Polanski - Sex Crimes And Victim Refusals To Cooperate With The Prosecution

Folks v. Roman Polanski -- Oscar winning director Roman Polanski was arrested in Los Angeles in 1977 for unlawful sexual intercourse with a minor. Mr. Polanski entered into a plea agreement and pled guilty to the costs in exchange for time served as a sentence. The judge, nonetheless, rejected the plea agreement and set a hearing to sentence Polanski to further jail time. Prior to the sentencing hearing, Polanski fled to France which refused to extradite him to the United States -- and he has in no way returned. In September 2009, although in Switzerland for a film festival, the Swiss police arrested Polanski at the request of the U.S. authorities. The United States formally requested his extradition in October, but the Swiss authorities refused the request and released him.

The victim in the Polanski situation is now 45 many years old and has publicly forgiven him. She also filed a formal request that Los Angeles prosecutors drop the costs against him. The victim stated that the continued publication of the specifics of the incident are taking an emotional toll on her and her loved ones and that she would like to be ready to move on from the incident and cease reliving the facts of the assault. In spite of these desires, the prosecutors are nevertheless pursuing Polanski, and intend to arrest and sentence him really should he ever come to the United States again.

In a lot of sex crimes and domestic violence circumstances the victims state that they want for the costs to be dropped or that they do not wish to participate in the prosecution of the situation. Even though this could have an effect on the prosecutors selection to proceed with the situation, it is not (as in the Polanski situation) the identifying aspect on regardless of whether to proceed with or to drop a situation.

Contrary to well-known belief, victims in sex crimes and domestic violence situations do not pick no matter whether to prosecute or drop a situation -- that determination lies solely with the prosecutor. Prosecutors represent all of the Men and women of the State of California and the belief is that they have an interest in prosecuting offenders whether or not the victim cooperates or not. In addition, even if a victim refuses to testify, there may possibly be enough proof for the prosecutor to win at trial by making use of witness statements, the defendants statements to police, or other proof of the crime.(

Sincerely, Steven Valerio and Garret Weinrieb( Valerio | Weinrieb Criminal Defense Attorneys

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