Accused, The

Published: Saturday, Nov. 5 1988 12:00 a.m. MST

A sincere and well-intentioned exploration of the crime of rape in America, and a serious-minded look at how the legal system often treats the victim as badly as the criminal, "The Accused" is, most of the way, compelling and chilling in its matter-of-fact presentation.

This is not unexplored territory, of course, though it has been mainly the terrain of made-for-TV movies, ranging from the ordinary "Cry Rape" to the extraordinary "A Case of Rape."

And most moviegoers may feel they already understand that rape is a crime of violence, not passion, and that rape victims unfortunately have to go through an incredible amount of humiliation to see justice served.

But "The Accused" has some twists that make the subject worth going over once again.

The victim here, as played by Jodie Foster, is a bit "loose," as they say. And one night, after a fight with her live-in boyfriend, she heads for a sleazy bar down the road where she smokes some pot, gets a little drunk and flirts with a couple of guys. Then she goes into the game-room at the back of the bar, does a sensuous dance and suddenly is attacked by one of the men she's been flirting with. Before she can say or do anything she is thrown on a pinball machine and raped by three men while a crowd in the room shouts encouragement.

Did she ask for it? Well, of course not, but society often treats rape victims as if they did — especially if they are women with rough edges, as is the case here.

The rape itself, however, is not shown until quite late in the film. Instead, "The Accused" opens with Foster running, screaming from the bar. She stops a truck and gets a lift to the local hospital. There she is examined and questioned, and she meets the assistant district attorney who will handle her case, played by Kelly McGillis.

McGillis is cold and aloof and, though she believes Foster's story, seems less than sympathetic toward her. So she plea-bargains the case and lets the three rapists get off with minimum sentences.

But that just makes Foster feel all the more violated.

Later, McGillis is prompted by a guilty conscience to agree with Foster and decides to prosecute the bystanders, those who stood by and not only let it happen, but prompted the rapists on as if they were at a sporting event.

This is all very well, and for most of the film it appears screenwriter Tom Topor ("Nuts") and director Jonathan Kaplin ("Heart Like a Wheel") will take the high road and not feel the need to exploit the rape itself.