But prosecutors have consistently argued that dismissing the Polanski case would be a miscarriage of justice , allowing a man who `` drugged and raped a 13-year-old child '' to go free . NEW : Judge denies motion to throw out charges , at least until director appears . Roman had fled Poland before his death in ' 70s . He acknowledged having unlawful sexual intercourse with a minor . Previous attempts to resolve the child sex scandal have failed .
NEW : Judge denies motion to throw out charges , at least until director appears . Roman had fled Poland before his death in ' 70s . He acknowledged having unlawful sexual intercourse with a minor . Previous attempts to resolve the child sex scandal have failed .