Roman Polanski arrested
10-04-09, 08:05 AM
#251
DVD Talk Limited Edition
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.
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.
10-04-09, 09:07 AM
#252
DVD Talk Legend
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.
10-04-09, 11:27 AM
#253
DVD Talk God
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.
Edit: That is aside from age of consent violation, which is exactly what this case is.
10-04-09, 02:14 PM
#254
DVD Talk Limited Edition
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.
10-04-09, 02:17 PM
#255
DVD Talk God
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?
10-04-09, 03:35 PM
#256
DVD Talk Ultimate Edition
Join Date: Jan 2002
Location: Connecticut
Posts: 4,473
Likes: 0
Received 0 Likes
on
0 Posts
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.
Edit: That is aside from age of consent violation, which is exactly what this case is.
10-04-09, 04:32 PM
#257
DVD Talk God
Re: Roman Polanski arrested
Originally Posted by BJacks
Where are you coming up with this stuff?
10-04-09, 05:12 PM
#259
DVD Talk Ultimate Edition
Join Date: Jan 2002
Location: Connecticut
Posts: 4,473
Likes: 0
Received 0 Likes
on
0 Posts
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.
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.
10-04-09, 05:39 PM
#260
DVD Talk God
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.
10-04-09, 06:44 PM
#261
DVD Talk Hero
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.
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.
10-04-09, 06:54 PM
#262
DVD Talk Limited Edition
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.
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.
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.
------------------------------------
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.
10-04-09, 09:14 PM
#263
Senior Member
Join Date: May 2000
Location: Virginia
Posts: 299
Likes: 0
Received 0 Likes
on
0 Posts
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.
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.
10-04-09, 09:34 PM
#264
DVD Talk God
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.
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.
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.
10-04-09, 09:40 PM
#265
DVD Talk Hero
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.
10-05-09, 01:10 AM
#266
DVD Talk Legend
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.
10-05-09, 11:18 AM
#267
DVD Talk Hall of Fame
Join Date: Jun 2002
Posts: 8,487
Likes: 0
Received 0 Likes
on
0 Posts
Re: Roman Polanski arrested
Originally Posted by BJacks
It seems like the testimony they need already exists.
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.
10-05-09, 02:27 PM
#268
Banned
Join Date: Feb 2002
Posts: 7,982
Likes: 0
Received 0 Likes
on
0 Posts
Re: Roman Polanski arrested
Originally Posted by Suprmallet
Whaaaaaaat? Did someone hijack wm lopez's account?
10-05-09, 03:53 PM
#269
DVD Talk Limited Edition
Re: Roman Polanski arrested
Originally Posted by superdeluxe
Are you just making this stuff up?
You do know what the word "recants" means, right?
10-05-09, 03:56 PM
#270
Moderator
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?
10-05-09, 04:02 PM
#271
DVD Talk Limited Edition
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.
- 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.
10-05-09, 04:03 PM
#272
DVD Talk Limited Edition
Re: Roman Polanski arrested
Originally Posted by Groucho
Well, it depends on the other evidence available, no?
10-05-09, 04:13 PM
#274
DVD Talk Limited Edition
Re: Roman Polanski arrested
Originally Posted by Groucho
Other evidence could include witnesses, a video recording, confession by the suspect, injuries, etc.
