Sexual Politics, the Law and the Roman Polanski Arrest

Analysis …

Photo from FP Passport

Director Roman Polanski, best-known in the U.S. as the Oscar award-winning director of The Pianist and the classic horror film Rosemary’s Baby was arrested last weekend in Switzerland on a U.S. arrest warrant. In 1977, Polanski was charged with having unlawful sex with a 13-year-old girl; Polanski jumped bail and fled the country the following year after spending several weeks in a U.S. jail. He has lived outside of the U.S. since then.

Bloggers, world leaders and Hollywood moguls have wondered why authorities have chosen to arrest Polanski, who is 76, at this time. Some observers have noted that Polanski’s case highlights the gray areas of U.S. attitudes both about sex and due process.

Michael Wolff @The Huffington Post |  “Prosecutors are the scariest people in a democracy because they can have you arrested and put in jail. They can do this essentially at will, if arresting you suits their purposes. Alternatively, they can not arrest you if that suits their purposes. One reason prosecutors can function at such a level of virtually no accountability is because, while almost all other public servants have terrible press, law enforcement agencies have always used their muscle to maintain good press (there is even a further point about, specifically, the LA prosecutor’s office and its relationship to the prosecutor’s image in television and movies).”

The League of Ordinary Gentlemen |  “I think Polanski is a brilliant filmmaker and a world-class cretin. I’m disgusted by what he did. But I also have great reservations about how we can try him and maintain a full grasp on due process and rights of the accused. The physical evidence is in bad condition;the police who ran his case are mostly dead; the key witnesses are unlikely to cooperate, including the victim; and most importantly, and most concerning, for a democratic society, is that the judge and the prosecuting attorney conspired during the case. That’s a really, really big deal, and contra this piece from Salon, it’s a big deal no matter whether the prosecutors in LA think it’s a big deal or not. That sort of thing absolutely can’t happen in a nation of laws. Can’t.”

Feministe |  “If you believe arresting people and making them stand trial is worth anything, why the objection? Why the international outcry and circulation of petitions and raging French government officials? Because seriously, the message I’m hearing is, if you have enough money and celebrity friends, if you’re talented enough, if you’re charming enough, everyone thinks that you should just be left alone to rape underage girls and how dare anyone call you on it or even suggest that you have to stand trial like anyone else. And the same news media that pruriently reports the horrible details of similar crimes done by non-famous people will back you up on it. This, my friends, is what a rape culture looks like.”

FP Passport |  “Polanski’s case is perhaps not unique in the world of extradition law, but it is provocative. The notion of the Los Angeles DA’s office for 32 years tracking the director’s busy European travel schedule, waiting for an opportunity, whilst he chose to appear at various film festivals via video-conference rather than in person, is fascinating. But beyond the celebrity factor, it’s hard to pin down exactly what seems so incongruous. Is it simply that in a post-9/11 world we’re now accustomed to thinking of “extradition” in connection with national security interests, and clear-and-present danger?”

Anne Applebaum @The Washington Post |  “I am certain there are many who will harrumph that, following this arrest, justice was done at last. But Polanski is 76. To put him on trial or keep him in jail does not serve society in general or his victim in particular. Nor does it prove the doggedness and earnestness of the American legal system. If he weren’t famous, I bet no one would bother with him at all.”

Alas, a Blog |  “Yes, it’s true, if Polanski wasn’t famous, he wouldn’t be in this mess, because he wouldn’t have had access to Jack Nicholson’s house while Jack was out of town. And he wouldn’t have been able to flee to France. And he wouldn’t have been able to live comfortably for 30 years. But hey, the poor guy had to forgo his Oscar! The horror!”

Also in the news … Associated Press publishes internal memo on Polanski arrest instead of the news story.

News …

• The world’s population of carnivores have tripled in the past 30 years (Read more).
• Study shows how video can alter eyewitness memory (Read more).
• FiveThirtyEight takes a look at the study that says Oklahoma high school students are dumb and gets suspicious (Read more).
• Iraq steps up for Iran (Read more).