The Accused

After watching Jonathan Kaplan's "The Accused" a second time after 28 years, I was wondering: has the film aged badly or has justice improved tremendously?

The film concludes with disturbing statistics about one rape occurring in the United States every six minutes and one out of four being collective. I guess it's a blessing that we live in a time where the consentement of a woman isn't put into equation when she solicits justice after a rape, anyway not when a case is so horrendous as Sarah Tobias, a young woman who entered "The Mill" to chill out after a quarrel with her boyfriend and left it ravaged both externally and internally.

I suspect it didn't improve much, but the most difficult part of that subject is that like any crime that results in the confrontation of two parties: some attenuating circumstances are being sought if not the victim's responsibility in the form of apparent consentement. In Sarah's case, that she was drunk, wearing provocative clothes and looking like a low-class bimbo didn't facilitate her quest for justice and even the women who took photographs of her mutilated body didn't show much empathy.

That was 1988, and the story based on 1983 real-life incident, 30 years after and the #MeToo era having come through, rape has extended to situations of abuse of power due to professional status or age, which makes the areas of consentement grayer and rape of the chief causes of feminism. But "The Accused" is simply about justice.

Sarah, magnificently played by Jodie Foster, has been sexually assaulted on an pinball machine by three men in a bar, under the cheers and acclamations of other inebriated men making a pornographic live spectacle out of a crime, pure and simple. And the film's greatest accomplishment was to show the crime, it was accused of voyeurism or sexual exploitation but no, this is a film that reveals an ugly side of the human mind, and in such a truthful way watching it can only be helpful for us, to reconsider our thoughts in a more empathetic way toward victims, real or potential ones.

And having the victim a trailer trash type of girl not as articulate and educated as a student or a nurse, a smoker, drinker and a liberated girl might incline some loose minds to find excuses for the assaillant. "The Accused" is the antidote to such poisonous thoughts. When Assistant D. A. Kathryn Murphy (Kelly McGillis) make deals with the defense and replace the term 'rape' by 'reckless endangerment' to avoid the trial, preserve one of the accused's honor, and let them serve a mild sentence, it gives you an idea about how the legal system works.

But like the best trial films, a line is drawn between justice and legality. After the verdict, Sarah feels cheated by her defendant and finds herself harrased by one of the men who literally orchestrated the operation by taunting the second and the third rapist (creepily played by Leo Rossi), resurrecting Sarah's trauma but also allowing Kathryn to have her own epiphany. It's one thing to charge rapists, but what about those who encouraged them? As the film goes to its foregone climax, the real points stops to be Sarah's responsibility but the one of the other men who kept cheering, clapping and calling the turns.

As Kathryn points it out during the trial, as a moral as it is, one can't be convicted for witnessing a rape and turning his face away, but cheers might constitute a form of participation, hence accessory. That question sheds a new light on the previous sentences and Kathryn is put in the situation where her own career is at stakes, which is the narrative arc that accompanies Sarah's own: to be recognized as a victim of rape. It's not a matter of nobility but of principles and also a necessity to prevent such crimes to happen again.

The film is sober in tone and ordinary in its structure because the subject is so important it couldn't be distracted by "originality" or some twist, Kenneth Joice (Bernie Coulson) who's the boy who called the police and watched the whole thing isn't even a last-minute witness and is showed from the very start. However, the film showcases the extraordinary talent of Jodie Foster who won the Oscar, and it's probably deserved because it was perhaps the hardest role she ever had. McGillis deserve praises, as for the accused ones, that they felt sick during the shooting of the climax tells you how willing everyone was to show the reality of rape in its ugliest form.

And I remember watching the film at 11, I had to cover my eyes during the climax because it felt truly like an horror film, which it was. The most brutal part isn't just the gang rape but the sheer terror on Sarah's eyes, the way the camera shows her POV, and the cries and shouts around making "The Mill" a hell an absolute hell on earth for Sarah, putting into perspective Kenneth's dilemma to betray his best friend Bob (Steve Antin) by calling what he done by its name.

Writer Tom Toper deserves accolades for not turning the film into a battle-of-the-sexes thing, but a simple matter of justice for Sarah and redemption for those who didn't help her, whether Kenneth or even Kathryn who sold her for the first verdict. It also shows the role of peer pressure in such cases, especially through the last man who assaulted her because his virility was being ridiculed.

Within its normal look, "The Accused" might be the ultimate film about rape because it not only questions the causes without accusing the victim but it also raises collateral issues that can be extended to other crimes, and it's not afraid to show the whole thing, so if people can't stand watching it, maybe if they witness it someday, they will know the right thing to do.

Many people think that Rosa Parks was to first to sit at the front of the bus and refuse to get up all those years ago in 1955. In fact, two other women had sat on the front of the bus and refused to get up before Rosa Parks. The problem is that one of those women was a pregnant teenager while the other was also less than the ideal poster child for a movement. A bus boycott and a cry for civil rights wasn't going to have the same impact if the impetus behind it was a person of less than stellar character. They needed a Mary Sue.

In the movie "The Accused" Sarah Tobias (Jodie Foster) was no Mary Sue. She was far from it, but that was not a justification for rape and the peanut galleryism that accompanied it.

Rightly or wrongly, in this society there are such things as good rape victims (meaning easy to prosecute the rapists) and bad rape victims (meaning difficult to prosecute the rapists). The good rape victim is one who is a conservatively dressed strait-laced woman minding her own business. A bad rape victim is a sexily-dressed, promiscuous woman prone to drinking and/or drugs and behaving in a provocative way.

Sarah Tobias was a bad rape victim.

She was sending all the signals that a lascivious man would need to act upon his lusts. She was scantily clad, entertaining the come-ons, giggling at everything the man said, smoking pot, drinking alcohol, and to top it all off; she did a sexy dance routine when no one else was on the dance floor. In the mind of the guy with no self-control: "she was asking for it." Whatever he, or anyone else, thought she was "asking for," she wasn't asking to be choked, pinned down, and forcibly raped by three men on a pinball machine. Only in the most depraved society would a woman be "asking" for that.

"The Accused" is a gutsy film that punches you in the gut. It equally tests your dedication to justice for Sarah and your despise of her actions leading up to the rape. "The Accused" doesn't hold back anything. It shows all the less than discretionary behavior of Sarah Tobias which makes you want to slap some sense into her at least. And it shows the despicably loathsome behavior of the rapists that make you want to protect Sarah and serve up some medieval style justice to her rapists. No, you are not spared. You will have to confront your feelings about the entire situation. And whether you feel comfortable about yourself and your opinions afterward or not, you will have some concrete thoughts and opinions.

Jodie Foster plays Sarah Tobias, a small-town waitress with a bad reputation(and drug user) who is brutally attacked by three men in a bar, who were also being cheered on by some of the onlookers. Sarah is determined to convince the District Attorney on the case(Kelly McGillis) to bring it to trial, not just the three attackers, but the onlookers as well.

Powerful film is supremely well acted by Jodie Foster(Academy Award Winner)Film runs the risk of being crass exploitation, but is well directed, and again it is the sympathetic and defiant performance of Jodie as this wronged, violated woman that makes this film work as well as it does.

Not for the faint-hearted.

I don't watch many courtroom dramas. I've seen most of the great ones: 12 Angry Men, Witness for the Prosecution, To Kill a Mockingbird. Of all the ones that predate The Accused, Not many push as far into the red zone as this. As you go back through the decades of Hollywood cinema, films get more and more censored. In parts, The Accused is quite brutal. It would probably have seemed even more so to those who viewed it upon release 20 years ago. There are two trials in this movie. For the first, the accused persons have been charged with rape. For the second, the accused persons (different people) are charged with the crime of cheering it on (to put it in more casual terms). What the movie gives us a taste of is extremely inhumane, worse than murder even. That and two good actresses at the top of their game, results in a credible, involving courtroom drama. The screenplay is a tad over written in some places, so it's not a brilliant movie, but it is a fine specimen to sample for those who enjoy this genre.

For this role Jodie received bunch of nominations and six awards, including her first Oscar. In my opinion, her role of Nell deserves an Oscar much more than this one or her role in "Silence of the Lambs" and this is far from being her best movie, but it has really strong story and it's worth watching.

7/10