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Bernard-Henri Lévy

Bernard-Henri Lévy

Posted: October 27, 2009 06:34 PM

For Roman Polanski

What's Your Reaction?

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Time is passing. And Roman Polanski is still in prison, goes to bed and wakes up in prison, sees his wife one hour a week in the visiting room of a prison -- all while his 11 and 16-year-old children, when they have the courage to go to school, have to confront the gaze of friends who have heard at home that the dad of the little Polanskis, the man everyone fluttered around vicariously via their children, the parent of a student that they were exhilarated to recognize on TV the night of the Césars, was ultimately a criminal, a rapist, a sodomite, a pedophile.

Since we're at this point, since time is passing and everyone seems to find nothing wrong with the situation, since Roman Polanski's supporters are losing faith and, sometimes, are even starting to doubt, since the pack of gossipers have even succeeded, it seems, in convincing the French minister of culture that he spoke too hastily, and under the influence of emotion, though he only did his duty, I want to say again, once more, why this affair is shameful.

It is shameful to throw a 76-year-old man into prison for unlawful sex committed 32 years ago.

It is shameful that, in countries where, like in Europe, you can bump off an old lady, torture your fellow man, mutilate him, and know that your crime, like all violent crimes, will be commuted after 10 or 15 years, everybody acts as if Polanski's crime should be immune to any possibility of commutation.

It is shameful to see the regulars of the global Café du Commerce, whose Pavlovian anti-Americanism never leaves them at a loss for words when lambasting America on any and everything, are suddenly silent, become gentle as lambs and, when it comes to Polanski, just repeat: "Ah, that's America... better not mess with American law... dura lex sed lex [the law is harsh, but it is the law]..."

It is shameful to hear a militant for human rights who, like the French activist Gisèle Halimi, has spent her life securing the release of people for more serious crimes than that for which we reproach the author of The Pianist, howl with the wolves: "A crime was committed; justice is the same for everyone; Polanski must be judged."

It is shameful to see the intellectuals, whose role should be to calm the frenzy and cool popular anger, ratchet up, like Michel Onfray in Libération, the moment when "the worst are full of passionate intensity" (Yeats) and to indulge, in the name of abused childhood, in the most obnoxious amalgams (why don't we hear these intellectuals denounce with equal ardor, the limitless outrage that is the martyrdom of child soldiers in Africa, or child slaves in Asia, or the hundreds of millions of children dead of hunger, according to the estimates of the Food and Agriculture Organization (FAO), for the last...32 years?)

It is shameful to see Luc Besson rush to television, cloaked in ingenuous probity, inveigh against Polanski, like in the worst era of the McCarthyist witch hunts, and denounce his friend.

It is shameful to keep repeating, like some are doing, that justice should be "equal for all" while, if there is indeed an "inequality," if there is a double standard, it is to the detriment, not to the advantage, of Polanski. I've tested it. Last October 2, on the NPR show On the Point, I confronted Geraldine Ferraro's refrain, which she repeated ad nauseum: "Polanski has had a lovely life; now, he has to pay." I sent out a challenge to listeners: "Show me a case, a single one, of an anonymous person, guilty of the same crime, who was tracked down thirty years after the fact." To this day, no one has found a single one. And no one has found one precisely because you had to be Polanski, you had to be an artist renown over the globe for an elected prosecutor, soon to embark on an electoral campaign and starved for publicity, to resurrect the case from oblivion, to which, even in the United States, popular wisdom relegates the very old case files of non-recidivist delinquents.

It is strange -- shameful, and strange -- to see how the same people who, intoxicated by suspicion and seeing conspiracies everywhere, spend their time investigating the secret agendas of the States, but do not seem at all bothered by the timing that is, undoubtedly, extremely bizarre: a man who has a house in Switzerland; who has gone there for years now, every school break with his family; and who, all of a sudden, without any new element, returns to the nightmare that has been his lot in life.

Because it is shameful, finally, that we can't, when we talk about his life, evoke his childhood in the ghetto, the death of his mother in Auschwitz, the murder of his young spouse, eviscerated along with the young child she was carrying, without the prayers of the new popular justice crying, "Blackmail!': even for the most abominable serial killer, the prevailing "culture of excuse" jumps to scrutinize the difficult childhood , the broken family, the traumas -- but Roman Polanski would be the only person in the world under judicial jurisdiction not to have the right to any kind of attenuating circumstance...

It is the entirety of the affair, in truth, that is shameful.

It is the debate that is nauseating and from which we must abstain.

I hardly know Roman Polanski. But I know that all those who, from close and from afar, join in this lynching will soon wake up, horrified by what they have done, ashamed.

Translated from French by Sara Phenix.

 
 
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06:07 AM on 11/28/2009
Aren't philospher­s supposed to be logical? Is it me, or does this line make no sense at all: "It is shameful to throw a 76-year-ol­d man into prison FOR UNLAWFUL SEX committed 32 years ago." The reason it took so long was that he fled the country. Would it not be shameful if we're talking 10 years maybe?

And when he says this: " I sent out a challenge to [NPR] listeners: "Show me a case, a single one, of an anonymous person, guilty of the same crime, who was tracked down thirty years after the fact." Can we maybe point to dozens of guilty American and Irish Catholic priests?
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Ergon
Man From Atlan
05:32 PM on 11/25/2009
WE should be ashamed?
Has Roman Polanski ever expressed shame, or remorse? No, he tried to pass it off as nothing.
12:57 PM on 11/25/2009
First of, while I do feel some sympathy for Roman Polanski's kids, I think it needs to be said that Roman Polanski ultimately bears the responsibi­lity for their current situation. When Mr. Polanski chose to become a father, he did so knowing full well that he was not free and clear on the legal front, and that this day might come.

The principle involved here is that no justice system can allow the perception that it will permit people to flee from justice and just let them off. Mr. Levy argues that Roman Polanski is being treated unfairly in that other people who flee justice for 30 years don't end up facing the consequenc­es of their actions. Besides the fact that this is patently untrue (How many Nazis have been brought up on charges decades after they fled?), the fact is that most people who flee justice actually go into hiding. Then they either get caught well before the 30 year mark or they hide so well that they are almost never found. Mr. Polanski didn't go into hiding, and would have been picked up well before now, if it had ben possible.
06:09 AM on 11/28/2009
Fantastic comment!
12:41 PM on 11/25/2009
This article is pretty disgusting­. I'm going to be ashamed because a convicted child rapist fled his (very lenient) sentence and now he is paying the price? Never.
You can invoke his hardships in life as much as you want, but not in defense of raping a child. Its indefensib­le.
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JWB2012
11:19 AM on 11/02/2009
One little tidbit that doesn't get mentioned much is the very real prospect of nature's law of cause and effect. Some refer to this law as karma - or even, "what goes around, comes around". Call l it what you will, the law is real, and RP will answer to it. Herein I find my solace.
01:56 AM on 10/31/2009
Please, please throw the book at him. He is a pervert who raped a little girl. It does not matter how many times she had sex, drank or did drugs. He pleaded guilty to rape and then fled the jurisdicti­on of the court. He has not excuse, no extenuatin­g circumstan­ce. He violated the law and he should be punished for that.
I have lived in South America and Europe. While there I kept myself within the law. I do not believe that fame or notoriety should be an excuse for getting off without paying your debt to society.
Please put this monster away where he can no longer harm children. He is a danger to society.
02:26 AM on 10/31/2009
He is a danger to society...­..........­.......

you are absolutely right ::-)
12:21 PM on 11/07/2009
'Danger to society'? All of a sudden? Um, have you ever actually heard/read­/seen anything to substantia­te such accusation that he did 'harm children' over the decades, hm? I haven't, and I'm in my fifties, curious. As for the 'little girl' part, she was an adolescent­, a teenager, NOT a 'child' in the eyes of the law. He pleaded guilty to 'statutory rape', and that's something different altogether than actual rape. That's sleeping with a minor, consensual or not since the law disallows consent even if given. BIG difference and NOT rape. And 'pervert', 'monster? That's YOUR very subjective perception­, not 'fact'. And 'debt to society'? Let me remind you that he did his time, was released, and only fled because the corrupt judge had illegally reneged on their plea bargain wanting to sentence him again, that's why he actually was removed by BOTH attorneys. Funny that one of them said he'd done the same. I wonder why.
11:44 AM on 11/11/2009
Let me remind you that 1) Polanski fled the night before sentencing­; 2) judge was not bound to accept the plea bargain, he could change his mind and there is nothing illegal about that, and Polanski was warned about that possibilit­y at his plea hearing; 3) Judge was not removed by BOTH attorneys.

Polanski’s attorney was too sure his client would get just a slap on his hand. Polanski fled after his attorney told him the night before sentencing that he is not that sure anymore….
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Ergon
Man From Atlan
10:30 AM on 11/26/2009
Society is in danger when its system of laws is seen to be easily flouted by the rich and famous.
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Leper
Giving the finger to intolerance
10:58 PM on 10/30/2009
You're words make Albert Camus cry.
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Leper
Giving the finger to intolerance
11:07 PM on 10/30/2009
>> You're
Damn, that was awful. I know better than thet.
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jackbutler5555
06:22 PM on 10/29/2009
Just out of curiosity, does anyone here really know what a non-celebr­ity in 1977 would receive for a sentence for unlawful sex with an underage girl?

A lot of folks here would say MORE. Do they base it on data?

Or is it everybody knows, common sense -- that kind of stuff?
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Jeff Norman
07:43 PM on 10/30/2009
The maximum sentence was 50 years. I don't know what the average sentence was.

According to Sandi Gibbons in the DA's office, Polanski is now facing a maximum of two years if he returns. That would be for unlawful sex with a minor. She says it's likely the original charges would be officially dismissed at the time of sentencing­, and unlikely that he'd face an additional charge for fleeing.
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jackbutler5555
08:39 PM on 10/30/2009
The reason I ask, of course, is to test the rampant speculatio­n here that he received a light sentence because of his celebrity.
12:21 PM on 10/31/2009
Did she provide a reason for why they wold not prosecute him for fleeing?
11:55 AM on 11/11/2009
The maximum sentence was 20 years.

From Roman Polanski ‘s Plea transcript­:

Mr. Gunson: Mr. Polanski, before you can plead guilty, you must understand the possible direct consequenc­es of your plea. Do you understand you are pleading guilty to a felony?
The Defendant: Yes.
Mr. Gunson: What is the maximum sentence for unlawful sexual intercours­e?
The Defendant: It’s one to fifteen – twenty years in State Prison.
http://www­.thesmokin­ggun.com/a­rchive/yea­rs/2009/09­28091polan­skiplea7.h­tml
01:05 PM on 10/29/2009
"It means he went down on me, or he placed his mouth on my vagina. . . . I was ready to cry. I was kind of -- I was going, 'No. Come on. Stop it.' But I was afraid."

Samantha's testimony that day was unequivoca­l: She had kept trying to get away from him, putting her clothes back on, saying no repeatedly­. She had made up a lie about having asthma to get out of a Jacuzzi. He persisted. She was scared. She did not physically fight him off. He began to have sex with her, then, concerned she might get pregnant, switched to anal sex. When he drove her home, he told her not to tell her mom, adding, "You know, when I first met you, I promised myself I wouldn't do anything like this with you."
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jackbutler5555
06:13 PM on 10/29/2009
That's what she said all right.
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Jeff Norman
01:10 AM on 11/01/2009
Great response, Jack!
06:16 PM on 10/28/2009
What a nauseating and pontificat­ing piece, chock full of silly hyperbole (the “lynching” of Polanski) and tear-jerki­ng treaclines­s (the poor, suffering Polanski children! – note: lets pray they never run into anyone like their father). And what in the world is the “attenuati­ng circumstan­ce” which would mitigate Polanski’s guilt? Also, is Levy joking when he claims that Roman is “returning to the nightmare?­” I seem to remember that Polanski is the writer and producer of this nightmare, one in which the starring role was forced upon an innocent minor with drugs (the words “rape” and “drugs” and "sodomy" never turn up).
Polanski was given special treatment thirty years ago, one totally unwarrante­d and due to his celebrity status. But despite the lenient treatment Polanski fled. Levy pretends that the delay in justice was somehow not Polanski’s fault! And of course when you have a weak defense, as Levy does, then throw out terms like “conspirac­y” and “secret agendas” of the state, with all their dark conservati­ve insinuatio­ns, to try and keep the truth at bay, which is that Polanski is a rapist.
And invoking the Holocaust to defend Polanski - what a shameful use of its victims, dragging them up from their graves to defend a criminal pedophile. This is a vacuous commentary­, one that gives new meaning to the concept “self absorbed intellectu­al.” There is not an iota of sympathy for the 13 year old victim or an ounce of condemnati­on of the depraved crime.
06:54 PM on 10/28/2009
there is no 13 year old victim....­but yes there are 45/75 year old people....­.u make it sensationa­l...
02:07 AM on 10/29/2009
Well, no.. There is not currently a 13 year old victim, because time is linear, and advances regardless of crimes committed.

However, at the time of the rape, the victim was indeed 13.
07:01 PM on 10/28/2009
well said
05:37 PM on 10/28/2009
The only thing that is shameful is that Roman Polanski didn't face justice, he ran away from it.
04:23 PM on 10/28/2009
Once again - agree and thank you!
05:03 PM on 10/28/2009
you're thanking this man for comparing rich people having to serve their sentences just like the rest of us to Emmett Till getting murdered for whistling at a white woman?
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FilthyHarry
Expletive Deleted
02:16 PM on 10/28/2009
The shamefulne­ss or lack thereof of his crimes I'll leave to those who know the facts.

However I'll never be ashamed of wanting to see those, who through power, wealth or fame believe in tiered system of justice, face what everyone else faces.

When it comes to shame and justice, if THIS story is the one that makes you upset, then you're the one who should be ashamed.
02:09 PM on 10/28/2009
Polanski was IN THE SYSTEM when he cut and ran. He knew the score.

He had found safe haven in France. He could wander that entire country with impunity, footloose and fancy free.

But he was reckless, and arrogant, and pressed his luck. And so he got busted.

End of story.
05:07 PM on 10/28/2009
wow.. you're sure misinforme­d! lol./..
02:08 AM on 10/29/2009
Actually, that was pretty accurate.

Please list how it was incorrect. I would love to see your version of the facts.
11:54 PM on 10/29/2009
seconded
06:55 PM on 10/28/2009
what a stand up.... :-)
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Romulus
01:33 PM on 10/28/2009
I'm not defending Polanski. When I first read about this I assumed that he was guilty. That's contrary to the American justice system which says that a person is innocent unless PROVEN guilty beyond the shadow of reasonable doubt.

Many believe that he was "proven" guilty because he was willing to admit to a lesser charge. But I have heard of cases where an innocent person has been convinced to plead guilty to a lesser charge in order to avoid the chance of being convicted on a greater charge even though he or she is really innocent.

Some believe because he ran proves his guilt. But there are other possibilit­ies. Perhaps he felt betrayed when he heard the judge might refuse the plea bargain. Perhaps he felt he could not get a fair trial and that's why he ran.

I'm not saying that this is true; I'm saying that we really don't know for sure what the truth is/was. There are facts that indicate that the girl MIGHT have been lying and that she and her mother MIGHT have set up Polanski in order to benefit financiall­y. Until there is a trial before a regular jury (not Grand Jury) where both Polanski and the girl/woman testify and the jury reaches a decision, I'm going to suspend any judgment as to Polanski's guilt or innocence. I think our judicial philosophy requires us all to do that.
02:26 PM on 10/28/2009
Romulus...­.you make some real valid points and im glad u not wearin any blinkers whilst dloin so
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World Citizen
03:12 PM on 10/28/2009
Really? "There are facts that indicate that the girl MIGHT have been lying and that she and her mother MIGHT have set up Polanski in order to benefit financiall­y."

Can you shed more light into these FACTS?
05:09 PM on 10/28/2009
it was mentioned st t he time-- why on the most part-- hardly anyone took this whole case seriously. mostly people went.. Poor Roman..etc­..

by the way-- I lived in LA at that time.
07:04 PM on 10/28/2009
I've got a fact: it was/is ILLEGAL for an adult to have any kind of sex with a 13 year old in California­.

Please refute that, Romulus.