The Accused is a 1988 American legal drama film directed by Jonathan Kaplan and written by Tom Topor, loosely inspired by the 1983 gang rape of Cheryl Araujo in New Bedford, Massachusetts. Starring Kelly McGillis and Jodie Foster, the film follows Sarah Tobias (Foster), a waitress who is gang raped by three men at a local bar. With the help of District Attorney Katheryn Murphy (McGillis), she sets out to prosecute the rapists, as well as the men who encouraged the assault.
The Accused was theatrically released in the United States on October 14, 1988, and was screened at the 39th Berlin International Film Festival on February 13, 1989, where it was nominated for the Golden Bear. The film was highly controversial upon release due to its graphic portrayal of gang rape and was credited as one of the first mainstream films to deal with the horrors of rape and its aftermath on a victim's life. Despite this, it received widespread acclaim from critics, with many praising the performances of the cast and authentic portrayal of its subject matter. The film was chosen by the National Board of Review as the 3rd-best film of the year. Foster's performance marked her breakthrough into adult roles, winning the Academy Award for Best Actress and the Golden Globe Award for Best Actress in a Motion Picture – Drama.
Plot
On April 18, 1987, 24-year-old waitress Sarah Tobias is gang-raped by three men at a local bar while several patrons watch and cheer. District Attorney Katheryn Murphy is assigned to the case. Although there is strong physical evidence corroborating Sarah's rape, Katheryn assumes that Sarah will not make a credible witness if the case goes to trial due to her checkered past and flirtatious behavior with the men before her attack. She agrees to a plea bargain, allowing the three rapists to plead guilty to the lesser offense of reckless endangerment, a felony without a sexual offense, and serve nine months in prison. Sarah is angered and feels betrayed by Katheryn's decision, as she wants the chance to tell her story.
Several months later, Sarah is harassed in a parking lot by one of the men who watched and encouraged her rape. In response, she drives her car into his truck, resulting in her hospitalization. Katheryn feels guilty for not giving Sarah the choice to take her case to trial and offering her rapists a plea deal. She decides to prosecute the men who clapped and cheered during Sarah's assault for criminal solicitation. If convicted, the rape will go on record, nullifying the plea deal, and her rapists will serve five years in prison.
As the case goes to trial, Sarah is finally able to testify about what happened the night of her attack. Meanwhile, Katheryn pores over evidence and comes across a tape of a 911 call in which a young man reports Sarah's rape. She discovers the caller is Kenneth Joyce, a college student who was present that night at the bar. Reluctant at first, he agrees to testify for the prosecution, recounting how the accused men cheered and goaded the rapists on as they brutalized Sarah. The three men are found guilty of criminal solicitation, and as a result, the rapists will serve additional time in prison. Sarah leaves the courtroom triumphant with Katheryn.
The film closes with this text: "In the United States a rape is reported every six minutes. One out of every four rape victims is attacked by two or more assailants".
Cast
- Jodie Foster as Sarah Tobias
- Kelly McGillis as Katheryn Murphy
- Bernie Coulson as Kenneth Joyce
- Leo Rossi as Cliff 'Scorpion' Albrect
- Ann Hearn as Sally Fraser
- Carmen Argenziano as Paul Rudolph
- Steve Antin as Bob Joiner
- Tom O'Brien as Larry
- Peter Van Norden as Paulsen
- Terry David Mulligan as Duncan
- Woody Brown as Danny
- Tom Heaton as Jesse
- Andrew Kavadas as Matt Haines
- Scott Paulin as Ben Wainwright
- Tom McBeath as Stu Holloway
- Kim Kondrashoff as Kurt
- Veena Sood as Woman Orderly
Themes
It is loosely based on the 1983 gang rape of Cheryl Araujo in New Bedford, Massachusetts, and the resulting trial which received national coverage (and was also the focus of an episode on the 2020 Netflix documentary series Trial by Media). The film explores the themes of classism, misogyny, post-traumatic stress disorder, slut shaming, victim blaming, and women's empowerment.