Polanski’s lawyers tried earlier this year to have the charges thrown out, but a Los Angeles judge rejected the request.
In doing so, Los Angeles Superior Court Judge Peter Espinoza left the door open to reconsider his ruling if Polanski shows up in court.
Espinoza also appeared to acknowledge problems with the way Polanski’s case was handled years ago.
According to court documents, Polanski, his lawyer and the prosecutor thought they’d worked out a deal that would spare Polanski from prison and let the young victim avoid a public trial.
But the original judge in the case, who is now dead, first sent the director to maximum-security prison for 42 days while he underwent psychological testing. Then, on the eve of his sentencing, the judge told attorneys he was inclined to send Polanski back to prison for another 48 days.
Polanski fled the United States for France, where he was born.
In the February hearing, Espinoza mentioned a documentary film that depicts backroom deals between prosecutors and a media-obsessed judge who was worried his public image would suffer if he didn’t send Polanski to prison.