CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Saturday, October 24, 2009

"How a girl's stark words got lost in the Polanski spectacle"

The article in the Los Angeles Times states, "Samantha Gailey, at 13, was unequivocal in her testimony against Polanski. But her account was turned into something almost benign."

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."

. . . .

But Samantha's stark testimony has never been seriously impugned, in or out of court. When she sued Polanski years later for sexual assault, he pleaded the 5th when asked if he illegally gave her champagne and part of a quaalude pill, then performed oral copulation on her and sodomized her.

An extensive review of several thousand court documents, as well as numerous interviews, shows a basic dynamic defining the entire saga -- one force trying to drive debate away from a young girl's unshaken allegations, and another trying to reel it back in.

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