If you’ve been following the news lately, you’ve certainly seen that famed director Roman Polanski was arrested in Switzerland. The gist of his situation is that he was convicted more than 30 years ago of having sex with a minor, fled the country and hasn’t been back since.
I don’t know much more about the case, although I read something that is legally absurd and gives people false hope. One writer said that he should be let go because not only does the victim not want him in jail, but by looking at photos of her from when this happened it was perfectly reasonable to think that she was above age and no one could have thought that she was a 13 year old girl.
Just so I’m crystal clear, let me tell you what the law is in Illinois. If you have sex with a minor it is statutory rape. You could meet the co-ed in a bar, see a driver’s license that says they are 22, have them swear that they are that old and even have their parents in the room when you meet tell you that their child is in fact 22. If it turns out later that she (or he) is only 15, you have committed a crime. Being duped or making a reasonable mistake is not an excuse under Illinois law. Sex, even consensual sex, with a minor is statutory rape in Illinois. If a prosecutor wants you in jail over this it will almost certainly happen. You being a great person who was conned will be of virtually no help except in your sentencing.
In a similar manner, you can go to jail for the rest of your life for murder even if you are a ways away from the killing and had no idea it was going to happen. The law in Illinois is that if you commit a felony, anything that is a part of that felony is your responsibility. So if you agree to drive the get away car in a robbery and your partner shoots and kills someone, you will be charged with murder even if you didn’t know that he had a gun. An offense that would normally be punishable by just a couple of years in jail could put you away for the rest of your life.
In some crimes intent matters. And in some crimes it doesn’t. Don’t go to jail because you were ignorant as to what is really going on.
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Tags: "statutory rape" "criminal intent" "Cook County" Chicago
I’d also like to add that who cares that he is a “celebrity” and has “done good things” since this all happened. He had sex with a 13 year old. All of his apologists make me ill. He should be in jail.