Judge Refuses To Dismiss Rape Case Against Polanski

Gloria Allred and Roman Polanski Getty Images

The Los Angeles Superior Court has refused to dismiss the 40-year-old rape case against Roman Polanski after Samantha Geimer, who the film director raped when she was 13-years-old, pleaded with them to do so.

In a ruling last night, on Polanski's 84th birthday, Judge Scott Gordon said the case should not be rejected "merely because it would be in the victim's best interest".

Geimer told the court she has forgiven Polanski and wants to move on with her life.

"The defendant continues to stand in a position that is at the core of the fugitive disentitlement doctrine", writes Gordon.

A dismissal of the case would have been music to the ears of 84-year-old Polanski, who has repeatedly attempted to get the charges dropped so he can return to the USA for the first time since he fled justice in 1978. "In this case Ms. Geimer was a victim of serious crimes committed by the Defendant when she was thirteen years old".

His lawyer, Harland Braun, has argued for his client to be sentenced in absentia to time served, giving him credit for previous time behind bars.

After spending 42 days in a men's facility in 1978, Polanksi headed to LAX and France when he heard whispers the presiding judge was talking about putting him in jail for up to 50 years.

The fact is that Braun, various other Polanski legal representatives and more that a few interested parties over the years have insisted that the testimony from Gunson, an ex-Deputy District Attorney, unveils a scrapped agreement that puts the case in a different light.

"There will be no discussion regarding what will happen until Mr. Polanski returns", Lacey added. As a result, he is now only able to travel from his country of residence, France, to his birth country, Poland, and to Switzerland, all of which have refused previous USA requests to extradite Polanski.

He said instead that it was Polanski himself who was continuing to victimise Geimer by allowing the case to continue to drag on. "Because he does not owe any additional custody time to the court, there would be no goal in an additional arrest other than to assert personal jurisdiction".

Geimer sent The Hollywood Reporter a statement Friday in response to the decision.

Geimer told the judge that she was deeply disappointed Polanski had not been able to resolve the case with prosecutors and implored Gordon to "bring this matter to a close as an act of mercy to myself and my family".

"I have braced for this, but still it's a heavy blow on my hopes".

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