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At What Point Does the Law no Longer Apply?

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Katha Pollitt wonders at what point an artist gets his or her “one free child rape” card:

Like many people I have fantasies about getting away with a crime, so I’ve followed the Roman Polanski case with great interest. Drugging and anally raping a 13-year-old girl doesn’t appeal to me, I was thinking more of… well, maybe I’d better not say till I hear from you! Suffice it to say there are lots of people who annoy me deeply and sometimes I wonder how I contain myself. Anyway, I understand that should my darker impulses get the better of me I can take a plea bargain, flee sentencing, claim the judge was biased and corrupt, and live in one of your lovely geranium-festooned chalets for many decades as a respected member of the community. If I stay free long enough, my victims, like Polanski’s, might even get so frustrated with the whole business they urge the courts to drop the case. I’m sure you would agree that this demonstration of magnanimity would be edifying and inspiring to the crass and puritanical American public. Polanski’s friend the French philosopher Bernard-Henri Lévy has made this point frequently.

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So what I want to know is, how great a writer do I have to be to have the Swiss government protect me once I arrive? Granted, my writing may not be in the same class as Chinatown or The Pianist—but what about Rosemary’s Baby? I thought that was a pretty silly movie and not scary at all. Also is six books enough, or do I need to write more before I commit my crime? Ideally, I’d like to wait until I’m in the chalet and have lots of time for contemplation. And do sales figures come into it ? I really hope not—this is creative work we are talking about, after all, and everyone knows its value can’t be measured in cash or popularity. Perhaps the world just hasn’t caught up with me yet and you could tell the Americans you need to wait till I am dead and posterity delivers its verdict. Then, if it turns out I wasn’t great enough to deserve Swiss protection after all, you can ship my corpse back to the district attorney.

Very charitable of her not to bring up Pirates, don’t you think? Anyway, to the extent that his atrocious would-be Tocqueville project* is representative — and it appears to be — I would say that Lévy hasn’t earned enough to get out of a jaywalking ticket by his own Versailles logic…

*Favorite moment: “I’m beginning to think that William Kristol is a bit of a partisan hack! I had never considered this possibility before.”

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