Comments on: Polanski’s Sentencing Report http://neveryetmelted.com/2009/10/06/polanskis-sentencing-report/ The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. -- D.H. Lawrence Fri, 10 Feb 2012 04:06:15 +0000 hourly 1 http://wordpress.org/?v=3.3 By: David http://neveryetmelted.com/2009/10/06/polanskis-sentencing-report/comment-page-1/#comment-152367 David Tue, 05 Jan 2010 20:55:22 +0000 http://neveryetmelted.com/?p=7355#comment-152367 JDZ, Is there a point to your discursive ramblings? Is it that the law should be applied selectively? A guy drugs a 13 year old and fucks her from both ends. That's against the law. There's a history of Hollywood types getting off -- pun intended -- illegally and getting away with it. What are ya'? A reactionary? Ya' can't handle change? Your essay would get you an "F" in high school. It's unclear, illogical, and cites weak authorities. Do over! JDZ,

Is there a point to your discursive ramblings? Is it that the law should be applied selectively? A guy drugs a 13 year old and fucks her from both ends. That’s against the law.

There’s a history of Hollywood types getting off—pun intended—illegally and getting away with it. What are ya’? A reactionary? Ya’ can’t handle change?

Your essay would get you an “F” in high school. It’s unclear, illogical, and cites weak authorities. Do over!

]]> By: JP http://neveryetmelted.com/2009/10/06/polanskis-sentencing-report/comment-page-1/#comment-146084 JP Wed, 07 Oct 2009 19:46:53 +0000 http://neveryetmelted.com/?p=7355#comment-146084 A 13-year old does not have the mental capacity or judgment to consent to either sex with an adult or to consume alcohol or drugs. That's why they cannot do either under the law and child is rape per se. That's also why minors cannot even enter into civil contracts. You make sweeping assumptions about the probation officer and prosecutor and judge. One could just as easy assume that the probation officer and prosecutor were influenced by his celebrity status and powerful friends and that the judge was preventing a travesty of justice. In short, to suggest as you do that the victim, a child, bears some responsibility for the conduct of the rapist is wrong and disgusting. Finally, he did not escape an "injustice." He knew that one risk of the plea was that the judge could reject the proposed sentence. What he did not count on was a judge who recognized that the proposed sentence was a travesty in light of the serious crime by a much older adult against a child. Polanski's later behavior with adolescent girls shows that he did not make a one time error in judgment; rather, he's into young girls. Why you make excuses for him? A 13-year old does not have the mental capacity or judgment to consent to either sex with an adult or to consume alcohol or drugs. That’s why they cannot do either under the law and child is rape per se. That’s also why minors cannot even enter into civil contracts. You make sweeping assumptions about the probation officer and prosecutor and judge. One could just as easy assume that the probation officer and prosecutor were influenced by his celebrity status and powerful friends and that the judge was preventing a travesty of justice. In short, to suggest as you do that the victim, a child, bears some responsibility for the conduct of the rapist is wrong and disgusting. Finally, he did not escape an “injustice.” He knew that one risk of the plea was that the judge could reject the proposed sentence. What he did not count on was a judge who recognized that the proposed sentence was a travesty in light of the serious crime by a much older adult against a child. Polanski’s later behavior with adolescent girls shows that he did not make a one time error in judgment; rather, he’s into young girls. Why you make excuses for him?

]]> By: Billy Oblivion http://neveryetmelted.com/2009/10/06/polanskis-sentencing-report/comment-page-1/#comment-146082 Billy Oblivion Wed, 07 Oct 2009 12:52:43 +0000 http://neveryetmelted.com/?p=7355#comment-146082 Don't suppose it's possible that Hollywood was protecting it's own? Nah. They'd never do that. Don’t suppose it’s possible that Hollywood was protecting it’s own?

Nah.

They’d never do that.

]]> By: boligat http://neveryetmelted.com/2009/10/06/polanskis-sentencing-report/comment-page-1/#comment-146079 boligat Wed, 07 Oct 2009 03:53:03 +0000 http://neveryetmelted.com/?p=7355#comment-146079 The thing that bothers me is the apparent willingness on both sides to place too much significance on the testimony of the victim as to what, apparently, happened not only during, but previous to the incident. As a teacher I have been told many times that you can't sign away the rights of a child. In some cases that refers to having parents sign waivers or some such which supposedly protects a teacher/adult sponsor/whoever in the event of accident or injury to the child during an event sponsored by the adult. The person in charge can still be prosecuted on behalf of the child regardless of any 'waiver'. Secondly, the child can't sign the same waiver either, as, legally speaking, the minor is not deemed responsible enough to make such a judgement. Not only can one not sign away the rights of a minor, one cannot behave away those rights either. Not a parent, nor a teacher, nor a famous hollywood producer. And neither can the minor in question. I'm concerned about those that place so much emphasis on the girl's testimony and conveniently ignore the legal arrangements that had already been made. I'm also concerned about those that say that since the girl already admitted that she was not a virgin and that she had posed topless previously that somehow it was no big deal. The thing that bothers me is the apparent willingness on both sides to place too much significance on the testimony of the victim as to what, apparently, happened not only during, but previous to the incident.

As a teacher I have been told many times that you can’t sign away the rights of a child. In some cases that refers to having parents sign waivers or some such which supposedly protects a teacher/adult sponsor/whoever in the event of accident or injury to the child during an event sponsored by the adult. The person in charge can still be prosecuted on behalf of the child regardless of any ‘waiver’.

Secondly, the child can’t sign the same waiver either, as, legally speaking, the minor is not deemed responsible enough to make such a judgement. Not only can one not sign away the rights of a minor, one cannot behave away those rights either. Not a parent, nor a teacher, nor a famous hollywood producer. And neither can the minor in question.

I’m concerned about those that place so much emphasis on the girl’s testimony and conveniently ignore the legal arrangements that had already been made. I’m also concerned about those that say that since the girl already admitted that she was not a virgin and that she had posed topless previously that somehow it was no big deal.

]]> By: Mark30339 http://neveryetmelted.com/2009/10/06/polanskis-sentencing-report/comment-page-1/#comment-146077 Mark30339 Tue, 06 Oct 2009 23:57:18 +0000 http://neveryetmelted.com/?p=7355#comment-146077 Bravo. When conservatives herd in a blood-thirsty frenzy, I get nervous. Grand jury testimony by the underage victim is the only narrative out there, and it is touted as undisputed historical fact. Clearly there was other testimony and evidence that indicated a lower level of culpability for Polanski, and a plea bargain was arranged to the satisfaction of the prosecutor and the defense counsel. Further, Polanski settled the victim's tort claims on terms satisfactory to her, and understandably, the victim wants the matter dropped. Child molestation is extremely serious, but a public hanging on leaked and one-sided grand jury transcripts is, as conservatives usually like to say, unconstitutional. I have no admiration for Polanski, but I have fear and contempt of a legal system that reneges on a deal after a defendant compromises himself with a guilty plea and serves a 90 day pre-sentencing and evaluation prison term. Bravo. When conservatives herd in a blood-thirsty frenzy, I get nervous. Grand jury testimony by the underage victim is the only narrative out there, and it is touted as undisputed historical fact. Clearly there was other testimony and evidence that indicated a lower level of culpability for Polanski, and a plea bargain was arranged to the satisfaction of the prosecutor and the defense counsel. Further, Polanski settled the victim’s tort claims on terms satisfactory to her, and understandably, the victim wants the matter dropped. Child molestation is extremely serious, but a public hanging on leaked and one-sided grand jury transcripts is, as conservatives usually like to say, unconstitutional. I have no admiration for Polanski, but I have fear and contempt of a legal system that reneges on a deal after a defendant compromises himself with a guilty plea and serves a 90 day pre-sentencing and evaluation prison term.

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