Jonathan Kaplan's The Accused

Jonathan Kaplan’s 1988 trial drama The Accused is the story of a young woman, Sarah Tobias, who is gang raped by three patrons in a bar, while bystanders watched and encouraged the offenders. After the crime, the Assistant District Attorney (ADA), Katheryn Murphy, plea bargains with the defense attorneys, and the offenders receive a reduced charge of reckless endangerment (2 ½-5 years in prison). Tobias, the victim, outraged by this verdict seeks to find justice for her suffering. Eventually Murphy, the ADA, successfully persecutes three active bystanders with criminal solicitation charges due to their role of inducing the attack. In many ways, The Accused depicts the reality of how sexual assault cases are handled today. Receiving equal

justice and treatment for sexual assault victims are profoundly impacted by the criminal justice system and society’s reaction to this type of offense.
The Accused portrays Tobias, the rape victim, as an excellent victim-blaming example. When the sexual assault occurred, she dressed provocatively, acted flirtatious, and intoxicated by drugs and alcohol. All the characteristics used against a victim to blame them for the rape and nullify any criminal intent. Many female victims suffer from society’s perception that they are responsible for their own rape through victim-precipitation. Once Tobias’ character and demeanor became a known factor, the criminal justice system and society minimized the criminal intent and placed more blame on her than the offenders. Society viewed Tobias as ‘she got what she deserved’ because of her contributory behavior. However, she did not give in to the victim-blaming game and did not remain silent after her rapists received a light sentence. A strong victim-defending message conveyed in the film is any woman’s no means no.
Social attitudes and reactions to sexual assaults influence the severity of the crime and ultimate the treatment towards the victim. The Accused revealed how society’s members and the media play a major role in forming social opinion. For example, the hospital’s medical personnel are cold and callus while they are treating Tobias after the rape. Interactions are curt as they question her, obtain photographs, and conduct a medical examination. They represented society’s initial reaction of wanting to place blame on the victim. Their victim-blaming possibly stemmed from the fact Tobias’ test results showed she was legally drunk, as well as having drugs in her system. The ADA, who first met Tobias at the hospital, even voiced concern over prosecuting the crime as rape due to her test results. Any assumed contributing behaviors on the part of a victim should not effect a victim’s right to unbiased, proper care and treatment by professional personnel.
Another influence forming public opinion is biased media coverage of sexual assaults.

To sell news, the media’s coverage of sexual assaults tends to be slanted with imposed stereotypes upon the victim. An example of media coverage in The Accused occured after the initial appearance before the judge when the offenders are granted bail. The news station only covered the offenders’ angle and stated, “the facts will prove the victim was not really raped.” The defense attorney stated in his interview, “There was no rape. The so-called victim participated enthusiastically…put on a show” (Kaplan, The Accused). One offender is immediately congratulated with applause from fellow college students watching the media coverage. The movie demonstrated journalists’ and media’s power and ability to sway and form public opinion. Society begins to believe only what they are told from these sources. Through biased news coverage of criminal acts, especially sexual assault, the media is already playing judge and jury effecting the outcome of the

case.
Sexual assault and rape crimes are a moral dilemma for society as well. Bystanders, outsiders, and even family members and friends must make ethical decisions when confronted with the criminal event and its victim. In the movie, observers had a choice to get involve and help the victim, become a soliciting participant by inducing offenders, or pretend that nothing wrong was happening. One spectator, a college student, decided to get involved by calling 911 when the rape occurred. Later when the ADA wanted him to testify against the active participants, even he was reluctant to get involved and stated, “They watched. Big deal” (Kaplan, The Accused). Those who chose to become active spectators during the rape, eventually had their day in court and was convicted of criminal solicitation. Tobias’ best friend Sally, waitressing at the bar, chose not to intervene and pretended nothing was wrong by quitting her shift early and leaving the bar. When faced with sexual acts of violence, moral standards and the public’s reaction varies and is greatly influenced by messages expressed through society and the media.
As shown in The Accused, “Today, who the offender is, who the injured party is, and how they acted before and during the attack determine the legal system’s response to the crime” (Karmen 326). The ADA, Murphy’s, initial response was supportive toward the victim, and she desired to prosecute the offenders at the maximum sentence. However, she realized Tobias was not the ‘ideal victim’ and would not be a strong witness because of her demeanor prior to the rape. Murphy accepted a plea bargain from the defense attorneys for a reduced charge, reckless endangerment, with zero connotation of a sexual act happening. The Accused illuminates how plea bargains often suppress the whole truth leaving the offender less culpable for their actions.
The movie illustrated other criminal justice shortcomings such as the prosecutor not informing the victim of any plea agreements.

Murphy did not advise or consult Tobias prior to accepting the plea deal, leaving the victim to learn about the agreement through media coverage. Even though most States’ Victim Right’s Amendments stipulate this as a right, prosecutors rarely consult the victim during or after plea bargaining (Karmen 326). Fortunately, Murphy felt remorse towards Tobias for not offering her the chance to testify against her offenders before agreeing to a plea. To make amends, she pressed criminal solicitation charges against three active spectators and successfully won. This allowed Tobias the chance to tell her story in court and legally document the event as rape. While the plea-bargaining process does allow the criminal justice system to run smoother, it can silence the victim’s voice, minimize the severity of the offense, and deprive victims and society of moral

justice.
The Accused was one of the first movies to deal with rape from the victim’s perspective. It explores some of the complex issues involving sexual assault offenses like victim blaming, responsibilities of bystanders, the criminal justice system, social attitudes, and media influences. Since the movie’s release, victim defenders would agree these issues have made little to no improvement. Rape is still one of the lowest reported, charged, and convicted crimes. Even today, victims endure victim-blaming and held culpable for what happened to them. Additionally, the criminal justice system does not always honor or consider victim’s rights, and plea bargaining may not result in moral justice for the victim or society. One must remember that in a criminal case, the crime is considered an offense against the state not the victim. In that stance, plea bargaining serves the purpose of the legal system quite well. However, sexual assault victims deserve equal justice and treatment just like victims of other criminal offenses. Stigmatizes and preconceived perceptions associated with sexual assault victims need to be eliminated. The message is clear: Any person who endures a crime of sexual assault is the victim, not the offender. Work Cited
Foster, Jodie, performer. The Accused. Directed by Jonathan Kaplan, Paramount Pictures, 1988. DVD
Karmen, Andrew. Crime Victims: An Introduction to Victimology, 9th Edition. Cengage Learning, 20150428. VitalBook file.