Review of The Accused

The Accused (1988)
7/10
Provocative and insightful
30 March 2019
The Accused, the only film I've seen about rape, has some very important messages about the crime and the victims. No matter how a woman is dressed, how sexy she may look, or how flirtatious she may be, she has the right to say no and be respected. Also, if you encourage and applaud a crime, like rape, you are just as responsible for the crime as the assailants.

The unfairness of the legal system is very clear here: rape victims are just that, victims. Just because a woman may have dressed provocatively, or flirtatiously, doesn't mean she asked for it or deserved it. The rapists and the onlooker are the ones at fault. The unfortunate truth is, the legal system and the society doesn't always see it that way.

Jodie Foster, in what is unquestionably the finest performance of her career, plays Sarah Tobias, the victim of a brutal gang rape. Sarah is no angel, she drinks heavily, smokes marijuana, and has a live-in boyfriend who's a drug dealer. She's somewhat inarticulate, doesn't appear to have much formal education, and speaks her mind bluntly when expressing her anger.

Kelly McGillis, in another convincing performance, plays Deputy District Attorney Katherine Murphy. Murphy is a smart and talented DA who does sympathize with Sarah, but has become somewhat inured to the flaws of the legal system. She wants the rapists incarcerated, but doesn't seem to want to pull with both hands because she doesn't believe Sarah will make a strong enough witness.

The crime is plea bargained down to a lesser charge of reckless endangerment. Sarah is justifiably outraged for two reasons: it was not reckless endangerment, and she never got to testify in court. It is only after Sarah is verbally harassed by one of the onlookers (against whom Sarah retaliates in her own fit of rage in a scene where I won't reveal the details), that McGillis's character begins to see things clearly: the victim has a right to be heard and have her day in court.

"I can offer that to you now," she later tells Sarah, "the deal won't matter because the the rape will go on record." She decides to prosecute the onlookers who encouraged the rape for Criminal Solicitation. This is perhaps the greatest message in the movie: if you not only don't step in and stop a crime, but actually encourage it, you are still an accessory and guilty of a criminal act.

Her superiors in the District Attorney's Office are, at first, against this: but McGillis persists. She knows the three men did encourage the attack and kept it going. It is really refreshing to watch her transition from indifference during plea bargaining to having full empathy and finally fighting like hell for a powerless victim who can't fight for herself.

All of this doesn't mean The Accused is a masterpiece, but is a well written, well crafted movie. The brilliant performance of Jodie Foster carries the film, and it left me thinking and very satisfied. It is a movie that gives the members of society a chance to examine their consciences. No means no.
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