Re: The Ethics of the Polanski case
by
Havelock
09/28/2009, 8:50 PM #
NightSwimmer:"I don't like to discuss it in public because I know that so many folks have an emotional and irrational response to this issue, but I don't think that 'statutory rape' of a 13 year old should be considered a crime."
I sympathize and understand your reluctance. It is hard (and usually unrewarding) to go up against popular and ingrained emotional and irrational responses. So, kudos on making the effort. That said...
NightSwimmer:"I am old, but I recall being 13. I was old enough to make my own judgments regarding sexual activity and drug use. I knew many people that age who were having consensual sex and many who chose not to. If it is consensual, with no threat of violence involved, then it is just sex. You may find the thought of it disgusting and abhorrent, but it is not criminal."
I think I'm a little younger than you, but I recall being 13 too. I was very mature for my age in some ways, but I didn't have a well-formed sexual identity by any means. I reckon a lot of folks don't at age 13. I was awfully curious, though. So I think it would have been pretty easy for a 40 year-old to take advantage of my naiveté. Don't get me wrong, I don't think that an encounter between a 13 year-old and a 40 year-old is necessarily harmful. But it certainly can be and I think it's more likely to be harmful than an encounter between two mature adults. Accordingly, I don't think that 40 year-old ought to go around seducing 13 year-olds and that we ought to do something to discourage that.
I guess I'm saying that the judgment of the average 13 year-old isn't that reliable or well informed. We protect minors from themselves in all sorts of ways; so why not in this way too. And if we don't do that via criminal law, then how should we accomplish it?
As for this case in particular, I think that if Mr. Polanski is successfully extradited then he ought to serve a little time, mostly for fleeing the jurisdiction. Justice ought to be served something, eh? Maybe six months in a minimum security facility... And he can pay a hefty fine and do some some community service while on parole for six months, maybe a year. Past that, since the victim has moved on then I think the rest of us might just as well do the same. Surely a deal can be worked out at this point. I'd think that Roman would be as eager as anyone to put all this to rest. And, by the way, I'd recommend the same deal if it was Robbie Jablonsky the janitor living in a trailer park rather than Roman Polanski the famous film maker.
Cheers.