Roman Polanski and the Rule of Law

October 12, 2009 | Posted by:
Category: International Law & Diplomacy, Popular Culture & Law | 4 Comments


I’ve been struck by the differing views in Europe and the United States regarding whether filmmaker Roman Polanski should be extradited. Polanski drugged and raped a thirteen-year-old girl in Los Angeles, and he then fled the United States in 1978, just before being sentenced. He lived openly in Paris and traveled and worked in Europe for 30 years before recently being arrested in Switzerland, where he remains in custody.

The sentiment among European politicians and artists seems to be that the extradition attempt is another example of uptight, moralistic Americans at work. Donald Tusk, the Polish Prime Minister, said Polanski was being victimized by vengeful Americans and their Swiss lackeys. The President of the German Film Academy was especially outraged because Polanski, an internationally acclaimed director, was arrested at a film festival. Franz Wagner, a German columnist, noted Polanski’s mother had died in Auschwitz and argued that Polanski should therefore be released “because he has suffered enough.” Perhaps the silliest comment came from French intellectual Bernard-Henri Levy. He thought Polanski, 43 at the time of the rape, should be forgiven for “a youthful error.”

Few of the European apologists or commentators have reflected how Polanski’s flight was an affront to the American justice system. Having pled guilty to rape, Polanski basically skipped bail and then continued to thumb his nose at the judge and courts for decades. This type of behavior is a more troubling matter for many Americans, given the central place a belief in the rule of law has in the dominant ideology. The rule of law is of course also held dear in Europe, but the Polanski affair makes clear Europeans are as likely to draw a sense of right and wrong from nationality, history, and a respect for art as they are to rely on a court of law.

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4 Comments so far

  1. Gordon Hylton on October 12, 2009 10:19 pm

    It is extremely disturbing to read but the Smoking Gun website has published images of the grand jury testimony in the Polanski case 32 years ago.

    No matter how much one admires Polanski’s work or sympathizes with his family’s mistreatment by the Nazi’s, one cannot read this and reach any conclusion other than that he should be returned to the US for incarceration.

    With all due respect to Whoopi Goldberg, this was “rape rape.”

  2. Sean Horkheimer on October 12, 2009 10:20 pm

    “…but the Polanski affair makes clear Europeans are as likely to draw a sense of right and wrong from nationality, history, and a respect for art as they are to rely on a court of law.”

    Even limited to European politicians and artists, I’m fairly certain there are numerous Europeans that have voiced their opinions to the contrary. Luc Besson, for instance, did not sign the circulating petition from various film directors (Woody Allen, Martin Scorsese) supporting Mr. Polanski.

    Here’s a link to a New York Times article:
    http://www.nytimes.com/2009/09/30/movies/30polanski.html

    “France Divided Over Polanski Case”

    There doesn’t seem to be a uniform sentiment for all Europeans (or even Americans, for that matter). Are there differing views? Certainly. But let’s not paint an entire continent with the same brush. We Americans would feel a slight annoyance should the Europeans ever characterize us in such a broad manner.

  3. Colin Shanahan on October 13, 2009 2:59 pm

    What Mr. Polanski did was reprehensible. However, the actions of the Judge at his trial also discreditable. The HBO Documentary ‘Roman Polanski: Wanted and Desired’ lays out how this Polanski’s trial played out.

    The circumstances of Polanski’s life, from his early life in Nazi occupied Poland to the gruesome death of his wife and unborn child, were fresh in the minds of many Angelinos. There was some fear that like so many other celebrity trials, Polanski would walk. The parties agreed that Polanski was to have a psychiatric evaluation and would be released. After completing the evaluation, the Judge reneged and Polanski fled.

    This case should not be held out as an example of American Rule of Law.

  4. Martin Tanz on December 16, 2009 12:54 pm

    I am a little late to the party on this. I work as a criminal defense attorney in Milwaukee, and the conduct that Polanski admitted to as part of his plea, if committed today, would get Polanski locked up in a state prison for a good long time, at least 8 or 10 years would be my estimate. Polanski got a sweatheart deal because he was a rich and famous director, and bolted because he didn’t want to risk doing even a couple of months in jail.

    I have represented clients who got 5 or 6 years for far less reprehensible conduct, like sex with an underage girl where she consented and he didn’t know she was underage. Curiously, no European intellectuals or Hollywood celebrities ever came to the defense of any of these guys.

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