According to the Sexual Assault Glossary of Terms, it defines statutory rape as “sexual intercourse between an adult and a minor. The adult can be found guilty of statutory rape in courts of law even if the minor was a willing partner.”
According to the laws of California, Unlawful Sexual Intercourse with a Minor is defined as:
- an adult can be guilty of unlawful sexual intercourse if he or she has sex with a minor.
- a minor can be guilty of unlawful sexual intercourse if he or she has sex with another minor.
What are the penalties for Unlawful Sexual Intercourse?
1) If a person is no more than three years older than the minor with whom they have sex, that person is guilty of a misdemeanour and can be imprisoned in the county jail for up to one year or fined up to $1,000.00.
2) If a person is more than three years older than the minor with whom they have sex, that person is guilty of a misdemeanour or a felony. If convicted of a felony, that person can be imprisoned in state prison for up to four years.
Now despite what anyone may think would be the fitting punishment for director Roman Polanski, even if he’s returned to the States on the 32 year-old charges of unlawful sex with a minor, laws state that he won’t get what people want him to get. Namely. tossed in prison with the key thrown in the Pacific. It won’t happen. Even the issue of the flight to France would be off the table if the case is completely thrown out. But according to the California Penal Code contained in subsection (b) of section 4530, Polanski could receive up to 16 months to two or three years in prison to be served consecutively. Though if the case is throwing up completely after the appeals process is done, it too will be vacated because it is connected to the initial crime. Ergo, no crime…no need to flee.
It is still amazing to me the amount of people who refuse to STILL look at the facts of this case. Those are that the term ‘unlawful sexual intercourse’ is tantamount to consensual sex, no matter which way anyone wants to cut it. The fact that Geimer was thirteen at the time, is the only matter in which anything illegal happened. So far as this blogger can tell, there is no evidence against Polanski other than the panties containing what appeared to be semen.
According to Geimer’s (nee Gailey) initial testimony, which all posters on message boards love to point to on thesmokinggun.com website, she testified Polanski had ‘entered’ her through the back or ‘butt’ as she called it. She also stated that he’d performed ‘Cuddliness’ on her. Cunnilingus for the uninitiated. However, acccording to the medical and scientific evidence, all slides came back negative. For anyone having seen any one episode of “Law & Order: Special Victims Unit”, this means no force and no noticeable intercourse took place. Tissues around the anus are so sensitive that any kind of insertion of anything larger than a pencil, would cause damage, yet Geimer had no visible tearing or bruising either anally or vaginally. There was no hint of saliva, which would also have been present in the panties, except, no blood typing or sub-typing took place. This leaves one conclusion of the medical and scientific evidence fails, either no sex occurred, or some kind of consensual sex occurred. Meaning that whatever sex happened, was not rape or force, rather a simple act of saying ‘yes’.
Most would consider that Geimer saying she said ‘no’ repeatedly would be enough to say it was rape, but with her shifting feelings on Polanski and his work, it says something else to the intelligent observer. As a rape victim myself, I can tell you no true victim of rape ever wishes the charges to be dropped against their perpetrator. NONE! They can forgive, certainly. That is the inherent nature within us all. But the fact is the hurt has been done. One who has truly been violated does not seek some kind of closure through asking for a dismissal of the charges. I know in my case, there was no trial and no reporting to the authorities, but if I had, I can tell you with certainty I’d want him to rot for what he did to me. No doubt. What I don’t know about Geimer is how she can cooperate with the Zenovich documentary without saying something about no matter what illegalities Rittenband committed, Polanski still has to do the time for what he did to me. But there’s none of that. Only saying the charges should be dropped. In her affidavit filed in January when Polanski’s lawyers asked for a dismissal of the charges, she states, “If Polanski cannot stand before this court to make this request, I, as the victim do. I have urged that this matter come to a formal end. I have urged the district attorney and the court dismiss these charges.” This goes counter to any true victim’s right to seek justice for what was horribly done to them. That she does not want ‘justice’ for herself, means there is only one reasonable conclusion: The sex was consensual.
Now before anyone comes down on me stating that a 13 year-old cannot consent, I submit they can…and do. The time when this incident occurred was not like today’s insistence on ‘protecting the child’. In fact, it was all about the child seeking independence for themselves as well as their baby boomer parents seeking to relieve themselves of parental responsibilities. Films like “The Ice Storm” starring Sigourney Weaver and Kevin Kline are indicative of what the 70s was like. Key parties, wife swapping, orgies, drinking and drugs were all the rage. This was the upswing to Disco and where Studio 54 flourished in a Dionysian dream of permissiveness and sexual liberation. This was before AIDS and the so-called ‘punishment’ for having sex began. There were no apologies given, it was just done. The moral shift began in the Regan era where ‘just say no’ was tantamount to your mother shaking her finger at you for being naughty. Evangelical ministers like Jerry Falwell and Jim Baker were preaching on the ills of the 70s, when in all actuality they were having affairs and doing the deed despite their ranting. Whatever the 70s were, I’m pretty pissed at all those wanting to conscript my era for their own, when they never lived through it. They certainly do not know of the permissive element of that time.
Portions were removed due to constant misuse of the material contained within my story of my rape…they will not be returning so don’t ask. This is the reason due to Lazy’s chronic idocy.
Looking at this testimony by Promy herself, she admits to having a tenacious sexual appetite and was not only knowledgeable of “how things work” but followed through with said comprehension. Definitely not the angel her father so believed.
Here we see that her parents themselves are more or less degenerates that shouldn’t have had kids to begin with. Where were they during the incident? Getting drunk
Here, based on her testimony, she was anxious AND enthusiastic about her sexual feelings, even going as far as to lure men to her. PURPOSELY luring OLDER men to her.
Here, we can see that she did ABSOLUTELY NOTHING to stop him. She didn’t protest. She didn’t fight back. She didn’t even scream.
This was the only thing on her mind after the “incident”. Like she had no problem what-so-ever about what had just happened. And why not? Didn’t she dress provocatively on purpose to “test the waters”? Apparently she got exactly what she intended on getting. Laid.
Based on this part of her testimony, it proves that she didn’t want him to get in trouble. She was actually PROTECTING the man that supposedly “raped” her.
So here’s what we got so far:
1. She dressed provocatively to attract the older men at her parent’s party.
2. She did nothing to prevent the incident.
3. She did nothing to alert the others at the party.
4. She didn’t protest ANY of the actions during the “incident”
5. She made absolutely sure her parents and everyone else didn’t know what was going on.
She even testifies that she preferred the older man to her boyfriend; which she so quickly cheated on.
She also CONTINUED to wear provocative clothing, perhaps to lure yet another fly into her web of deceit.
Again, she proves that she was diligently trying to protect her “rapist”, her confederate…her LOVER.
So in conclusion, this “rape” wasn’t a rape at all but an incident that was CREATED by a horny teenager looking to generate some attention for herself. And when the sex wasn’t enough, she turned it into a soap opera of destruction that nearly tore her whole family apart and almost besmirched a man who was nothing more than a puppet in her game of deception.
And yet again, this man, this victim of a seductive, fornicating teenager apologized. Showing nothing but compassion for her, even after all the trouble she caused for not only his family but also hers.
Judge for yourself Lazy’s stupidity. That he didn’t get that it was RAPE and not some ‘seductive, fornicating teenager’. It’s obvious he doesn’t get complex thought or else he’d have gotten the point by now that Geimer is no victim and he’s barking up the wrong tree. But that’s our Lazy.
According to Geimer, the event can “All go away…” Her words. She also claims she’s ‘so over it’. She has also gone almost over backwards to make sure the courts don’t punish him further for that night, even so far as to sign an affidavit with the court in January 2009 to ask that all charges against Polanski be dropped and it all be done to ‘save her any further personal harm’. What harm, I ask?
A victim of rape simply doesn’t forgive and forget and move on. It is a permanent imprint on your soul. So deep is it, it does affect everything you do for the rest of your life. Certainly, it isn’t a memory 24/7, but it does colourize who you become and the motions you make as you go through life. I know it has me. Samantha Geimer went so far as to publically forgive Polanski in 1997. In 2003, she wrote an op-ed piece for the LA Times in which she said:
“But I believe that Mr. Polanski and his film should be honoured according to the quality of the work. What he does for a living and how good he is at it have nothing to do with me or what he did to me. I don’t think it would be fair to take past events into consideration. I think that the academy members should vote for the movies they feel deserve it. Not for people they feel are popular.”
My rapist was an interior designer. For me to write an almost glowing letter of praise for his work or what he did, would be against my very nature. He hurt me. He taunted me. He raped me. No way could I ever think of writing an article for a local magazine praising his work or what he did. I certainly wouldn’t ask his peers to celebrate him with an award. It’s obcene in a way. I know what was done to me that night and forgiveness and praise is not what I would give to my rapist if I could. And some say that for Geimer to forgive Polanski means she’s a strong person, an honest person. What kind of person truly if their claims of rape are true, wants total exoneration for the brutality of what was supposedly done to her that afternoon? I know I don’t think of Christmas the way I did. I likely would change if I had children, but until that happens if ever, my feelings won’t change. And that Geimer has three children, sons, who she’s told about what happened that afternoon. How do you look at them knowing you’re telling them one thing, then doing something else to be ‘so over it’? I don’t know. I guess I’m not that forgiving.
The other reason I wrote all this is because looking back at the Zenovich documentary, the one thing it never did was explain about the medical or scientific tests done on Geimer at the time. Geimer had been taken to Parkland Hospital to be examined in light of her ‘traumatic’ rape. As is with all rape victims, swabs were taken of her anal and vaginal areas for proof of sperm or other fluids. Anyone who watches “Law & Order: Special Victims Unit” on any given week, knows this is important for any evidence in any rape whether the victim survived or not. According to the book “Polanski: The Filmmaker as Voyeur” by Barbara Leaming, the tests done on Geimer came back negative. No tearing or ripping of the anal cavity or of the peritoneum was found. No blood nor semen were found and the slides were all negative. No evidence of saliva was found. According to Geimer’s account in her Grand Jury testimony, Polanski entered her from behind, or as she said, entered her ‘butt’. She then stated that he performed ‘Cuddliness’ on her. Yet no trace of saliva as found.
All there is against Polanski is a pair of panties with what looked to be sperm, but another thing the Zenovich documentary doesn’t answer is if that sperm was tested. Blood typing and sub-typing was available back then. So a source could be found and linked to Polanski in some way as to have actual proof a rape occurred, but there is none. Today it would be easy to take a sample from those panties and get an actual DNA signature from them to identify Polanski once and for all. And if that DNA doesn’t belong to Polanski, what then?
It was known at the time that Geimer had had relations with other males. Their ages is somewhat debateable, but there was prior sexual history with other males. So where are the convictions for them? Where is the prosecution of Geimer’s mother Suzanne for neglect or allowing Geimer to run around having sex with other males? Where is the indignation from Geimer herself, for her mother’s ill attention? I know I have issues with my mom and my relationship with her is strained, yet there was Suzanne Gailey happily smiling and attending the premiere of “Roman Polanski: Wanted and Desired” on the red carpet in New York, rubbing shoulders with Dustin Hoffman, and others they’d both hoped to rub shoulders with back in the day.
The final question I have is this: If Geimer doesn’t truly feel she was harmed by Polanski, then why even bother continuing with this persecution? As a rape victim, I am incensed by the amount of shit that is being hurled at Polanski after his arrest. Like I stated in part one of this commentary, where have all these Johnny-Come-Latelies come from? What real stake do they have in the continued Polanski bashing? And after he’s cleared or pardoned, how does this maligned man get back a semblance of honour or respect?
As a victim of rape myself, one would think I’d hate Polanski. But I don’t. Why? I don’t think it was rape. I know rape. I know it was consensual. How? Read part three….