If director Roman Polanski hoped that thirty years would dampen the enthusiasm of prosecutors in a case that began in 1977, he hoped for too much. He received a sexually explicit court motion Tuesday detailing their intention to fight dismissal of Polanski's three-decade-old conviction for raping a 13-year-old girl.

The motion, based on transcripts of grand jury hearings in 1977, provided details of the young girl's assault. According to the documents, she was given champagne and part of a Quaalude pill, was told to disrobe and was physically assaulted and raped by Polanski. The documents allege that the victim asked Polanski to stop repeatedly and was in tears when Polanski drove her home.

"At some point, the defendant warned the victim not to tell her mother about what had happened, adding that 'This is our secret,'" the motion said.

Polanski has lived in exile in France since shortly after the trial. While abroad, he won the 2002 Oscar for directing "The Pianist," a holocaust drama. Now 75, Polanski has said he wishes to return to the United States.

The issue of his conviction drew renewed interest in 2008 with the broadcast of an HBO documentary, "Roman Polanski: Wanted and Desired" which suggested a pattern of judicial and prosecutorial misconduct in the handling of his case. His lawyers filed a motion in December to dismiss the case.

Deputy District Attorney David Walgren argued in Tuesday's motion that Polanski's request can't be heard in court without his presence. If he returned, Polanski could be arrested. His lawyers have said the matter can be heard in his absence.

Walgren said he was not admitting judicial or prosecutorial error, but "the alleged misconduct occurred after the defendant pleaded freely and voluntarily to a felony, with the understanding that the judge would determine the appropriate sentence."

A hearing on the matter is scheduled for Jan. 21 in Los Angeles County Superior Court. Walgren said the hearing should be canceled if Polanski doesn't plan to attend.

In a motion filed Monday, Polanski's lawyer asked to disqualify the entire staff of the Los Angeles County Superior Court from the case for bias against Polanski and said the California Judicial Council should appoint a neutral judge from another county to preside over the hearing. The prosecution's filing on Tuesday did not address that issue.

The details of Polanski's sexual activity with the girl had never been described in legal documents because he was permitted to plead guilty to a single charge of sexual intercourse with a minor and other charges were dismissed. The victim, now a 44-year-old woman, has said she never wanted Polanski to go to prison and feels the case should be dismissed.

That decision was explained in Tuesday's motion, which said it was based on the teenager's concerns. The document said the victim "expressed in no uncertain terms that she wished to maintain her anonymity and avoid the further trauma that would accompany a full-blown jury trial. Based on these expressed concerns, on Aug. 8, 1977, the defendant was permitted to plead guilty to one felony count ... for having unlawful sexual intercourse with a minor. ... This was an open plea to the court, meaning that at the time of the plea, there did not exist any agreement as to what sentence may or may not be imposed."

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