The Accused
Encyclopedia
The Accused is a 1988 Canadian drama film starring Jodie Foster
and Kelly McGillis
, directed by Jonathan Kaplan
and written by Tom Topor
. Foster was awarded the 1988 Academy Award for Best Actress
and Golden Globe Award
for her performance.
Based on the real-life gang rape of Cheryl Araujo
that occurred at Big Dan's Bar in New Bedford, Massachusetts
, on March 6, 1983, this film was one of the first Hollywood films to deal with rape in a direct manner.
Jodie Foster
, for her portrayal as Sarah Tobias, earned the Academy Award for Best Actress
, the film's sole nomination. The Accused also became the first film to win the Best Actress Academy award without being nominated in any other category since The Three Faces of Eve
in 1957, when Joanne Woodward
won Best Actress, the film's sole nomination.
. One night in a bar, she is gang raped by several drunk bar patrons, while drunken onlookers cheer them on. A district attorney
, Kathryn Murphy (Kelly McGillis), is assigned to the rape case, and wants to drop the case. After a heated argument, she is admonished by her superior to enter a plea bargain with the rapists requiring some jail time. Sarah is enraged by the deal because she considers it a light punishment and because she did not get to tell her story in court.
When Sarah is hospitalized after ramming her car into a pickup truck, whose driver (one of the witnesses who had encouraged the rapists) crudely propositions her, Kathryn decides to prosecute the men who cheered the rape for criminal solicitation
. Sarah's friend Sally (Ann Hearn), a waitress at the bar where the rape took place, picks three men out of a line-up, and they get three different attorneys for the ensuing trial. Sarah testifies that she was raped, while college student Kenneth Joyce (Bernie Coulson), whose friend was one of the rapists, testifies to watching the rape prior to making a 911 call. After Kathryn's closing statement and a single summation from the three defense lawyers, the jury deliberates for a long time, asking several times for Ken's testimony to be reread to them. In the end, they find the three men guilty. As the trial provides testimony that they raped Sarah, the three men serving prison time for reckless endangerment
are now unlikely to be granted early parole.
and Kelly McGillis
were going to star as Sarah and the A.D.A. respectively. Jonathan Kaplan
feared that Jodie Foster
wasn't sexy enough and decided to cast Kim Basinger
for the part of Sarah; however, Basinger declined. Molly Ringwald
, a popular teen idol of the time, wanted the role of Sarah, but her parents turned down her offer because they feared she didn't want to play a twenty-something rape victim at a young age. Kaplan gave Foster the part and her performance in the film was ultimately praised.
McGillis herself was a rape victim in real life. In 1982, she was assaulted and raped in her home by the escaped rapist
Leroy Johnson after coming home from work. This experience encouraged the actress to pursue her role in this film. Johnson was sentenced for other crimes to 50 years in prison in 2010.
According to the Internet Movie Database, production began on November 30, 1987 with filming commencing on January 6, 1988. Filming wrapped a month later on February 14, 1988, but was delayed due to the WGA Strike
. The budget for the film was an estimated $6 million.
Notably, the extended rape scene was shown only as one of the final scenes of the movie, in flashback.
finds that the lesson of the "second trial may be the most important message this movie has to offer," that "for some men, the movie will reveal a truth that most women already know," of the damage caused by verbal sexual harassment.
Some educators worry that this "educationally profitable" film's R rating "will receive V ratings and be subject to at least a presumption against curricular use in many public schools."
The film was nominated for the Golden Bear
at the 39th Berlin International Film Festival
.
Jodie Foster
Alicia Christian "Jodie" Foster is an American actress, film director, producer as well as a former child actress....
and Kelly McGillis
Kelly McGillis
Kelly Ann McGillis is an American actress. Her films include Top Gun, The Accused, and Witness, for which she received a Golden Globe nomination.-Career:...
, directed by Jonathan Kaplan
Jonathan Kaplan
Jonathan Kaplan is an American film producer and director.Kaplan was born in Paris, France. He is the son of film composer Sol Kaplan and actress Frances Heflin; the nephew of actor Van Heflin. He is the brother of actresses Nora Heflin and Mady Kaplan...
and written by Tom Topor
Tom Topor
Tom Topor is an American playwright, screenwriter, and novelist. Topor was born in Vienna, Austria, and was brought to London in 1939, where he remained until he came to New York City in 1949. He earned his bachelor's degree at Brooklyn College in 1961.Topor is the author of the 1980 play and 1987...
. Foster was awarded the 1988 Academy Award for Best Actress
Academy Award for Best Actress
Performance by an Actress in a Leading Role is one of the Academy Awards of merit presented annually by the Academy of Motion Picture Arts and Sciences to recognize an actress who has delivered an outstanding performance while working within the film industry...
and Golden Globe Award
Golden Globe Award
The Golden Globe Award is an accolade bestowed by the 93 members of the Hollywood Foreign Press Association recognizing excellence in film and television, both domestic and foreign...
for her performance.
Based on the real-life gang rape of Cheryl Araujo
Cheryl Araujo
Cheryl Ann Araujo was an American rape survivor whose case became national news, and was the basis of the 1988 film The Accused. Araujo was gang-raped in 1983 at age 21 by four men on a pool table in a tavern while other patrons watched but did not interfere...
that occurred at Big Dan's Bar in New Bedford, Massachusetts
New Bedford, Massachusetts
New Bedford is a city in Bristol County, Massachusetts, United States, located south of Boston, southeast of Providence, Rhode Island, and about east of Fall River. As of the 2010 census, the city had a total population of 95,072, making it the sixth-largest city in Massachusetts...
, on March 6, 1983, this film was one of the first Hollywood films to deal with rape in a direct manner.
Jodie Foster
Jodie Foster
Alicia Christian "Jodie" Foster is an American actress, film director, producer as well as a former child actress....
, for her portrayal as Sarah Tobias, earned the Academy Award for Best Actress
Academy Award for Best Actress
Performance by an Actress in a Leading Role is one of the Academy Awards of merit presented annually by the Academy of Motion Picture Arts and Sciences to recognize an actress who has delivered an outstanding performance while working within the film industry...
, the film's sole nomination. The Accused also became the first film to win the Best Actress Academy award without being nominated in any other category since The Three Faces of Eve
The Three Faces of Eve
The Three Faces of Eve is a 1957 American film adaptation of a case study by Corbett H. Thigpen and Hervey M. Cleckley. It was based on the true story of Chris Costner Sizemore, also known as Eve White, a woman who suffered from Dissociative Identity Disorder formerly known as multiple personality...
in 1957, when Joanne Woodward
Joanne Woodward
Joanne Gignilliat Trimmier Woodward is an American actress, television and theatrical producer, and widow of Paul Newman...
won Best Actress, the film's sole nomination.
Plot
The story is about a working-class woman, Sarah Tobias (Jodie Foster), labeled as promiscuousPromiscuity
In humans, promiscuity refers to less discriminating casual sex with many sexual partners. The term carries a moral or religious judgement and is viewed in the context of the mainstream social ideal for sexual activity to take place within exclusive committed relationships...
. One night in a bar, she is gang raped by several drunk bar patrons, while drunken onlookers cheer them on. A district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
, Kathryn Murphy (Kelly McGillis), is assigned to the rape case, and wants to drop the case. After a heated argument, she is admonished by her superior to enter a plea bargain with the rapists requiring some jail time. Sarah is enraged by the deal because she considers it a light punishment and because she did not get to tell her story in court.
When Sarah is hospitalized after ramming her car into a pickup truck, whose driver (one of the witnesses who had encouraged the rapists) crudely propositions her, Kathryn decides to prosecute the men who cheered the rape for criminal solicitation
Solicitation
Literally, solicitation means: 'urgently asking'. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services...
. Sarah's friend Sally (Ann Hearn), a waitress at the bar where the rape took place, picks three men out of a line-up, and they get three different attorneys for the ensuing trial. Sarah testifies that she was raped, while college student Kenneth Joyce (Bernie Coulson), whose friend was one of the rapists, testifies to watching the rape prior to making a 911 call. After Kathryn's closing statement and a single summation from the three defense lawyers, the jury deliberates for a long time, asking several times for Ken's testimony to be reread to them. In the end, they find the three men guilty. As the trial provides testimony that they raped Sarah, the three men serving prison time for reckless endangerment
Endangerment
In US law, endangerment comprises several types of crimes involving conduct that is wrongful and reckless or wanton, and likely to produce death or grievous bodily harm to another person....
are now unlikely to be granted early parole.
Cast
- Kelly McGillisKelly McGillisKelly Ann McGillis is an American actress. Her films include Top Gun, The Accused, and Witness, for which she received a Golden Globe nomination.-Career:...
as A.D.A. Kathryn Murphy - Jodie FosterJodie FosterAlicia Christian "Jodie" Foster is an American actress, film director, producer as well as a former child actress....
as Sarah Tobias - Bernie CoulsonBernie CoulsonBernie Coulson is a Canadian-born actor best known for his roles as The Thinker on the American television series The X Files, as well as Michael Reardon on the Canadian-based television series Intelligence and Pipefitter, the drummer of a reuniting punk band, in the Canadian mockumentary Hard...
as Ken Joyce - Leo RossiLeo RossiLeo Rossi is an American actor and writer. He is known for his role as Budd in the 1981 horror film Halloween II and as Turkell from the 1990 horror sequel Maniac Cop 2. His other films include Heart Like a Wheel , River's Edge , The Accused , Relentless and Analyze This...
as Cliff "Scorpion" Albrect - Ann Hearn as Sally Fraser
- Carmen ArgenzianoCarmen ArgenzianoCarmen Antimo Argenziano is an American actor who has appeared in over 50 movies and around 100 television movies or episodes....
as D.A. Paul Rudolph - Steve AntinSteve AntinSteven Howard "Steve" Antin is an American actor, stunt man, screenwriter, producer, and director.-Early life:Antin was born in Queens, New York, the son of British Jewish immigrants...
as Bob Joiner - Tom O'BrienTom O'Brien (actor)Thomas Patrick "Tom" O'Brien is an American actor since the age of sixteen, having first trained at the American Conservatory Theatre in San Francisco, where he appeared in ACT's mainstage productions of The Holdup; and A Midsummer Night's Dream as Puck, opposite Annette Bening.O'Brien's feature...
as Larry - Peter Van Norden as Attorney Paulsen
- Terry David MulliganTerry David MulliganTerry David Mulligan is a Canadian actor and radio and television personality based in Vancouver, British Columbia.Born in New Westminster, British Columbia, Mulligan's first career was as a Royal Canadian Mounted Police officer in Olds, Alberta and Red Deer, Alberta from 1960 through 1964...
as Lieutenant Duncan - Woody Brown as Danny
- Scott PaulinScott PaulinScott Paulin is an American actor and television director.-Career:His work includes appearances in well-known television series like House M.D., ER, Cold Case, 24 and CSI: Crime Scene Investigation...
as Attorney Ben Wainwright - Kim Kondrashoff as Kurt
Production
Originally, Sigourney WeaverSigourney Weaver
Sigourney Weaver is an American actress. She is best known for her critically acclaimed role of Ellen Ripley in the four Alien films: Alien, Aliens, Alien 3 and Alien Resurrection, for which she has received worldwide recognition .Other notable roles include Dana...
and Kelly McGillis
Kelly McGillis
Kelly Ann McGillis is an American actress. Her films include Top Gun, The Accused, and Witness, for which she received a Golden Globe nomination.-Career:...
were going to star as Sarah and the A.D.A. respectively. Jonathan Kaplan
Jonathan Kaplan
Jonathan Kaplan is an American film producer and director.Kaplan was born in Paris, France. He is the son of film composer Sol Kaplan and actress Frances Heflin; the nephew of actor Van Heflin. He is the brother of actresses Nora Heflin and Mady Kaplan...
feared that Jodie Foster
Jodie Foster
Alicia Christian "Jodie" Foster is an American actress, film director, producer as well as a former child actress....
wasn't sexy enough and decided to cast Kim Basinger
Kim Basinger
Kimila Ann "Kim" Basinger is an American actress and former fashion model.She is known for her portrayals of Domino Petachi, the Bond girl in Never Say Never Again , and Vicki Vale, the female lead in Batman . Basinger received a Golden Globe Award for Best Supporting Actress – Motion Picture...
for the part of Sarah; however, Basinger declined. Molly Ringwald
Molly Ringwald
Molly Kathleen Ringwald is an American actress, singer and dancer. Having appeared in the John Hughes movies Sixteen Candles , The Breakfast Club , and Pretty in Pink , Ringwald has been frequently named the greatest teen star of all time...
, a popular teen idol of the time, wanted the role of Sarah, but her parents turned down her offer because they feared she didn't want to play a twenty-something rape victim at a young age. Kaplan gave Foster the part and her performance in the film was ultimately praised.
McGillis herself was a rape victim in real life. In 1982, she was assaulted and raped in her home by the escaped rapist
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
Leroy Johnson after coming home from work. This experience encouraged the actress to pursue her role in this film. Johnson was sentenced for other crimes to 50 years in prison in 2010.
According to the Internet Movie Database, production began on November 30, 1987 with filming commencing on January 6, 1988. Filming wrapped a month later on February 14, 1988, but was delayed due to the WGA Strike
1988 Writers Guild of America strike
The 1988 Writers Guild of America strike was a strike action taken by members of both the Writers Guild of America, East and the Writers Guild of America, West against major United States television and film studios represented by the Alliance of Motion Picture and Television Producers...
. The budget for the film was an estimated $6 million.
Notably, the extended rape scene was shown only as one of the final scenes of the movie, in flashback.
Critical and scholarly reaction
The film was a critical success, garnering a 95% fresh rating on "Rotten Tomatoes". Of the two trials in the film, Roger EbertRoger Ebert
Roger Joseph Ebert is an American film critic and screenwriter. He is the first film critic to win a Pulitzer Prize for Criticism.Ebert is known for his film review column and for the television programs Sneak Previews, At the Movies with Gene Siskel and Roger Ebert, and Siskel and Ebert and The...
finds that the lesson of the "second trial may be the most important message this movie has to offer," that "for some men, the movie will reveal a truth that most women already know," of the damage caused by verbal sexual harassment.
Some educators worry that this "educationally profitable" film's R rating "will receive V ratings and be subject to at least a presumption against curricular use in many public schools."
The film was nominated for the Golden Bear
Golden Bear
According to legend, the Golden Bear was a large golden Ursus arctos. Members of the Ursus arctos species can reach masses of . The Grizzly Bear and the Kodiak Bear are North American subspecies of the Brown Bear....
at the 39th Berlin International Film Festival
39th Berlin International Film Festival
The 39th annual Berlin International Film Festival was held from February 10 to 21, 1989.-Jury:* Rolf Liebermann * Leslie Caron* Chen Kaige* Vadim Glowna* Randa Haines* Vladimir Ignatovski* Adrian Kutter* Francisco Rabal...
.
See also
- Aestheticization of violenceAestheticization of violenceThe aestheticization of violence in high culture art or mass media is the depiction of or references to violence in what Indiana University film studies professor Margaret Bruder calls a "stylistically excessive," "significant and sustained way." When violence is depicted in this fashion in films,...
, an article which includes a discussion of Kaplan's use of a violent rape scene in The Accused. - List of films based on actual events