Re: does mitigate the fact
by
bagelwoman
10/14/2009, 1:01 AM #
The problem I have with this response is that the column reaches its conclusion that "there's a difference between pedophilia and taking advantage of somebody who's old enough to be interested in sex but too young to judge the physical and emotional risks of messing around" by relying on the probation officer's assesment that the victim was "willing." The column made her "willingness" part of the reasoning for being lenient. But that fact isn't established by virtue of the plea bargain, and it's not a basis for arguing that in general having sex with children too young to understand the risks is generally not a big deal if they are "willing" - the whole point of statutory rape laws is that they are incapable of making that decision. An argument against that should confront why we should or should not allow children to make that decision given their inability to assess the risk, not simply say that a victim is willing because the perpetrator entered a plea bargain.
We don't know what crimes Polanski would have been convicted of had it gone to trial; the fact of the plea bargain does not establish that the forcible rape didn't happen, it means that it was more expedient to allow a plea. And it's only circular reasoning to suggest that because Polanski pled guilty to non-forcible rape, the victim was actually willing and therefore his plea bargain was fair.