Roman Polanski has failed to have his decades-old case for the sexual assault of a minor dismissed. Los Angeles Superior Court Judge Scott M Gordon issued the order on Friday.

Samantha Geimer, Polanski’s victim, told the court in June that throwing out the 40-year-old case would rescue her from dealing with the impact of the continuing litigation.

Gordon noted in his 10-page order that the court “may not dismiss a case merely because it would be in the victim’s best interest.”

“The defendant in this matter stands as a fugitive and refuses to comply with court orders,” Gordon wrote. “As eloquently described by Ms. Geimer, his conduct continues to harm her and compounds the trauma of the sexual assault committed against her that gave rise to this case.”

Gordon followed with the crux of his reasoning for not dismissing the case: ”The defendant continues to stand in a position that is at the core of the fugitive disentitlement doctrine.”

“The only thing that has changed in the posture of this case is that the defendant, through counsel, continues to extend his ad hominem attacks to each judicial officer assigned to the matter and those attacks by counsel become more inappropriate with each subsequent pleading filed by the defendant.”

Gordon also denied the Oscar-winning director’s request to unseal the 2010 testimony of former Deputy District Attorney Roger Gunson, the original prosecutor on the case. “The defendant has offered no new evidence or law in support of his renewed motion,” Gordon explained in the order.

Polanski’s attorney Harland Braun claimed that a secret transcript of 2010 testimony from Gunson supports the director’s case that he had an agreement to serve just 48 days in jail.

Polanski fled to Europe in 1978 when he heard that he may have to serve additional jail time for the sexual assault of the then 13-year-old teenager.