Sex crime allegations
In 1977, Polanski, then aged 44, became embroiled in a scandal involving 13-year-old Samantha Geimer (then known as Samantha Gailey). It ultimately led to Polanski's guilty plea to the charge of unlawful sexual intercourse with a minor.
According to Geimer, Polanski asked Geimer's mother if he could photograph the girl for the French edition of Vogue, which Polanski had been invited to guest-edit. Her mother allowed a private photo shoot. According to Geimer in a 2003 interview, "Everything was going fine; then he asked me to change, well, in front of him." She added, "It didn't feel right, and I didn't want to go back to the second shoot."
Geimer later agreed to a second session, which took place on March 10, 1977 at the Mulholland area home of actor Jack Nicholson in Los Angeles. "We did photos with me drinking champagne," Geimer says. "Toward the end it got a little scary, and I realized he had other intentions and I knew I was not where I should be. I just didn't quite know how to get myself out of there." Geimer testified that Polanski performed various sexual acts on her, after giving her a combination of champagne and quaaludes. In the 2003 interview, Geimer says she resisted. "I said no several times, and then, well, gave up on that."
Charges and guilty plea
Polanski was initially charged with rape by use of drugs, perversion, sodomy, lewd and lascivious act upon a child under 14, and furnishing a controlled substance (methaqualone) to a minor. These charges were dismissed under the terms of his plea bargain, and he pleaded guilty to the lesser charge of engaging in unlawful sexual intercourse with a minor.
Imprisonment and flight
Following the plea agreement, according to the aforementioned documentary, the court ordered Polanski to report to a state prison for a 90-day psychiatric evaluation, but granted a stay of ninety days to allow him to complete his current project. Under the terms set by the court, he was permitted to travel abroad. Polanski returned to California and reported to Chino State Prison for the evaluation period, and was released after 42 days.
On February 1, 1978, Polanski fled to London, where he maintained residency. A day later he traveled on to France, where he held citizenship, avoiding the risk of extradition to the U.S. by Britain. Consistent with its extradition treaty with the United States, France can refuse to extradite its own citizens. An extradition request later filed by U.S. officials was denied. The United States government can request that Polanski be prosecuted on the California charges by the French authorities.
Polanski has never returned to England, and later sold his home in absentia. The United States can still request the arrest and extradition of Polanski from other countries should he visit them, and Polanski has avoided visits to countries that are likely to extradite him (such as the UK) and mostly travels and works in France, Germany, the Czech Republic and Poland.
Later developments in the case
In a 2003 interview, Samantha Geimer said, "Straight up, what he did to me was wrong. But I wish he would return to America so the whole ordeal can be put to rest for both of us." Furthermore, "I'm sure if he could go back, he wouldn't do it again. He made a terrible mistake but he's paid for it".
In 2008, Geimer stated in an interview that she wishes Polanski would be forgiven, “I think he's sorry, I think he knows it was wrong. I don't think he's a danger to society. I don't think he needs to be locked up forever and no one has ever come out ever — besides me — and accused him of anything. It was 30 years ago now. It's an unpleasant memory ... (but) I can live with it."
In 2008, a documentary film of the aftermath of the incident, Roman Polanski: Wanted and Desired, premiered at the Sundance Film Festival. Following review of the film, Polanski's attorney, Douglas Dalton, contacted the Los Angeles district attorney's office about prosecutor David Wells' role in coaching the judge, Laurence J. Rittenband. Based on statements by Wells included in the film, Polanski and Dalton are seeking review of whether the prosecutor acted illegally and engaged in malfeasance in interfering with the operation of the trial.
In December 2008, Polanski's lawyer in the United States filed a request to Judge David S. Wesley to have the case dismissed on the grounds of judicial and prosecutorial misconduct. The filing says that Judge Rittenband (now deceased) violated the plea bargain by keeping in communication about the case with a deputy district attorney who was not involved. These activities were depicted in Roman Polanski: Wanted and Desired.
In January 2009, Polanski's lawyer filed a further request to have the case dismissed, and to have the case moved out of Los Angeles, as the Los Angeles courts require him to appear before the court for any sentencing or dismissal, and Polanski will not appear. In February 2009, Polanski's request was tentatively denied by Judge Peter Espinoza, who said that he would make a ruling if Polanski appeared in court. This decision appears to have ended litigation in the case, at least for now.
That same month, Samantha Geimer filed to have the charges against Polanski dismissed from court, saying that decades of publicity as well as the prosecutor's focus on lurid details continues to traumatize her and her family.
On September 26, 2009, Polanski was arrested entering Switzerland under a 1978 US arrest warrant. Polanski had hoped to attend the Zurich Film Festival to receive a Lifetime Achievement Award.