ladies and gentlemen of the jury
A couple of weeks ago I accidentally updated the Netflix queue such that two Roman Polanski movies arrived on the same day. Jared protested, and then, before he could be forced to watch either film, he was assigned to travel to Zurich on business…the day after Polanski was arrested in the very same city. “Ha!” I scoffed, “You wanted to avoid Polanski and now you’re flying right towards him.”
I share this hilarious anecdote because now Polanski is all over the news for the three-decade-old act that was, depending on who you ask, consensual sex or child rape. Most people think it was the latter. My opinion has always been this: While it’s entirely possible that Polanski did rape that girl, it’s also entirely possible that he didn’t.
I wrote most of this entry a long time ago and never posted it because I thought it was just too uncomfortable a topic. But you know what? The alleged victim is now a grown woman who has spoken openly many times about the incident and is calling for the charges to be dropped, so I will offer these comments in the spirit of thoughtful discourse.
It is, by and large, unseemly and inappropriate for a man in his thirties to “party” with a young teenager and then have sex with her. But there’s a difference between gross, inadvisable sex and actual rape. My main problem is with the notion of the “age of consent”, since age in and of itself is not what makes people physically and emotionally ready for sex. I also have a problem with the notion that thirteen year old girls are innocent, pre-sexual children who not only cannot consent to sex, but who can’t actively seek it out. Plenty of people are molested at that age. Plenty of people, for better or for worse, also have sex willingly at that age.
Join me on this thought experiment, and spare me the obvious rebuttals because I get it, and yes I’ve read the transcript: A girl who fancies herself a sophisticated Hollywood model, who has had sex before, who willingly takes drugs and alcohol while willingly being photographed naked by an older, famous, attractive man is not necessarily a little girl ravaged. She is quite probably a vulnerable girl who’s less mature than she realizes, who is taken advantage of by an adult who should know better, but the fact that she was thirteen and not fourteen or sixteen or eighteen doesn’t change the dynamic that much, in my mind. People don’t suddenly become completely rational and relaxed about sex when they reach some random age designated by their state of residence, or when they find the “right partner”, or get married, or whatever. And likewise, as you rewind the years from eighteen to sixteen and so on, you simply cannot draw a universal line at some specific age and say, “At this point, it was consensual, but at this point, it was rape.”
I say all this with the caveat that if Polanski ever came calling for my teenager, things would get ugly in a big hurry. Of course they would. But on the other hand…I was young once myself.