Polanski and the Statute of Limitations
Posted by Sappho on October 1st, 2009 filed in News and Commentary
I am not a lawyer (with apologies to mythago and anyone else who winces whenever she sees those words). But with all the talk of statute of limitations, after Roman Polanski’s arrest, I feel compelled to look at Findlaw to see what it actually says about statute of limitations laws.
A statute of limitations is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. After the period of the statute has run, the criminal is essentially free.
Statutes of limitation generally require the criminal to remain in the state, gainfully employed and visible, seeming to necessitate that the criminal remain “catchable.” If the authorities fail to discover a criminal living in the open within a specified amount of time, society has determined that at that point the criminal should be able to live free from the possibility of prosecution….
Now, let’s consider the Polanski case. Roman Polanski was charged shortly after he drugged and raped that thirteen-year-old, by any standard well within the statute of limitation laws. Grand jury testimony was taken. He chose to plead to a lesser charge (unlawful sex with a minor as opposed to raping said minor). So, to start with, the fact that he’s already pled guilty to the crime means that the statute of limitation laws don’t apply, because they’re about making sure you don’t get charged and tried for crimes long after the evidence has gone cold. And, second, if statute of limitation laws generally require the criminal to remain within the state, well, fleeing to Paris kind of means the statute of limitations probably doesn’t apply in your case, no?
And, as for age, there are guys in their seventies in federal prison for lesser offenses than raping a thirteen-year-old. They just aren’t as famous and talented as Polanski. But for certain things, fame, talent, and the tragic death of your wife still shouldn’t give you a pass.
Other people on Polanski:
Eugene Robinson at the Washington Post.