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Roman Polanski arrested

Old 10-04-09, 08:05 AM
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Re: Roman Polanski arrested

Originally Posted by Deftones
victims don't charge people with crimes. the government (county, city) where the crime was committed is the charging agency. it doesn't matter if the victim files a police report and then recants their entire story.
Yeah, but rape charges are dependent entirely on the victim. No matter what the evidence is, if the victim recants, there is no case.

Edit: That is aside from age of consent violation, which is exactly what this case is.

Last edited by dhmac; 10-04-09 at 08:07 AM.
Old 10-04-09, 09:07 AM
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Re: Roman Polanski arrested

I'm just about tired of this whole ordeal. I say enjoy Polanski's films as a work of art, but by all means punish him for his crime in any way possible.
Old 10-04-09, 11:27 AM
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Re: Roman Polanski arrested

Originally Posted by dhmac
Yeah, but rape charges are dependent entirely on the victim. No matter what the evidence is, if the victim recants, there is no case.

Edit: That is aside from age of consent violation, which is exactly what this case is.
nope. you are wrong. i've been involved with many, many rape cases where the victim didn't want to have any involvement in the case.
Old 10-04-09, 02:14 PM
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Re: Roman Polanski arrested

Originally Posted by Deftones
nope. you are wrong. i've been involved with many, many rape cases where the victim didn't want to have any involvement in the case.
Isn't that different from the victim wanting to drop charges and/or wanting to recant the claim of being raped?
Old 10-04-09, 02:17 PM
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Re: Roman Polanski arrested

Originally Posted by dhmac
Isn't that different from the victim wanting to drop charges and/or wanting to recant the claim of being raped?
not being involved can mean many things, including not wanting charges to be filed.
Old 10-04-09, 03:35 PM
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Re: Roman Polanski arrested

Originally Posted by dhmac
Yeah, but rape charges are dependent entirely on the victim. No matter what the evidence is, if the victim recants, there is no case.

Edit: That is aside from age of consent violation, which is exactly what this case is.
Where are you coming up with this stuff?
Old 10-04-09, 04:32 PM
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Re: Roman Polanski arrested

Originally Posted by BJacks
Where are you coming up with this stuff?
i saws it on tv! trust me, as someone who works in law enforcement and with victims, what he's saying is utterly bullshit.
Old 10-04-09, 04:57 PM
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Re: Roman Polanski arrested

Still irrelevant. He can be charged with rape but that's not going to go anywhere without the victim's testimony.
Old 10-04-09, 05:12 PM
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Re: Roman Polanski arrested

Originally Posted by eXcentris
Still irrelevant. He can be charged with rape but that's not going to go anywhere without the victim's testimony.
It seems like the testimony they need already exists.
The girl testified that she left the Jacuzzi and entered a bedroom in Nicholson's home, where Polanski sat down beside her and kissed the teen, despite her demands that he "keep away." According to Gailey, Polanski then performed a sex act on her and later "started to have intercourse with me." At one point, according to Gailey's testimony, Polanski asked the 13-year-old if she was "on the pill," and "When did you last have your period?" Polanski then asked her, Gailey recalled, "Would you want me to go in through your back?" before he "put his penis in my butt." Asked why she did not more forcefully resist Polanski, the teenager told Deputy D.A. Roger Gunson, "Because I was afraid of him."

Last edited by BJacks; 10-04-09 at 05:14 PM.
Old 10-04-09, 05:39 PM
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Re: Roman Polanski arrested

Originally Posted by eXcentris
Still irrelevant. He can be charged with rape but that's not going to go anywhere without the victim's testimony.
wrong! wrong! wrong! that might be true if it was going to trial in certain circumstances, but if there is a plea agreement in place, the only information they need would be the police interview.
Old 10-04-09, 06:44 PM
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Re: Roman Polanski arrested

Originally Posted by Deftones
wrong! wrong! wrong! that might be true if it was going to trial in certain circumstances, but if there is a plea agreement in place, the only information they need would be the police interview.
The plea agreement had nothing to do with a rape charge. Polanski pleaded guilty to a lesser charge of "unlawful sex with a minor".

Even the D.A.'s office stated that if Polanski's extradition was successful:

"...he could face up to four years in state prison for the initial crime he pleaded guilty to before fleeing the United States. He could also face a maximum of three additional years served consecutively if the courts decide to charge him under California state penal code 3059 for leaving the state without permission."

How hard is that to understand? People need to drop this nonsense about a rape charge and/or a new trial. Ain't gonna happen.

Last edited by eXcentris; 10-04-09 at 06:50 PM.
Old 10-04-09, 06:54 PM
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Re: Roman Polanski arrested

Originally Posted by eXcentris
The plea agreement had nothing to do with a rape charge. Polanski pleaded guilty to a lesser charge of "unlawful sex with a minor".

Even the D.A.'s office stated that if Polanski's extradition was successful:

"...he could face up to four years in state prison for the initial crime he pleaded guilty to before fleeing the United States. He could also face a maximum of three additional years served consecutively if the courts decide to charge him under California state penal code 3059 for leaving the state without permission."

People need to drop this nonsense about a rape charge and/or a new trial. Ain't gonna happen.
Exactly. And I now think double jeopardy protection prevents the dropped rape charge from being re-applied, so only the guilty plea for unlawful sex with a minor can be used against him.

But I still don't see where "California state penal code 3059" can be applied. Googling it, this is what is says:
California state penal code 3059
------------------------------------
If any paroled prisoner shall leave the state without permission of the Board of Prison Terms, he shall be held as an escaped prisoner and arrested as such.
Polanski was not a "paroled prisoner" and had court granted freedom to leave the state (even the U.S.) so how could this possibly apply to him?
Old 10-04-09, 09:14 PM
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Re: Roman Polanski arrested

Maybe it depends on where you are, but, in my experience, it is extremely rare for a rape case to go forward without the involvement of the victim.

It would be more likely to happen in a stranger rape, but since the majority of sexual assaults are acquaintance rapes, without the victim's version of events, there is only the "suspect's" story.

There are just too many rape cases out there for police/attorneys/labs to worry about the ones that the victims don't care enough to be involved with.
Old 10-04-09, 09:34 PM
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Re: Roman Polanski arrested

Originally Posted by eXcentris
The plea agreement had nothing to do with a rape charge. Polanski pleaded guilty to a lesser charge of "unlawful sex with a minor".

Even the D.A.'s office stated that if Polanski's extradition was successful:

"...he could face up to four years in state prison for the initial crime he pleaded guilty to before fleeing the United States. He could also face a maximum of three additional years served consecutively if the courts decide to charge him under California state penal code 3059 for leaving the state without permission."

How hard is that to understand? People need to drop this nonsense about a rape charge and/or a new trial. Ain't gonna happen.
i don't see at all how what i said correlates to what you posted here. there is no correlation.

you must've missed where california's unlawful sex with a minor is essentially what other states call statutory rape. it was pled down from a more serious charge.
Old 10-04-09, 09:40 PM
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Re: Roman Polanski arrested

Fine, but what I'm saying is that talking about a charge he didn't plead guilty to and/or a new trial now is irrelevant because it ain't gonna happen. At best, even if the extradition is successful (and that's far from a given), it will only be because a deal has been struck before Polanski is extradited. I even doubt he'd do any time at all considering the D.A.'s office had previously considered dropping all charges if he even showed up. Which is why I believe this entire affair to be, at this time, a gigantic waste of time and money.

Last edited by eXcentris; 10-04-09 at 09:43 PM.
Old 10-05-09, 01:10 AM
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Re: Roman Polanski arrested

Originally Posted by dhmac
Yeah, but rape charges are dependent entirely on the victim. No matter what the evidence is, if the victim recants, there is no case.
Are you just making this stuff up?
Old 10-05-09, 11:18 AM
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Re: Roman Polanski arrested

Originally Posted by BJacks
It seems like the testimony they need already exists.
And I've read that that the victim later went back and stated that she may have "embellished" the story just a bit, mainly at the urging of those who were coaching her at the time.

I'm not completely sure that's true, and I'm not taking the time to research it because I'm sick of the whole thing at this point and just don't care enough, but it seems like I've read that in several accounts/summaries of the case. If true, though, seems like it could be a pretty big deal.
Old 10-05-09, 02:27 PM
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Re: Roman Polanski arrested

Originally Posted by Suprmallet
Whaaaaaaat? Did someone hijack wm lopez's account?
I've stuck for Maher. He's not a liberal loon like those that say Bush was behind 9/11. And even though he puts down religion on his show he sure talks a lot about Jesus and the end times a lot on his show.
Old 10-05-09, 03:53 PM
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Re: Roman Polanski arrested

Originally Posted by superdeluxe
Are you just making this stuff up?
So if a woman claims a man raped her, but then recants and says that she lied and the rape didn't happen, you think the man would still be be put on trial for committing rape?

You do know what the word "recants" means, right?
Old 10-05-09, 03:56 PM
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Re: Roman Polanski arrested

Originally Posted by dhmac
So if a woman claims a man raped her, but then recants and says that she lied and the rape didn't happen, you think the man would still be be put on trial for committing rape?
Well, it depends on the other evidence available, no?
Old 10-05-09, 04:02 PM
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Re: Roman Polanski arrested

Originally Posted by eXcentris
Fine, but what I'm saying is that talking about a charge he didn't plead guilty to and/or a new trial now is irrelevant because it ain't gonna happen. At best, even if the extradition is successful (and that's far from a given), it will only be because a deal has been struck before Polanski is extradited. I even doubt he'd do any time at all considering the D.A.'s office had previously considered dropping all charges if he even showed up. Which is why I believe this entire affair to be, at this time, a gigantic waste of time and money.
Here's all I see that the D.A. has against Polanski:

- Unlawful sex with a minor (for which he plead guilty)

- Failure to appear in case

And that's all. I don't think they can charge him with leaving the state because he already had court permission to do that. If the D.A. comes up with any other legitimate charges, I'd like to see what they are.
Old 10-05-09, 04:03 PM
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Re: Roman Polanski arrested

Originally Posted by Groucho
Well, it depends on the other evidence available, no?
Evidence that sexual intercourse occurred isn't a crime unless she's a minor.
Old 10-05-09, 04:05 PM
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Re: Roman Polanski arrested

Other evidence could include witnesses, a video recording, confession by the suspect, injuries, etc.
Old 10-05-09, 04:13 PM
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Re: Roman Polanski arrested

Originally Posted by Groucho
Other evidence could include witnesses, a video recording, confession by the suspect, injuries, etc.
If the woman says she wasn't raped, then what would any other evidence matter? At that point, she's practically a witness for the defense. Any D.A. who tries to prosecute a rape trial when both parties will testify that it wasn't rape has no case.
Old 10-05-09, 04:22 PM
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Re: Roman Polanski arrested

This thread bring it.

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