The film is based on the experience of Cheryl Araujo, who survived a violent gang rape on March 6, 1983 at Big Dan's Tavern in New Bedford, Massachusetts by six men (four of whom were later convicted). The bar lost its liquor license the next day, and was permanently closed two days later.
Kelly McGillis was offered the role of Sarah Tobias, but having survived a violent sexual assault at knifepoint by two men who broke into her New York City apartment in 1982, she declined the role and instead fought for the part of Kathryn Murphy.
Upon seeing a pre-screening of the film, Jodie Foster thought her performance as Sarah Tobias was so awful that she immediately began preparing for and taking the GRE's for graduate school. She was prepared to leave her film career behind and focus on academia...until she won the Academy Award for her performance.
Cheryl Ann Araujo, the real-life victim this film is based on, died tragically in an automobile crash in Florida in 1986. That was 3 years after her assault and 2 years before the release of The Accused.
Jodie Foster had to console the male actors who were supposed to be raping her; because they kept breaking down and crying during the scene; it was so tramautic fake-raping this character.