Roman Polanski's victim cannot ask for the 32-year-old sex case to be dismissed against the fugitive director or otherwise have an impact on the case, prosecutors argued in a court filing, The Associated Press reports.
In a filing Friday to the California Second District Court of Appeal, Los Angeles County prosecutors argue a recent constitutional revision spelling out crime victims' rights does not grant them the power to determine the outcome of criminal cases. They are also asking the appeals court to reject requests by Polanski's victim, Samantha Geimer, to have the case heard in another county and unseal recent testimony by a former prosecutor.
In the filing, prosecutors argue that granting her request for dismissal would "fundamentally alter the way in which crimes are prosecuted" and that, if victims were parties to criminal cases, cases could be dropped through intimidation, coercion or public pressure.
Geimer petitioned the court to dismiss the case and make the other rulings in a March petition. That filing argued a 2008 constitutional amendment gives victims more input into criminal cases. Geimer's attorney, Lawrence Silver, has argued twice before the amendment meant his client's request for dismissal should be considered.
Polanski was accused in 1977 of plying Geimer, then age 13, with champagne and part of a quaalude pill, then raping her at Jack Nicholson's house.
Polanski was indicted on six felony counts, including rape by use of drugs, child molesting and sodomy. He later pleaded guilty to one count of unlawful sexual intercourse.
Authorities are seeking Polanski's extradition from Switzerland so he can be sentenced on the charge. The director fled the United States on the eve of sentencing in 1978. He remains on house arrest in his chalet in the Swiss luxury resort of Gstaad.