However, it is alleged in the documentary Roman Polanski: Wanted and Desired, that things changed after an ex parte conversation between LA Deputy District Attorney David Wells and the judge, Laurence J. Rittenband. Wells was not an attorney of record on the case, but was an attorney for the People of the State of California, which was a party to the case. Thus, the communication with Wells was a one-sided external communication, which is prohibited by ethics law. Wells allegedly showed the judge a photo of Polanski at Oktoberfest 1977 with his arms around some ostensibly underage girls, and convinced Rittenband that Polanski should not be released. The Judge also allegedly dismissed Polanski's probation report as "whitewash".

There is no statute of limitations governing the case because Polanski had already been charged and pleaded guilty in 1978 to having had unlawful sex with a minor. While some legal experts interviewed in 2009 thought he might at that point face no jail time for unlawful sex with a minor, his failure to appear at sentencing is in itself a crime.

Geimer sued Polanski in 1988, alleging sexual assault, intentional infliction of emotional distress and seduction. The case was settled out of court in 1993. After Polanski missed an October 1995 payment deadline, Geimer filed papers with the court, attempting to collect at least US$500,000. The court held that Polanski still owed her over $600,000, but it was unclear as of 2009 if this had since been paid.

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."

Marine Le Pen, from the National Front, during a TV talk show on how to prevent sex crimes recidivism, criticized Mitterrand for his support of Polanski. She recalled that in 2005, Mitterrand had published a book strongly similar to memoirs in which he mentioned using adolescent "boy" prostitutes in Thailand. She contended that such apparent support of abusers of minors from a minister was at odds with the objective of the state to discourage sex tourism and the abuse of minors. The National Front started a petition for Mitterrand's resignation.

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 claims 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 did not intend to 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. The 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. Judge Espinoza also stated there was misconduct by the judge in the original case but Polanski must return to the United States to actually apply for dismissal.

On 30 September 2009, New York Times reported that Steptoe & Johnson's Reid Weingarten, a well-known Criminal defense Lawyer and allegedly a close friend of Attorney General Eric Holder, had been hired by Polanski for his defense along with attorneys Douglas Dalton, Bart Dalton, and Chad Hummel. According to the New York Times:

On 12 July 2010, the Swiss authorities announced that they would not extradite Polanski to the U.S. in part due to a fault in the American request for extradition. Polanski was no longer subject to house arrest, or any monitoring by Swiss authorities. In a press conference held by Swiss Justice Minister Eveline Widmer-Schlumpf, she stated that Polanski's extradition to the U.S. was rejected, in part, because U.S. officials failed to produce certain documents, specifically "confidential testimony from a January 2010 hearing on Mr. Polanski's original sentencing agreement." According to Swiss officials, the records were required to determine if Polanski's 42-day court-ordered psychiatric evaluation at Chino State Prison constituted Polanski's whole sentence according to the now-deceased Judge Rittenband. Reasoning that if this was the correct understanding, then "Roman Polanski would actually have already served his sentence and therefore both the proceedings on which the U.S. extradition request is founded and the request itself would have no foundation."

In 2013, Samantha Geimer published her view on the rape in her autobiography The Girl: A Life in the Shadow of Roman Polanski.

On 27 November 2015, Poland decided it will not extradite Polanski to the U.S. after prosecutors declined to challenge the court's ruling, agreeing that Polanski had served his punishment and did not need to face a U.S. court again. Preparations for a movie he was working on had been stalled by the extradition request from last year.

On 6 December 2016, the Supreme Court of Poland ruled to reject an appeal filed by Polish Minister of Justice Ziobro, and to uphold the October 2015 ruling.

On 17 August 2017, Los Angeles County Superior Court Judge Scott Gordon rejected a request from Samantha Geimer to dismiss the case against Polanski.