LOS ANGELES (Reuters) – A Los Angeles judge on Friday rejected a request by the woman who was raped by director Roman Polanski 40 years ago to have the criminal case against him dismissed.

Superior Court Judge Scott Gordon said in a ruling that Polanski remained a fugitive from justice and that the court could not dismiss a case “merely because it would be in the victim’s best interest.”

The ruling follows the first appearance in June in the case by Samantha Geimer, who was 13 years old when Polanski sexually assaulted her in Los Angeles in 1977.

The director, who admitted raping Geimer, spent 42 days in pre-trial custody. He then fled the United States, fearing a plea bargain with prosecutors would be overruled and that he would get a lengthy prison term.

The “Chinatown” director, who turned 84 on Friday, has never returned and numerous attempts to strike a deal without him spending more time in prison have failed.

“The defendant in this matter stands as a fugitive and refuses to comply with court orders,” Gordon wrote.

Geimer went to Los Angeles Superior Court in June pleading for his case to be resolved, saying she had forgiven Polanski years ago and wanted the case put to rest “as an act of mercy to myself and my family.”

Gordon on Friday also rejected a request by Polanski’s attorney, Harland Braun, to unseal testimony about the 1977 plea deal. Braun had hoped to use the testimony to persuade European authorities to rescind the international arrest warrant against Polanski.