http://roomfordebate.blogs.nytimes.com/2009/09/29/the-polanski-uproar/
The recent arrest of Roman Polanski, the film director who fled to France from the United States in 1978 on the eve of sentencing for having sex with a 13-year-old girl, has caused an international ruckus. The French culture minister, Frédéric Mitterrand, and the French foreign minister, Bernard Kouchner, both issued statements of support for Mr. Polanski. But many others in France have expressed outrage at that support and said he should face justice for the crime.
While it’s clear that the film industry forgave Mr. Polanski long ago, should society separate the work of artists from the artists themselves, despite evidence of reprehensible or even criminal behavior?
Flawed Human Beings
Jay Parini, a poet and novelist, teaches literature at Middlebury College. His most recent novel, “The Last Station,” about the final year in Tolstoy’s life, has just been made into a film starring Paul Giamatti, James McAvoy, Helen Mirren and Christopher Plummer.
Can one really separate the art from the man or woman who creates that art? The answer is yes, definitely.
There are many examples in history — too many — of great artists who were terribly flawed human beings, behaving very badly and hurting those around them. If anything, audiences easily make this distinction. Nobody looks at a Picasso painting in a museum and says, “I should not take this work seriously because Picasso cheated on his many wives and was abusive to his son.”
I suspect that, in a culture that rewards celebrity for its own sake, Mr. Polanski will never do serious time behind bars.
Being an artist has absolutely nothing — nothing — to do with one’s personal behavior. Wonderful human beings can be dreadful poets, painters, filmmakers, musicians. They usually are. The reverse is equally true: hideous people can make great art. Wagner is a case in point. He was a magnificent composer, but his personal failings — including a huge streak of anti-semitism — were reprehensible. His vileness as a man has no bearing on his greatness as a composer. It’s just another subject.
Needless to say, all human beings are flawed. But in some cases the flaws actually lead to legal jeopardy, and this seems to be the case with Roman Polanski. He did something horrible: having sex with a 13-year-old girl. That he should get away with such a thing is in itself immoral. If he were an ordinary working stiff, he’d long ago have paid his dues to society.
Read more…
On the other hand, the legal system in this country has so many loopholes and glitches that one has to admit Mr. Polanski has a point, if not many points, in refusing to resubmit himself to the vagaries of American justice. We punish criminal behavior in inequitable ways, often sending people to jail for ridiculously long stretches when what is really required is sustained psychological treatment and support.
From what I’ve read, the judge in the Polanksi case was about to go back on a plea bargain agreement. Harboring a huge mistrust of authority that owed something to his sad background as a Jew in war-torn Europe, Mr. Polanski had powerful survival instincts at work when he fled to France.
Perhaps an American judge could make a decision in this case with the director in absentia. If he is deemed criminally liable, he should be brought back to the U.S. to face whatever punishment is required — the lapse of decades should not matter here. But I suspect that, in a culture that often rewards celebrity for its own sake, Mr. Polanski will never do serious time behind bars.
Criminal or Genius
Mark Anthony Neal, a professor of black popular culture at Duke University, is the author of several books including “New Black Man.”
Roman Polanski is not the first artist to “ask” us to consider their genius in light of charges of criminality. Indeed figures ranging from Phil Spector to Miles Davis, Chris Brown, R. Kelly, Woody Allen, and the late Michael Jackson have forced us to separate their artistry from criminal accusations and less than savory public and private behavior.
In the quiet moments after the controversy passes, it’s the art that asks for our consideration.
All too often we are willing to give artists the benefit of the doubt, when their art adheres to some innocuous standard of value or when they’ve constructed consumable images that suggest a nostalgia for a citizenry that we have never been. Thus the “druggie” jazz singer or rap star will never get the same benefits as the critically acclaimed auteur or musical iconoclast, where, it goes without saying, the issues of class, race, ethnicity, gender and our sense of celebrity often color our sense of empathy.
After the spectacle of the moment though, when we feel most compelled to takes sides and to erect sinners and saints, we are left with quiet moments of our consciousness — and that’s when the art asks for our consideration.
Read more…
Even as Polanski’s “Tess” and “The Pianist,” or in another example, Davis’s “Sketches in Spain” and “Kind of Blue,” stand in stark contrast to the bad behavior associated with both men, we have little choice but to take the art at its word. It is the art that really matters. Let the art stand for itself and these men stand in judgment and never the twain shall meet.
Hollywood Hypocrisy
Geraldine A. Ferraro, a lawyer and a former member of Congress, was the Democratic vice presidential candidate in 1984.
“A male is guilty of rape in the second degree when, being eighteen years old or more, he engages in sexual intercourse with a female less than fifteen years old. Rape in the second degree is a class D felony.”
That is the current law in New York. When I was prosecuting these cases in Queens in the 70’s the law required that the child be less than 14. The legislature tightened it. But there is no doubt that California had the same protections for children when Polanski was prosecuted in California for having intercourse with a 13-year-old girl. It still does.
Why has no one from the movie business, no one who supposedly stands up for the rights of women and girls, spoken up in support of finally bringing this man to justice?
This is the definition of statutory rape. Notice, it doesn’t talk about force and it doesn’t talk about consent. Neither are needed. The statute is meant to protect children. A 13-year-old can’t consent to intercourse with a man over 18, and certainly not with a man in his 30’s.
Polanski was convicted of a serious crime in the 70’s. He chose to abscond to France and because he had money and connections, has lived a charmed life, unhindered by his obligations to society. The message is, rich guys can get away with anything … or wait — is it only rich guys with friends in Hollywood? The statute of limitations for rape does not toll simply because 31 years has passed. And victims cannot “forgive” the rapist. The criminal justice system is meant to protect all of us.
Read more…
As for France getting all exercised about California moving forward (and the prosecutors there haven’t just let this go for 31 years), who are the French officials to criticize us as a nation and tell us how to deal with our criminals? Too bad for Bernie Madoff that he wasn’t as smart as Polanski. He would have taken his wife, brother, nephew, sons and their families and a billion or two and gone to France to help their economy. Then when the Ponzi scheme was exposed, the French would have, if consistent, refused extradition. He could have stayed for the rest of his life in luxury. Just imagine.
And what really defies explanation are the actions of the Directors Association and actors, like Harrison Ford. Did they remain buddies over the years with a convicted rapist who had fled the jurisdiction because they condoned his rape of the child or because they approved of his actions of absconding and beating the system? Did they do so because this was not such an unusual situation in Hollywood at the time and may still exist today?
What was particularly outrageous was the woman speaking on behalf of the Directors Association who said: “It happened so long ago.” Really. Suppose it happened today. Would she feel differently? Suppose it had been murder and not rape that happened 31 years ago? Would she be saying “It happened so long ago”?
For me, one of the biggest disappointments of this episode is that no one from Hollywood, no one from that movie business, no one who supposedly stands up for the rights of women and girls has opened his or her mouth in support of the prosecutors who are doing their job and attempting to bring this man finally to justice. As for France, I would hope that President Sarkozy would call in his ministers and tell them to butt out of our business.
‘Subversive’ Artists
Damon Lindelof is the co-creator and executive producer of “Lost.”
I traveled to Paris recently with my wife and had the pleasure of spending an entire day at the Louvre. Both of us thought it would be a good idea to rent those headsets that provide you with a walking tour of the museum — a behind the scenes look at the works of art. And here’s what struck me:
Man oh man, what a load of perverts!
Lots of artists are ’subversive,’ but that doesn’t mean their art shouldn’t hang in the Louvre.
I don’t want to name names, but it seemed artist after artist had engaged in what today we might call “inappropriate sexual relationships.” Sometimes with brothers or sisters … and yes, even children. There was underage drinking, implications of abuse and other things the calm feminine voice emanating through my headphones would simply deem as “subversive.” All I could do was shake my head and think that these people were incredibly lucky there was no Googling going on during the Renaissance.
But the art still hangs on the walls. It is still beautiful. It is still eternal. Because 200 years from now, when my descendants watch a Holo-Ultra-Virtua-Blu-Ray version of “Annie Hall,” they will have no idea that Woody Allen married his own daughter. And even if they did?
That movie still rocks.
Rogues and Moral Push-Back
Mark Bauerlein is a professor of English at Emory University and the author of “The Dumbest Generation: How the Digital Age Stupefies Young Americans and Jeopardizes Our Future.”
Way back in 1574, as Elizabethan theater was becoming a sensation, the Common Council of London issued a lurid description of its effects:
. . . inordinate haunting of great multitudes of people, especially youth, to plays, interludes, namely occasion of frays and quarrels, evil practices of incontinency in great inns having chambers and secret places adjoining to their open stages and galleries, inveigling and alluring of maids, especially of orphans and good citizens’ children under age . . .
That’s one impact of drama. Performing artists feed and water the passions, Plato famously complained, and the more they do it, the more popular they are. Can we expect performers to divide their personal lives from their professional labor so cleanly? Of course not, and so audiences lower the bar of an artist’s morality.
The moral scruples that constrain bad behavior work against the artistry needed to describe Satan corrupting Eve.
The imagination needed to create a Macbeth, Medea, or, in the case of Roman Polanski, Mrs. Mulwray and Noah Cross, is too energetic to shut down once the pen is put away and the camera is turned off. The moral scruples that constrain bad behavior work precisely against the artistry needed to describe Satan corrupting Eve and to portray a rebel without a cause.
People understand that, and so they judge the sins of artists and writers more lightly, perhaps taking a vicarious pleasure in them. Only when the artist goes too far does a moral push-back arise. It’s a delicate compromise, ever-shifting as general social standards evolve.
Read more…
With actors and filmmakers enjoying more celebrity and honor than ever before — Puritan England cast them as rogues and vagabonds in need of whipping — we might forget that both sides have their validity, the creative, disturbing impulses of talented folks and the restraining norms of civil society. But they remain sanative only together, curbing each other’s excesses.
Notoriety Trumps Art
Charlie Finch is a senior art critic of Artnet.com.
Artists do not get a moral pass. Their crimes and sins run along a separate track from their art. If you look at Erza Pound or Richard Wagner, for example, the discussion of their art is never divorced from their anti-Semitism. For them to get a pass, the issue of their offenses will have to completely disappear. Roman Polanski is now probably better known for having sex with a teenager than for his work. This proves that notoriety trumps all, even art.
The artist must deal with the specific accusations against him in his body of work.
Socrates laid down a moral marker for all subsequent artistic moralists when he drank his hemlock. To absolve oneself of one’s sins, the artist must poison himself artistically. That is, the artist must deal with the specific accusations against him in his body of work. In the case of Wagner or Pound, this certainly was not the case. It remains to be seen if Mr. Polanski, at age 76, with an attractive young actress wife, will revisit his alleged obsession with under-aged women in his work.
One exception might be the artistic embellishment of excess in the manner of Marquis de Sade, Casanova and Celine. Yet the general consensus concerning their work is that their lack of moral boundary reduces their artistic greatness. Thus, it’s impossible for an artist to fully escape the moral consequence of his work.
The Consequences of Fame
Jonathan Rosenbaum, a former film critic for The Chicago Reader, is the author of the forthcoming “Goodbye Cinema, Hello Cinephilia” and writes at jonathanrosenbaum.com.
I’m not at all in favor of giving artists free passes when it comes to their personal morality. But in the case of Roman Polanski, anyone who’s bothered to follow the history of his case in any detail is likely to conclude that (a) he’s already paid a great deal for his crime, (b) the interests of journalism and the entertainment industry in this matter usually have a lot more to do with puritanical hysteria and exploitation than any impartial pursuit of justice.
It’s his fame that fuels this event and discussion, not the specifics of a case more than 30 years old.
Considering the many crooks who continue to go unpunished (including Wall Street tycoons, prominent politicians, war profiteers, torturers of innocent people, and racist hatemongers) — most of whom continue to be rewarded and validated by the same press and the same self-righteous “moralists” who are now calling for Polanski’s head — it seems hypocritical to express so much outrage and bloodlust against Polanski at this point.
This would be true even if he weren’t famous — although it’s also true that if he weren’t famous, he wouldn’t have been arrested in Switzerland in the first place, so this is a sword that cuts two ways. It’s his fame that fuels this event and discussion, not the specifics or the morality of what he may or may not have done some 30-odd years ago.
Free Roman Polanski? Case shows US-France cultural divide
http://features.csmonitor.com/globalnews/2009/09/29/free-roman-polanski-case-shows-us-france-cultural-divide/
French elites lobby to "Free Polanski." American and French students pick sides in a French debate over the rape case.
By Robert Marquand | Staff writer 09.29.09
PARIS – In Europe, the detention of director Roman Polanski in a Swiss jail on a 31-year-old US warrant is unfolding as a transatlantic cultural and legal clash.
In France, and in influential circles across Europe, the main position might be described as “Free Polanski!” But among ordinary Europeans, there’s an emerging outrage over what is seen as the elite classes defense of a man who fled justice.
The detention and possible extradition of the director of “Chinatown” and “The Pianist” – for fleeing the US in 1978 after pleading guilty to sexually assaulting a 13-year old – has stoked animosities here about a perceived American petit bourgeoisie mentality. It also plays into a French cultural sensibility about “the artist” as a creature deserving special status and refuge.
Indeed, it is a case of crime and non-punishment worthy of a film script of aesthetic if not moral tension: An aged, Oscar-winning world celebrity who has lived three decades as a fugitive – and his now-middle age victim forgives him – is backed by the soft power of Hollywood. On the other side, California prosecutors, applying the letter of the law and doggedly chasing a man who admitted to “unlawful sex with a minor,” have a case that is now laced with suspicion of legal tampering and judicial impropriety.
Polanski holds French and Polish passports. France and the US have an extradition treaty. But French citizens, like Israelis, are not extradited except under extraordinary circumstances, according to a US Embassy sources – enabling him to live in France.
Polanski’s Saturday arrest in Zurich, Switzerland, has brought a Monday roar of European official outrage and incomprehension. French foreign minister Bernard Kouchner described Polanski’s detention, en route to receive a film award, as “sinister.” Cultural minister Frederic Mitterrand said, “Just as there is an America that is generous and that we like, so there is an America that is frightening, and that is the America that has just revealed its face.”
The deputy editor of the French daily L’Express opined that US and Swiss authorities cut a deal for leniency on reporting Swiss bank shelters. Dominique Paille, spokesman for French president Nicolas Sarkozy’s party, said: “The US is always portrayed as a great democracy and a role model…. Today we discover there is no limit on crimes and misdemeanors in that country…. Remission for good behavior does not exist.”
“France sanctifies writers and artists,” argues Paris intellectual Karim Emile Bitar.“From statements by French government officials and from Polanski’s numerous supporters in the cultural industry, there is an obvious underlying assumption: that talent and artistic genius should allow someone to get a free pass and be above the law,” says Bitar.
French vs. American students
On Monday, at an international business school in Normandy, American and French students debated the case. The French entirely took Polanski’s side, and the Americans, with one exception, countered.
French students described the case as “Polanski Gate,” a “blatant case of puritanism,” and that “time has passed,” according to a professor who witnessed the debate.
American students said the French did not want to hear that Polanski drugged and had sex with a 13-year old girl when he was 44, cared little for the girl’s suffering, and were exhibiting “Pavlovian anti-Americanism.”
Unofficial French opinions
Still, by Tuesday that French official position was taking some legal and cultural fire – aimed mainly at French elites. The website Le Point reported that 97 percent of comments opposed the French official position. Readers criticized the “hordes from Boulevard St. Germain,” a popular celebrity-intellectual area, and “the politico-bobo-cultural elite” who backed Polanski “with pompous sentences that defy common sense and the rule of law.”
Other websites report similar comments, swinging well against Polanski.
Former student leader and current Green party member of parliament Daniel Cohn-Bendit criticized the authorities, telling French radio: “This is a judicial problem and I think that a culture minister, even if his name is Mitterrand, should say: ‘I need to know the details of the case’… This is the toughest story, because there was a rape on a 13-year-old girl. She said herself: ‘I didn’t file a complaint’ and also said ‘I got a lot of money.’”
The girl, now a married mother of three in Hawaii, has said that years ago she sued Polanski and settled the case out of court for an undisclosed amount of money. In January, she asked a California judge to dismiss the criminal case, and has said several times that she wishes the media coverage would stop.
Former legal columnist at Le Monde, Luc Rosenzweig, writes: “The mobilization in Polanski’s favor is impressive: both states of which he is a citizen, Poland and France, are expressing all the more outrage since they have no chance of stopping the judicial process. Hollywood, Saint-Germain-des-Prés, Prenzlauer Berg and other urban sanctuaries of culture and good taste are on the verge of insurrection and claim the immediate release of the author of the Pianist.”
However, he adds: “From a strictly judicial point of view, Roman Polanski’s arrest at the Zurich airport is perfectly in accordance with the judicial conventions between Bern and Washington. A rape of a minor – of which Roman Polanski stands accused – does not have a statute of limitation in Swiss or American law.”
World Agenda: France's ire over Roman Polanski triggers old Gallic reflexes
http://www.timesonline.co.uk/tol/news/world/world_agenda/article6853784.ece
If you dipped into France over the past couple of days you might have assumed that a champion of humanity had fallen victim to persecution by an unsavoury regime, perhaps Iran or North Korea. Film stars and celebrity thinkers have been busy with President Sarkozy's rightwing Government condemning a flagrant act of injustice. The object of the all-party ire, however, is not some oppressive regime, but the United States of America.
In obtaining the arrest in Switzerland of Roman Polanski, the film-maker, the Los Angeles Dictrict Attorney has hit the jackpot. The facts — flight from justice in 1977 after pleading guilty to sex with a 13-year-old girl — have become secondary because the Polanski affair triggers a series of Gallic reflexes. It tweaks France's view of itself as world standard-bearer on human rights and Mecca of artistic freedom. It also stirs France's sense of mission as a counter-balance to the excesses of the United States.
Mr Polanski falls into a special category in this department because, though originally Polish and a French passport holder, he is one of a list of Hollywood types who are more revered in France than in the USA. Woody Allen and the late Charles Chaplin are other cases. Illustrating the point, Le Monde, the daily of the elite, compared Mr Polanski's arrest to the way Chaplin was hounded out of America as a suspected communist in 1952.
By having Mr Polanski snatched on a visit to a Swiss festival in his honour, the United States played to the dark side of the love-hate feelings that France holds for it. Listen to the reaction from Frédéric Mitterrand, the Minister of Culture. Mr Polanski's arrest was "absolutely horrifying", he said. "In the same way that there is a generous America that we like, there is also an America that frightens us and that one has just shown its face."
Mr Mitterrand was appointed to his post by President Sarkozy only three months ago after a lifetime as a television presenter and film buff, but those are still astonishing words from a senior Cabinet minister about a court case in an allied country.
His logic was echoed today by Libération, the leftwing daily. "Polanski was a choice target for a deepest America where puritanism sometimes bends the sense of equitable justice," it said.
Mr Mitterrand said that it made no sense to "throw Mr Polanski to the lions over ancient history". That argument — that the 1977 sex offence should be overlooked because of the passing of time and Mr Polanski's high achievement — is shared across the Paris elite.
Here is Bernard Kouchner, the Foreign Minister, who is also esteemed in the Left Bank. "This affair is frankly a bit sinister. Here is a man of such talent, recognised worldwide, recognised especially in the country where he was arrested. This is not nice at all," he said. President Sarkozy was more measured in his support for Mr Polanski, but he is certainly under pressure from Carla Bruni, his wife and a five-star member of luvvy elite.
After two days of outcry from the elite, the pendulum has begun swinging back. A few commentators are pointing out that the sexual abuse of children is involved and that Mr Polanski is a fugitive from justice, his genius notwithstanding. The case was put today by Dany Cohn-Bendit, popular figurehead of the Green party and leader of the 1968 Paris student revolt.
Mr Polanski was charged with a sex crime, he pointed out. "This is a problem for justice and I find that a minister of culture, even if his name is Mitterrand, should say: 'I will wait to see the files'."
Littwin: Why the outrage over Polanski's arrest?
http://www.denverpost.com/news/ci_13449329
By Mike Littwin
Denver Post Columnist
Posted: 09/30/2009 01:00:00 AM MDT
We've been told for years that it was Hollywood and France we should be outraged aboutand now, it turns out, it's Hollywood and France that we're outraged about.
The thing is, this time we actually should be.
Let's be honest. Your outrage about Roman Polanski is only marginally to do with Polanski himself or even his long-ago crime.
I mean, he's been on the very public and five-star-luxury lam for 31 years, and I'm guessing that most of us — over those 31 long years — haven't given Polanski's status two minutes of thought, even when he was winning an Oscar.
The real outrage is with Polanski's Hollywood friends, assorted apologists and, of course, certain parts of France.
The real outrage is that anyone — see: above — would be outraged that Polanski was arrested in Switzerland or that Los Angeles officials want to bring him back to justice.
Woody Allen (not exactly the best character reference in this instance) and Martin Scorsese are among the directors who have signed a petition calling for his release. Debra Winger has issued a statement. L.A. Times columnist Patrick Goldstein compares his story to Jean Valjean's in "Les Miserables." Washington Post columnist Anne Applebaum blogs that his arrest is "outrageous."
A French minister goes further and calls it "sinister," although apparently many people in France are outraged that the minister is outraged, meaning you may not want to break out the freedom fries just yet. Of course, Polanski was born in France, ran to France, lives in Paris and calls French fries "pommes frites."
OK, there are his defenders. And then there are the rest of us, who say, uh, yeah, but he raped a 13-year-old child. The 13-year-old child was at a Hollywood photo shoot, and, according to the grand jury testimony, was plied with alcohol and Quaaludes as she climbed into a hot tub. The testimony from the victim is that Polan ski forced her to have sex.
Polanski thought he had a deal when he pleaded guilty to having had "unlawful sex with a minor" — a deal that would have let him go after 42 days of time served — only to hear word that the judge was going to put him away instead.
And so he ran. And for 31 years, he ran in, let's say, comfort — and then was arrested, to everyone's shock, at a film festival.
You can write your own moral. He's a brilliant director, who gave us "Chinatown" and "Rosemary's Baby." But if there's anything to be learned, it's that you trust the art and not the artist.
And yet, Whoopi Goldberg — an artist, I guess — goes on "The View" and pleads Polanski's case, saying that whatever happened that long- ago night, she's sure it wasn't "rape- rape."
Here's Whoopi's testimony: "He pled guilty to having sex with a minor, and he went to jail, and when they let him out (on bail, pending sentencing), he said: 'You know what, this guy's going to give me 100 years in jail. I'm not staying.' And that's why he left.
"So that's why I wanted to be really clear because I want to know exactly what I'm talking about."
And here's what I'm talking about: Sex with a 13-year-old when you're in your mid-40s — and sex that was likely forced — is not rape-rape, it's rape-rape-rape-rape-rape.
Polanski's victim, we hear, wants the case put to rest. And who can blame her? But as Washington Post columnist Gene Robinson put it, it's not the 45-year-old woman's feelings we're protecting but the 13-year- old girl's. She said in her testimony back then that she was too afraid to fight back.
There have been questions raised about the judge in the Polanski case. There are questions about judicial impropriety. These are questions that could have been settled judicially, particularly when you're a Roman Polanski and you have access to lawyers who attract big Hollywood retainers. Instead, he ran.
Not that it's a simple matter to know what to do when ghosts reappear or, for that matter, the difference between vengeance and justice. And it's true, certainly, that Polanski has ghosts aplenty. His mother died in the Holocaust. He survived a Polish ghetto. His wife, Sharon Tate, was killed in the Manson murders.
You can make the argument that it makes little sense for California, all these years later, to spend the time and money to go after Polanski. What's the point of being outraged now? Polanski is 76 years old and not likely to be a threat to anyone.
The answer comes from Polanski himself. The movie is "Chinatown," one of my all-time favorites, the great '70s noir classic he directed.
I won't give away too much of the plot — you should rent it, if you haven't seen it — but the movie closes with the only justice being a rich man's justice.
Jack Nicholson, who plays the private eye Jake Gittes, walks away downcast at movie's end. His friend tells him, "Forget it, Jake. It's Chinatown."
And so it was. But that doesn't mean it always has to be.
Mike Littwin writes Sundays, Wednesdays and Fridays. Reach him at 303-954-5428 or mlittwin@denverpost.com.