/2024 7:38 pm
The fact that we are having this discussion shows there is still a great shortage of appreciation of the seriousness of the crime of rape.
I do not think it is sad or tragic to incarcerate his sorry old ass.Hey he had his chance to get incarcerated as a relatively young piece of crap.
Pardon my french.
10/2/2024 7:58 pm
Lolita is kinda cracking me up. You have a way with words, my dear.
10/2/2024 8:17 pm
I find it illuminating to know that Polanski failed to honor the terms (ie, pay $500,000) of a civil suit that he lost to the victim, necessitating her lawyers to try to collect money from his income in France (probably impossible). Speaks to the issue of his ownership of what he did, his sense of guilt and of remorse. Needs some jail time to reflect, I think.
10/2/2024 9:11 pm
Here’s some actual wisdom on the Polanski situation: http://marccooper.com/apropos-of-polanski-teen-lifers/
Cooper’s post may provide some of the most useful context for thinking about the issue.
10/2/2024 10:10 pm
Roman Polanski is hot. I’d have sex with him at any age.
10/2/2024 10:12 pm
Not everyone feels that way, Morning Girl. So when someone says “no”, it should be respected.
10/2/2024 11:57 pm
From a New Yorker profile on film director Michael Haneke:
“Could he have become a murderer? It’s hard to picture this gentle spirit taking up arms against the weak. Haneke was perfectly clear on this point, more so than most of us would dare to be. ‘There is no crime I couldn’t have committed,’ he said. ‘It’s so easy to say, “Oh no, I would never do that,” but that’s dishonest. We are capable of everything.’ He added, ‘It’s so easy to be “human” when you come from a privileged background.'”
10/3/2024 7:32 am
Pretty interesting quote there, Relevant Legal and Humanitarian Points to be Borne in Mind. What are you trying to say with it?
10/3/2024 9:40 am
Higgly piggly poo.
10/3/2024 12:03 pm
I heard a lawyer on the radio look at the case this way: What if it were a different crime? If a murderer had run away before sentencing and been free for 30 years, would we let it go? No. How about a serious assault? If the girl’s arm and nose had been broken but there was no rape, would we let it go? Probably not. If it had been some huge financial fraud, a la Bernie Madoff, would we let it go? No. So why would we do that with this crime? The only answer I can come to is that some people just don’t think his crime was that bad.
Richard, in response to your four points: 1. I disagree. Rape is still considered to be highly under-reported, and there are a lot of situations (e.g. rape of a prostitute, spousal rape) where the possibility of prosecution and conviction is made extremely difficult by factors that have nothing to do with the crime itself. 2. Actually, you do sometimes. If a society wants to express its values publicly, a high-profile prosecution of a crime is one way to do it. Plaxico Burress (sentenced to two years for shooting himself in the leg) is a perfect example. Besides, even if you only prosecute Polanski for what he did, he’s still a fugitive who fled before he was sentenced. 3. Sorry about that, you’re right. Polanski’s defenders have claimed that he is being victimized, but I haven’t seem him say that. 4. Come on, Richard. Now you’re just setting up a straw man. How about this: “Every time that the law as written is enforced against a rapist-no matter what the other circumstances of the rapist’s life are-it’s a good thing because it reaffirms the seriousness of rape as a crime.” Better?
10/3/2024 2:34 pm
Anon-thanks for your thoughtful response. My thoughts back.
It may be true that rape is under-reported; I rarely trust statistics about this issue because the methodology of pertinent surveys is usually so flawed. I’m sure it’s true that rape is often difficult to prosecute. (Many crimes are, each in their own way.)
I don’t think either of those points establishes that society doesn’t take rape—statutory rape, date rape, whatever the category—very seriously. I’m sure there are exceptions, but seems to me that mainstream American thinking is pretty definitive: rape in any context is a terrible crime.
Plaxico Burress was sentenced to two years in jail because that’s the legal minimum in New York for what he did. Good for Mike Bloomberg.
Further to your point: A high-profile trial may well express a society’s values publicly (or, as in the OJ Simpson case, may merely show profound divisions in society’s values); but again, you prosecute a case because of the crime involved, not to make a social statement. That way abuse of justice lies.
As for 3, while I’m not sanctioning Polanski’s flight, there were mitigating circumstances that, 30 years after the fact, might incline us toward clemency. If Polanski were an African-American man on trial for murder in Texas, with a press-hungry judge who boasted at his country club that he was going to fry the bastard, and that defendant fled the country, would your feelings about his flight be different? If Harper Lee’s Tom Robinson fled his sentencing, would you be so adamant? Sometimes people run when they sense an impending abuse of justice.
I still haven’t seen anyone respond to the truth that Polanski’s victim doesn’t want this matter prosecuted. While it may be gratifying or cathartic for rape victims everywhere to see Polanski put behind bars, they have no legal standing in this case, and to prosecute an individual on behalf of a victimized class—but not a victim—is insufficient reason to prosecute in this case.
Regarding point 4, I wasn’t setting up a straw man, just pointing out some alarming language in your prior post. I can’t sign on to your new construction, though, because it has too many absolutes. Is the law in question fair? Was the trial fair? Was the person 13 or 17 3/4? (A case in the South—Georgia, I think— in the last year or so hinged on this—an underage black kid was locked up for 25 years because he had consensual sex with an underage white girl. He was convicted of statutory rape, and that was all she wrote.)
We may agree to disagree, Anon, but I appreciate the thoughtfulness of your posts.
10/3/2024 3:56 pm
I have little faith in our legal system. It’s never worked for me. I’ve often heard attorneys tell their clients to stay out of court and settle. I’m for women’s rights and human rights but there’s something wrong with this one. Both do not want to be victimized by the courts and have dealt with it in their own way a long time ago. She received money. She has a good life; so does he. Seems like they want to destroy more lives and make things worse than they are. Many, many people will be effected including children and other family members. Those close to the victim have said it was consensual. Perhaps he did not know her age. There was no internet then. I think the press and legal system needs to leave them alone. Case closed.
10/5/2024 8:13 am
Why now? Why not now! Better now than never!
10/5/2024 10:13 am
Do we believe in the rule of law or not?
10/5/2024 11:53 am
Richard. Your posts are dissolving into mental masturbation; let this Polanski business go, please. As someone who knows and cares about you, I am starting to question why you are so invested in this debate.
10/5/2024 12:09 pm
Friend-Why don’t you come out and say what you’re already implying?
I am amused by someone who describes him or herself as a friend, then anonymously implies that I have an unhealthy interest in defending rapists….
10/5/2024 12:20 pm
Richard. I never implied any such thing- you did. I KNOW you are a fair
guy, but your arguments, posturings, etc. in this matter are bordering on
nonsense, frankly.
10/5/2024 1:12 pm
Richard is amused.