(screaming)
- Birchfield County Emergency. - I'd Iike to report a girI's in troubIe.
- May I have your name? - Listen, a girl's in trouble.
- It's The Mill, the bar on Mill Road. - Sir, I must...
- Would you listen to me, goddamn it?! - (car hooting)
Stop!
(car hooting)
It's a rape. There's three or four guys. I don't know. There's a whoIe crowd!
- (hooting) - Why don't you send somebody?!
(woman) Raise your chin.
What kind of contraceptive do you normally use?
- (hoarsely) IUD. - When was your Iast period?
Show me your hands, please.
Uh... Ten...
Twelve days. Bad cramps.
- What's your usuaI cycIe? - Turn around. Raise your gown, pIease.
26, 27 days.
- Aren't you gonna examine me? - I need some more history first.
(photographer) Your Ieg, pIease.
Before the incident, when was your Iast intercourse?
- Turn around, Iower your gown, pIease. - A whiIe.
- Can you be more specific? - Please lower your gown.
- Two weeks. - Are you sure?
Yeah.
Sarah, have you ever had a venereaI disease?
No.
Hi, Sarah.
I'm CaroI Hunnicutt from the rape centre.
Is there anyone you'd Iike me to caII?
Well... I'm here to help, so if there's anything I can do, let me know. OK?
Try to relax.
You're tensing. Easy.
Breathe deeply for me.
Easy.
Easy. One more. Hold on.
- I'm gonna comb for hair, Sarah. - Not yours. Theirs.
Now, let's get you down.
I wanna scrape under your naiIs in case you scratched one of them.
(knocking)
Sarah, this is Kathryn Murphy.
She'II be the deputy district attorney for your case.
Hi, Sarah.
You can take a shower now, and a douche.
The Iadies' room is down the haII and on your Ieft.
I brought you something to wear.
I hope you don't mind grey.
- (hoarsely) You got any mouthwash? - Sure.
A Iot of aIcohoI.
- Legally drunk. - And grass, too. What else?
What difference does that make? She was raped by three men.
I'm not a rape counseIIor. I'm a prosecutor. I have to make a rape case.
- Then go prosecute. - I'II wait in the supervisor's office.
- Miss Murphy? - 101.
..and I heard somebody screamin',
and it was me.
- Sarah, this is Detective Duncan. - Dunc. How are you doin'?
- Would you recognise any of the men? - Yeah.
The Mill is still open. We'd like to take you, see if you can make a positive lD.
We'd be right there with you.
If you want to get them, I need your heIp.
Yeah.
(Kathryn) Do you recognise any of your attackers?
Yeah.
- Let's go. - The guy in the yellow T-shirt.
Check the back room.
The one in the vest.
Are there any others?
No.
John, could you take her out to my car, please? I'll be there in a minute.
Excuse me, sir.
I'm Kathryn Murphy, deputy district attorney in BirchfieId County.
We have a report of a felony committed on these premises.
I have a search warrant signed by Judge CutIer.
This is Detective Duncan, in charge of the investigation.
Wanna turn down the television set so we can talk in peace?
Hey, Polito! How are you doin'?
Didn't think I was gonna see you for a coupIe of years.
(humming)
The college one wasn't there.
Kurt, Danny and the college one.
My girlfriend Sally was there.
Bob's the college one. Bob.
Did you go to college?
Oh, yeah. Lawyer. Of course you...
Stupid.
Turn right here.
Listen, um...
Listen, maybe you should just leave me off here, cos...
cos he's probably asleep.
He Iikes to get stoned and Iisten to music and faII asIeep.
Are you OK?
Yeah.
My eyes hurt.
Are you married?
No. Are you?
No.
My ma was married for ten years, but he Ieft when I was born.
Are you into astrology at all?
No. No, I'm not.
That's too bad. I couId do your chart for you.
- When were you born? - 1959.
I sure hope I can wake him up.
You want me to come in with you?
Can I ask you a question?
Does my face Iook reaIIy bad?
No.
He Iikes to touch my face.
I wish I knew what to say.
- (rock music on headphones) - What?
I said "I wish I knew what to say."
You wanna take a drive?
Get some air. CooI out.
No.
OK.
I'II be back in a whiIe.
(motorcycle drives off)
- (woman) Hello? - Hi. It's me.
Sarah?
(yawning) It's awful late. Is somethin' wrong?
No. Nothing's wrong. No speciaI reason. I just figured I'd say heIIo.
You lost yourjob.
No.
How's Amos?
- Gone. - Already?
Thanks a lot, Sarah.
I wasn't makin' fun of you, Ma. I...
Are you callin' for some money?
No, I don't need any money. I was just thinkin'...
I was thinkin' maybe I'd drive out. Maybe I'd come out for a week or so.
- You're in trouble, right? - No. I'm... I'm not in any troubIe, Ma.
- I just figured... - I'm goin' away.
- Where? - Florida.
Oh. Well, that sounds like fun.
Listen, Ma. You have a good time, OK?
Hey, how's Sadie doin'?
She's fine. I just got her a new fIea coIIar.
Will I talk to you soon?
Yeah. ReaI soon.
- It's kinda expensive to caII, so... - OK.
I've gotta get up in two hours.
Yeah. AII right, uh...
- You go back to sleep, Ma. - You take care.
Mm-hm. Bye.
Bye.
- It's the one in the green sweater. - Green sweater.
Back up, boys. County Sheriff. Your name Bob?
Put your hands on the car over there. You're under arrest.
- For what? - Put your hands on the car!
You have the right to remain silent. If you give up this right,
anything you say can be used against you in a court of Iaw.
- You have the right to an attorney. - Paul, call my dad.
If you cannot afford an attorney, the court wiII appoint one.
You have the right to make one phone call.
Do you understand your rights?
- Yes. - Fine. Join us, please.
- We will indict for first-degree felony. - My client has no prior record.
There's a genuine risk of the defendants fleeing the jurisdiction.
- I'd Iike him reIeased to his famiIy. - This is a crime of extreme vioIence.
The victim has concern for her safety...
$10,000 each.
Miss!
- I ordered this weII done. It's raw. - Sorry. I'II have it for you in a minute.
- And I asked for some ketchup. - Right. I'm goin' a IittIe seniIe today.
..accused of raping a young woman at a local bar were released on $1 o,ooo bail.
Lawyers for the accused men expressed confidence
that the facts of the case will reveal that the woman was not actually raped.
Our defence is simple: there was no rape.
The so-called victim consented enthusiastically to the acts.
She put on a show, pure and simple.
(whistling and cheering)
The debate between the five candidates after the council seat of Daniel Stein
now appears to be on again.
Representatives for the candidates met for four hours behind closed doors...
- (knock at door) - Bye.
- Who is it? - Kathryn Murphy.
- Why'd you Iet 'em out on baiI? - I didn't. It's standard procedure.
UntiI the jury finds you guiIty, you're free if you can post baiI.
The guy on the TV made it sound Iike I did a Iive sex show.
That's not the Iast time that's gonna happen.
May I come in?
Yeah. Come on in.
- (barks) - Sadie, shut up.
The bartender at The Dugout said you were sick.
You went Iookin' for me? Oh.
Well, I had to go to the doctor and nobody at work knows.
Come on, Sadie.
You want a seat?
Would you like something to drink? I could really use a drink.
Thank you, no.
Just to smooth out the edges a IittIe bit. You know?
Listen, what time were you born?
I aIready toId you I didn't beIieve in astroIogy.
So what? I do.
- What time? - At night. Seven. August 9th.
- Where? - Portland.
Do you always drink to smooth out the edges?
No, no. Sometimes I'II take a hit of pot or something.
Why? You want some?
Did you have anything to drink before you went to The Mill? Or smoke?
Half a joint, a couple of beers. You know. Nothin' heavy.
And while you were there?
I don't know. I mean, I wasn't faIIing-down drunk or anything.
- How were you dressed? - What's that supposed to mean?
It means were you dressed provocativeIy?
Showing cleavage? See-through blouse?
What the fuck does it matter? They tore it off of me.
Did how you dressed make those guys think they could have sex with you?
- Did you put on a show? - What the hell are you talkin' about?
You saw me at the hospitaI. You think I asked for that? Is that what you think?
Then you get the fuck outta my house!
Why didn't you tell me that you had a record?
Fuck you!
I ain't got no record.
You wanna tell me about it?
AII right. Look.
I was heIpin' my girIfriend move with a U-HauI.
Goin' through Jersey we ran into a cop and he sees we got a busted taillight.
He pulls us over, he starts lookin' through her desk in the back
and finds half a gram of coke. It was nothin' big.
- It was her desk, not mine. Her stuff. - So why is it stiII on the books?
I don't know. You teII me.
My record was definitely, uh...
- Expunged? - Yeah, expunged.
Have you ever made Iove to more than one man at a time?
What the fuck kinda question is that?
The kind you're gonna be asked on the stand.
You'II be asked if Larry or any other man ever hit you and if you Iiked it.
You'II be asked about your drug bust and how many drinks a day you have,
and how many joints, and how often you go to bars alone,
and whether you wear underwear, and how many abortions you've had.
And I wiII object to aII those questions.
And sometimes the judge will sustain me.
But sometimes not.
That ain't fair.
Sarah, you're a witness. The defence's job is to show you're a rotten witness
because you've got a rotten character.
I got a rotten character?
You won't defend me because I'm some Iow- cIass bimbo?
I didn't say that.
- Will those bastards go to jail? - Is that what you want?
I want those motherfuckers put away for ever.
(Kathryn) Sarah said you were here that night.
Uh, yeah, I was here. But I didn't see what happened.
But if Sarah says she was raped, she was raped.
Can you identify the men who assaulted her?
Uh-uh. I was out there.
Anyway, a bunch of guys were blockin' the door, so I really couldn't see.
And it was the end of my shift, so I Ieft whiIe she was stiII in here.
- Do you know any of these guys? - Uh-uh.
There was a bunch of 'em that were reaI rowdy. You know. YeIIin', cIappin'.
I reaIIy just thought she was... partyin'. You know?
- Well, is there anyone you can identify? - Like how?
Did you notice anything different about any of them?
Let's say... Iong hair? Beard? Moustache?
Birthmark? Bandanna?
Jewellery?
Scar? Tattoo?
Tattoo. Yeah.
Can you describe it?
A scorpion. This one guy, he had a scorpion.
How many drinks would you say she'd had?
I don't know. She was pretty Ioaded.
She'd just had this big fight with Larry - the guy she Iives with.
She just needed to cooI out a IittIe.
What do you know about Larry?
Not much. Except he's an asshole.
I mean, he says he's a musician but he's just a deaIer.
He rides a motorcycle.
Come on, man. Gimme a break. These guys are my bread and butter.
You sure you didn't see anyone else?
Some kid I never seen before pIayed one of the video machines aII night.
- Who was with him? - Nobody I saw.
Jesse, I'm gonna phone the state Iiquor authority
and tell 'em how you kept servin' booze
while a violent felony was committed in your back room.
- Ready? - Uh-huh. Thanks, Jesse. We'II taIk.
I need these by 11. See you tomorrow.
Is he free?
- Game time. Let's go. - I know. Just a second.
I don't beIieve this. I reaIIy don't beIieve this.
- Tina, where the hell are the tickets? - You gave 'em to me to hold.
- How are you doing on Tobias? - We'II taIk about it at the game.
Tina, if Charley calls, I'll be home after 11.
Hey, ref! Cross-checking! Open your eyes, will ya?
Take him out, Donovan! Take him out!
- Play hockey! - Did you see that?
Thanks.
If I take it to triaI, they'II destroy her.
She walked in alone, she got drunk, she got stoned, she came on to them.
- She's got a prior for possession. - That's inadmissible.
Sure, but they'II ask her about it.
I'II object, the judge'II sustain it, but the jury'II hear it.
I read her Q and A. Gang-raped on a pinbaII machine.
- It's an ugIy case. - But is it a winnabIe case?
Kathryn, we understand that you Iove to win.
But I can't Iet you dismiss this because you don't have a Iock.
A Iock? I don't have a case.
Her girlfriend didn't see anything, the bartender didn't.
The others either didn't see anything or didn't think it was anything speciaI.
I got PoIito, but once the defence brings up that he's on probation,
they'II know that we squeezed him.
What about the guy who called, who reported it?
We have his voice on tape, but we don't know who he is or where to find him.
Kathryn, do you believe she was raped?
Yes. But I can't win it.
And they can't walk. So make a deal and you put 'em away.
- A deaI with what? - You got enough. Go for rape two.
Any felony, as long as it's a violent one.
Assault, coercion, reckless endangerment, menacing...
- I can't do that. - You said she was raped.
So make a deaI and put 'em away.
I don't care if they onIy get six months. Just make a deaI and put 'em away.
Do you understand, Mr Polito, that you'll be testifying before a grand jury?
Yeah, I got that.
And you'll be testifying against people you're acquainted with?
Yeah.
Mr Polito, have I or anyone in the sheriff's department or the DA's office
offered you any inducement to testify?
Money, gifts, anything?
- No. - Thank you, Mr Polito.
Well, he's just a taste. The bar was filled with witnesses.
We anticipate that they'II aII testify for The PeopIe.
Anticipate? A hundred says you'II have to drag 'em into court.
And they'II be useIess cos they were too drunk.
Whatever you say.
Keep in mind that we don't need corroboration to prove rape.
And we do have medicaI evidence: no doubt about penetration.
And physicaI evidence: no doubt about force.
- What will you take? - Rape one.
We were thinking more in the Iine of, say, sexuaI abuse two.
Rape one. Maybe I couId convince the judge not to give them the maximum.
I'd rather go to triaI.
Fine.
Oh, by the way, no separate deals.
One goes to trial, all go to trial.
What would you say to sexual abuse one?
- I'd say rape one. - Cut the crap. PoIito Iooks Iike shit.
You don't have anybody better.
And your complaining witness?
She walked into a bar, got loaded and stoned,
and did everything but yank their dicks. No jury'II buy her.
What would you say to rape two, with a recommendation for one year?
I'd say go to heII.
Miss Murphy, are you sure you're in a position to be quite so... adamant?
- A rape triaI... - Is aIways a gambIe. I agree, Mr HenIey.
And I know your reputation. But Iook at these photographs.
This is what the jury is going to see. And they'II see the girI, too.
You can't tell from these, but she's tiny.
The most defenceless-looking thing you ever saw.
If we go to triaI and you Iose, I'm gonna ask for 15 to 25- and I'II get it.
- 18 months. - Stop dancing.
What's your best offer?
Two to five, rape two.
With Iuck, your boys wiII be out in nine months.
On one condition.
I'II accept that on behaIf of my cIient
if the formaI charge is changed to one without a sexuaI eIement.
He's a kid of 22. He's an A student. He's got a future.
I can't do that.
He won't plead guilty to a sexual offence.
Assault?
Coercion?
Reckless endangerment?
- Malicious... - Reckless endangerment?
(news on TV)
Three men accused of raping a young woman in a local bar
pleaded guilty to a reduced charge of reckless endangerment.
They were sentenced to two-and- a-half to five years in prison.
Neither the district attorney's office nor the defence
would comment on the plea bargain.
No explanation was given for reducing the charges
from rape to reckless endangerment.
A source close to the defence hinted
that the alleged victim would not have made a strong witness for the state.
- Where do you want these? - Uh... there.
I think this Iooks raw.
- (doorbell) - Oh, shit.
- I'II get it. - Thanks.
Here we go. Now, this is an experiment, so I want you aII to be kind, OK?
Excuse me. Excuse me!
You double-crossing bitch! You sold me out! Did you see this?
- Is this what you did? - Excuse us.
Yeah, I wouIdn't make a good witness. I'm too fragiIe. My past is questionabIe.
I'm a drunk, I'm a pothead, a drug addict!
A slut that got bounced around a little in a bar, right?
- So I didn't get raped, huh? - Of course you were raped.
How come it doesn't say "Sarah Tobias was raped"?
What the fuck is reckless endangerment?
A felony that carries the same prison term as rape.
You asked me to put them away, and that's what I did.
Who the hell are you to decide that I ain't good enough to be a witness?
I bet you if I went to Iaw schooI and I didn't Iive in some dump...
I understand how you feeI. I did my best.
You don't understand how I feeI!
I'm standin' there with my pants down and my crotch out for the worId to see
and three guys are stickin' it to me and other guys are yelling and clapping
and you're standing there telling me that that's the best you can do!
If that's the best you can do, then your best sucks!
I don't know what you got for seIIin' me out, but I sure as shit hope it's worth it!
(door slams)
Wow. What did you do?
(Larry laughs)
- That Iooks weird. - I needed a change.
Hey, it's nothin' heavy. It's just...
I'm not used to it.
Stop. AII right? Stop.
When are you gonna get over this, hm?
You're gonna have to snap out of this pretty soon cos it's gettin' boring.
Get outta here.
Fine.
- Be back in a couple of hours. - No.
You get the fuck out and don't come back.
Shit. You can cut your fuckin' hair any way you want.
This is my house and I don't want you in it. Now get out.
Fine. I'm gone.
(motorcycle drives off)
( rock music)
You caught me. I'm sorry. This is gonna sound Iike the worst kinda crap,
- but I seen you before. - You're right. It's the worst kinda crap.
I have seen you. You're a friend of Johnny AIworth's sister, right?
No.
It was Duck IsIand. Last Sunday afternoon, softbaII game?
- Your hair was different. - No.
Yes. It was Iong.
Look, I Iive with somebody. OK? AII right?
I got it. I'm sorry.
He's a Iucky guy.
You sure you don't wanna go out tonight? Huh?
Oh! I got a smiIe!
Well, it's a start.
- Hey, Sexy Sadie, what about it? - I toId you, I Iive with somebody.
- I don't mind. I'm Iiberated. - WeII, I do. I mind.
- Cos I do know you, Sexy Sadie. - You mixed me up with somebody eIse.
Nope. You're the girI from The MiII that night. Hm?
(laughs)
I remember Sexy Sadie. I do know you. Am I right?
Hey, Sexy Sadie.
Hey, I know you. Whoa, do I remember you! (crows)
Hey! Hey, Iover Iady! Lover Iady!
(engine starts)
Hey! Wanna play pinball? (jeers)
(tyres screech)
I pay my bills. I'm sick and tired of this. Come on, let's go.
- (wife) I'm sorry... - Come on!
I'm sorry about this. But I do know that I made the payment.
There's an insurance company that I made the payment to. My husband...
- Come on, babe! - OK. I'II phone them. Thanks.
(hurried footsteps)
You can go in now. Keep it short.
Thanks.
Sarah?
What happened?
"Wanna play pinball?"
What?
That's what he said.
"You wanna play pinball?"
He sees I'm a piece of shit.
Everybody figures I'm a piece of shit.
Why not?
You told 'em that. I never got to tell nobody nothin'.
You did all my talkin' for me.
I don't get it.
I thought you were on my side.
You told me you were on my side.
Why did you do that?
Sorry, Officer. It's one of those days. My insurance is no good here.
I pay aII my biIIs. What happens? Nothin'!
I'm sorry, OK?
- How's your head? - Oh, just great.
Honey, just wait here. I'II go get the car.
Excuse me, sir!
I'm sorry to bother you. What exactIy happened?
Exactly? She rammed my truck.
I was minding my own business. She drove her car into my truck. AII right?
- Do you know why? - How do I know why? She's nuts.
- Do you know her? - No, I don't know her.
She's a whore. Last time I saw her, she was doin' a sex show.
- Come on! - You watched?
- You bet. She put on a great show. - I thought she was raped.
Raped? She fucked a bar full of guys, then she blames them for it?
She Ioved it. She had an audience. She did the show of her Iife.
Come on, move over. Move over!
Next time she does another show, tell her I'll be right there to cheer her on.
(tyres screech)
(tape) I'd like to report a girl's in trouble.
- May I have your name? - Listen, a girl's in trouble.
- It's The Mill, the bar on Mill Road. - Sir, I must...
She may be hurt. An assault's going on.
It's a rape. There's three or four guys. I don't know. There's a whole crowd!
(stops and starts tape)
She may be hurt. An assault's going on.
It's a rape. There's three or four guys. I don't know. There's a whole crowd!
- (stops and starts tape) - ..or four guys. I don't know.
- There's a whole crowd! - Can I get your name, please?
(Kathryn) "..or otherwise attempts
to persuade another person to commit a felony."
Please. I know about criminal solicitation.
But in this case it simply doesn't apply. It's not the intent of the statute.
Listen again. "A person is guilty of criminal solicitation
if he commands, induces, entreats
or otherwise attempts
to persuade another person to commit a felony."
You can read it to me till you're blue in the face.
I am not gonna Iet you prosecute a bunch of spectators.
They're not spectators. They solicited the rape.
Do you really want to ask a jury
to Iock up a bunch of peopIe for cIapping and cheering?
Clapping, cheering, pushing, goading.
Getting the rape going and keeping it going.
What happens if you Iose? You'II Iook Iike an incompetent.
If you win, you'II Iook Iike a vengefuI bitch.
Either way, you hurt yourself and this office.
Now drop it. You've got more important things to do.
No, I haven't.
You haven't got more important things to do than go to triaI with a sure Ioser?
What the hell has gotten into you?
- We owe her. - Owe her what?
We put the rapists away.
I owe her.
I see. You want to spend my money to put a bunch of spectators on triaI -
a triaI you'II Iose - because you owe her!
No!
You don't get to use this office to pay your debts. No!
I am gonna try this case and you're not gonna stop me.
Kathryn, you're an ace.
You've got a great future. Don't put it in jeopardy.
What are you gonna do? Fire me? Go right ahead.
My first case will be a civil suit
against the rapists, the solicitors, the Bar, and the state.
I wiII show that Sarah was in hospitaI because this office soId her out.
I wiII subpoena your records and cross-examine you
on every sleazy plea bargain this office ever made.
You go try your case. You have a good time!
Because, win or Iose, you're through!
What are you Iookin' at?! Get back to work!
( hard rock)
(knocking)
(Kathryn) Sarah? I'd Iike to taIk to you. May I come in?
We got nothin' to talk about.
- Yes, we... - Get outta here!
- Who the hell do you think you are? - (music stops)
- I have to taIk to you. - Get out of my house.
Will you listen to me, please?
I'm Iistenin'.
Sarah, I made a mistake.
Before I made the deaI,
I shouId have offered you the choice of going to triaI and testifying.
I can offer that to you now.
I've found a way for you to go into court and testify that you were raped.
- The case is over. - The rape case, sure.
You made sure of that, didn't you?
I want to prosecute the others. The ones who cheered and cIapped.
- The ones who made it happen. - So you can make another deaI?
No. I'm not gonna make any more deaIs.
If I prosecute the others, the rapists wiII stay in jaiI for the fuII five years.
And the rape will go on record.
The deaI won't matter because the rape wiII go on record.
You really wanna do that?
Only if you help me.
I need you to testify.
I get to teII my story?
Yes.
Are you alone now?
Yeah. I kicked him out.
While I was laid up, he came back to pick up all of his stuff.
What's his is his, what's mine is his.
Thank God he Ieft me the radio.
Anything I can do?
Yeah.
What?
No deals.
(children's voices)
Sally? It's Kathryn Murphy.
Hi.
Listen, I... I need your heIp again.
Hey, come on, cut it out.
- Are these yours? - Yeah.
Go play someplace else now, OK?
I thought it was aII over.
I'm gonna prosecute the ones that cheered it on.
You said of the guys blocking your view that they were, uh...
"real rowdy", "yelling and clapping".
Not the guys at the door. The ones over by the pinball machine.
So you knew that they were yelling about Sarah?
Yeah, but... they aren't the kind of guys you really wanna mess with.
You know what I mean?
Listen, I'd Iike you to come in and see if you couId identify them in a Iine- up.
Oh, Jesus. They're gonna be right there, aren't they?
Yes.
I don't know.
Why don't we make a date for you to come in to my office and talk about it?
Sally, she's your friend.
(sighs)
Number two.
Seven.
You positive?
Yes.
Number four. Definitely.
You can go in now. It's down to the end of the haII to your right.
There's no purpose in meeting again because I'm taking them to triaI.
Well, good luck to you, too.
- Hi! - (both) Hi.
Thank you for coming. Sarah, there was no need for you to come.
- I figured she couId use the company. - WouId you mind waiting outside?
- Alana, could you hold my calls? - I'll wait outside, then.
Sally, why don't you have a seat right down here, OK?
I want to begin by asking you a few questions about the night of ApriI 18th.
Answer as simply and honestly as possible.
(typing)
(phone ringing)
( hard rock on headphones)
A few. Maybe three.
I've seen her drink a Iot more than that.
Uh...
She needed to get Ioose cos she'd just had this big fight with her oId man.
And she goes "I'm so pissed at him." You know?
Cos she's sure he's runnin' around on her.
You mean sleeping around, right?
Right. Which I bet he is.
(Sally) So we were sitting in a booth just sort of talking...
There were these two fraternity guys there,
and Sarah Iooks at one of 'em - Bob.
She goes "He's cute. Who's he?"
- So we started jokin' around. - What do you mean, joking around?
You know. Like, how could she get back at Larry?
Should she take this guy home and just do it right in front of him?
- You said she should take Bob home... - No, no, no. She said it.
She didn't mean it. She was just jokin' around.
Well, she'd had a few drinks.
God, she didn't mean it!
- I'II wait for you downstairs. - Wait a minute.
- I want to taIk to you. - What's goin' on?
- I warned you: no secrets. - I didn't keep any secrets from you.
She told me what you said in the bar when you met Bob. Do you remember?
- Do you? - Yeah. I said...
"I'd like to take that guy home and fuck him in front of Larry."
- So what? It was a joke. - She can't be a witness for you!
In fact, when the defence finds her, she'II be a witness for them.
Now what other surprises have you got waiting for me?
None.
I'm sorry.
- Is Jesse around? - No, it's his day off.
- Can I get you a drink or somethin'? - No, thank you.
( "At This Moment" by Billy Vera and The Beaters)
I'd fall down on my knees
Kiss the ground that you walk on
If I could just hold you again
- Mr Joyce? - Hi.
I'm Deputy District Attorney Kathryn Murphy.
I'd Iike to taIk to you about the night of ApriI 18th and the rape at The MiII.
- I don't know anything about it. - Yes, you do, Mr Joyce.
- You want to talk over here? - Sorry. I got a class.
Your class can wait. You were there. Your name is on the video machine.
And I'm caIIing you as a witness.
Now would you like to sit down and talk about it?
What do you want? You got the ones who did it.
I'm prosecuting the others. The ones who cheered them on.
- I didn't see a thing. - Yes, you did.
You were in the room all night. You saw everything.
Those other guys didn't do anything.
They probably didn't even know what was going on.
It was Iike a show. Big deaI. They watched.
I bet if you asked a thousand peopIe, 999 wouId watch. It's no crime.
They did more than watch, and that is a crime.
Wanna tell me about it?
Look, if you don't tell me about it now,
you'II have to teII me about it on the witness stand.
Why? This isn't my business. I don't care about this.
Yes, you do.
- Birchfield County Emergency. - I'd like to report a girl's in trouble.
- May I have your name? - Listen, a girl's in trouble.
- It's The Mill, the bar on Mill Road. - Sir, I must...
She may be hurt. An assault's going on. It's a rape. There's three or four...
(stops tape)
Arriving at the courthouse now is Kathryn Murphy,
the deputy district attorney in this precedent-setting case.
With her is Sarah Tobias.
This is our first chance to see the victim in person.
Miss Murphy, will you put Miss Tobias on the stand?
- (shouted questions) - No comment.
- Is your friend testifying against you? - Son of a bitch!
- Did you make a deaI with the defence? - No comment.
(shouted questions)
Are you deaf, asshole? No comment!
You'II wait right here for the officer to come and get you.
- What are you doing here? - MoraI support.
Saw Whitewood having breakfast with Anderson. Seemed in a good mood.
Good Iuck, Sarah.
Sarah Tobias? Please come in.
Do you swear to tell the whole truth and nothing but the truth, so help you God?
I do.
- State your name. - Sarah Tobias.
Please be seated.
Miss Tobias, on the night of the rape at The Mill...
Objection! These men are not on triaI for rape.
Your Honour, it is imperative that the jury understand
what was happening to Miss Tobias before, during and after the rape.
Miss Murphy, you may continue your Iine of questioning, but be brief.
Thank you, Your Honour.
Miss Tobias, can you please tell us what happened that night at The Mill?
- Well, my boyfriend... - (microphone feedback)
My boyfriend and I had a kind of a fight, so...
I got in my car and I drove to see my girIfriend SaIIy at The MiII.
I figured she'd be gettin' off work and we couId taIk.
- She worked there? - Yeah. She's a waitress, just Iike me.
So anyway, she was on a break.
We were sittin' in this booth, talking,
and this guy Danny sent over a couple of drinks.
She knew him so we took the drinks and he sat down
and, um... we started talking.
And... he was... he was funny. You know. He had a Iine.
So what happened next?
Uh...
A bunch of guys went into the back room to play pinball.
So me and Danny went in and we started playing with this guy Bob.
And, after I finished my turn, I went to go have a smoke.
You know. Smoke a IittIe pot.
Somebody put some money into the jukebox
and this song I reaIIy Iiked came on the jukebox,
so I started to dance.
And... and then Danny comes up and he starts dancing with me.
ReaI... reaI cIose.
You know, tight close.
And then he kissed me.
I'm sorry, Miss Tobias. CouId you pIease speak up?
He kissed me.
Did you try to stop him?
No. I Iet him kiss me, because I figured he was drunk and he was stoned
and that he would kiss me and then he would leave me alone.
And then...
he... put his hand up my shirt and he grabbed at my breast.
I tried to push him away but he kept puIIing me cIoser.
And he put his hand on my throat.
And he's a really strong guy, you know.
And... the next thing I knew...
Please go on, Miss Tobias.
He was squeezin' my throat with his hand,
and he pushed me down on the pinball machine,
and he ripped my shirt.
He... Iifted my skirt.
He pulled down my underpants really... really hard.
I wanted to move. I wanted to move, but he was hoIding me down reaIIy hard.
And he was jammin' his... He was...
He was kissing me very hard and he was jammin' his hand on my crotch.
And I heard a bunch of people yellin' "Hold her down, hold her down."
And then the big guy - Kurt - held my arms down.
And I couId hear 'em yeIIing and cIapping and cheering.
And then...
Danny put his hands over my mouth, over my face,
and I shut my eyes.
He was inside of me.
And then...
And then they switched.
I could hear 'em sayin' "Frat boy, frat boy."
And then Bob was inside of me.
And there was all this yelling and clapping and laughing.
And then I heard 'em call for Kurt. "Needle dick, needle dick."
And then they switched again,
and Kurt was inside of me.
And they were yellin' "Kurt, Kurt, Kurt", and there was all this chanting.
Please continue, Miss Tobias. What did they chant?
Somethin', uh...
"Poke that pussy."
The room was full of people cheering this on?
Yeah, and I kicked him. I kicked him reaIIy hard and...
I ran out into the road and...
this guy picked me up and took me to the hospitaI.
No further questions, Your Honour.
Miss Tobias, my name is Ben Wainwright.
Now, I know this isn't easy for you,
so I'm going to ask you onIy a handfuI of questions.
Now, you have testified that all the men present were strangers to you.
And you've also testified that, while you were on the pinball machine,
that you mostly kept your eyes closed.
Is that right? Your eyes were cIosed?
Yes, sometimes.
Is it fair to say that you can't teII us who appIauded or who shouted?
Is that fair?
I...
Is it possibIe that onIy one person shouted?
No. There were... different voices.
So at Ieast two, then. CouId it have been onIy two?
No. They overlapped.
Miss Tobias, you testified that you were assaulted by three men. Is that right?
- Yes. - OK.
Is it possibIe - and I'm just saying possibIe -
that the only ones who shouted were among your assaulters?
No. No, the voices were coming from further away.
OK.
Miss Tobias,
you had had severaI drinks,
you had smoked marijuana,
the TV was playing, the jukebox was playing,
you were in a room full of noisy video games and pinball machines,
you had your eyes closed... sometimes,
and you were being assaulted.
Now, given these conditions, can you truly say
how many voices you heard
and where those voices were coming from?
No.
Is it fair to say, then,
that you can't tell us who applauded or who shouted?
Is that fair?
Yes, that's fair.
OK. Thank you.
Miss Tobias, while you were on the pinball machine,
did you at any time cry "Help" or "Rape"?
No. I tried but they were... they were covering my mouth.
They were either kissing me or they had their hands all over my mouth.
I kept saying "No."
"No"?
Right. "No." I... "No." I said "No."
Not, uh... "Rape" or "Help" or "Police",
but, uh... "No"?
Right. "No."
- Did anybody hear you? - I don't know.
Well, did you signal to anybody in the room? Say, a hand signal?
No. My hands were pinned down, right?
SignaI to anybody with your eyes?
No.
- Were you struggling? - Yes!
Anybody see you struggling?
They must have.
Miss Tobias, can you in any way prove to us
that someone in that room - anyone - saw you struggling
or heard you say "No"?
No.
No more questions.
Miss Tobias, while you were being gang-raped, what were you thinking?
- Thinking? - Yes. What were you thinking?
What words came into your head?
Three men were repeatedly raping you, holding you down and raping you,
and their friends cheered and clapped,
and you Iay there naked, defenceIess, struggIing, weeping and in pain.
What words came into your head?
What words?
"No."
No further questions, Your Honour.
The witness is excused.
- How you doin'? - Good.
Good.
- Did you cut the whole day to come? - It's no big deal.
- How you doin'? - I've been better.
So how's everything? What have I been missin'?
Listen.
They're prosecuting three other guys in the bar who were cheering.
They're making me testify. But you have absolutely nothing to worry about.
- I just wanted to teII you. - Nothin' to worry about?
- Are you out of your fuckin' mind? - You're not even on triaI.
- What are you gonna say? - I'm gonna teII 'em what happened.
And what happened?
Come on, man. You know.
A bunch of guys were cheering and yelling and stuff
as you, Kurt and Danny... well, you raped her.
Who said I raped her? I'm not in here for rape.
Did you see me rape her, Ken?
- What do you think? - You didn't, did you?
Yes, I did, Bob.
Ken, if you say that, you know what happens to me?
- Nothing's gonna happen. - No!
Instead of my nine months in here, the paroIe board'II turn it into five years.
- They're making me do this. - No.
AII they can do is caII you. They can't make you say anything.
You don't remember. You were drunk, too confused to get any of it straight.
I don't wanna Iie, Bob.
Do you wanna come visit me here for the next five years?
- (Kathryn) Hi. - Hi.
- I hope you Iike it bIack. - I do. Thanks.
I meant to teII you. This week, Leos, they frighten away friends...
Not now, Sarah, please.
Sorry.
Excuse us, Miss Murphy.
Mr Joyce has something to tell you and Miss Tobias.
He doesn't truly remember the events of the night in question.
And he only told you what he told you because you coerced him.
He says if you put him on the stand, he will recant. He'll take it all back.
Did you have something to do with this?
(scoffs)
I suggest you notify the court and the defence that he won't be testifying.
In fact, it might be Iess awkward if you move for immediate dismissaI.
Wait right here, one minute.
Why?
I don't remember.
I onIy toId her what I toId her cos she forced me to.
And if she makes me take the stand, I'm gonna recant it aII, take it aII back.
- Why? - I toId you. I don't remember anything.
You're full of shit.
Where do you get off tellin' me I'm full of shit? I was there, remember?
Right. You were there and you saw me have a few drinks.
You saw me blow some grass. You saw me flirt a little bit.
And then you saw me gang-raped.
And you think that I had it comin'.
- You're just Iike aII the others. - Look, my best friend is in prison!
If I do this, they'II keep him for five years!
Your best friend is just some great guy
and I'm just this... IowIife whore that he raped right in front of you.
You're not Iike aII the others. You're worse.
That's not true. I'm not Iike that. OK?
Are you scared?
Yeah.
Me, too.
Your Honour, The People call Kenneth Joyce.
(bailiff) Kenneth Joyce.
Do you swear to tell the whole truth and nothing but the truth, so help you God?
I do.
- State your name. - Kenneth Joyce.
Be seated, please.
Mr Joyce, were you in The Mill the night of the events involving Sarah Tobias?
Yes.
Would you please recount for us what happened?
Well, it was late, and me and my friend Bob had been to the game.
Then afterwards he took me to this bar he sometimes goes to, The Mill.
We had been there for a while when this girl walked in. She was really sexy.
( rock music)
She was sitting at the table behind us, talking to her friend.
This guy Danny was sitting at the end of the bar, and he saw her come in too,
and he sent the bartender over with some drinks.
So I'm washin' dishes and I hear Bonnie screamin' her head off and go "Great."
So Chip walks out in cowboy boots and goes "I didn't just kick her in the head."
- Hey, dude. - Hey, what's goin' on?
- He's cute. Who's he? - Uh... Bob something.
Some college guy.
I shouId take him home and fuck his brains out right in front of Larry.
Yeah, right!
Can I watch?
- Behind you. Blonde girl. - Uh-huh?
- Wants me in a big way. - Ooh!
Jess. Jesse, come here.
Here we go, Iadies. CompIiments of the gentIeman at the end of the bar.
(Sally) What do you think he'II do?
(giggling)
- Evening, Iadies. - Danny, this is my friend Sarah.
- Thanks for the drinks, Danny. - Well, it was my pleasure, Sarah.
Were you talkin' shop?
No, we were talking modern romances.
Yeah? Well, I'm a romantic. That makes me just like you, Sarah.
And you are one romantic-Iookin' girI.
Woman.
Danny. It's your turn.
- Romantic, huh? Romantic? - She didn't come with me. She didn't!
You don't have to take my word for it. Walk in the back and see for yourself.
OK.
This is the game room.
Then she got up and followed him into the game room.
Pretty soon they were playing pinball with Bob and getting really loaded.
- I got 100. - That's a doubIe.
(Sarah squeals)
She's on a roll! Quick reflexes there.
- You better shut up. - I don't wanna distract you now, do I?
- (Sarah makes racing-car noise) - Light it up. Keep goin'. Light it up.
Hurry up now. She can score.
- Yeah! Go, go, go, go! - Oh, yeah!
- You Iose. - No, I'm the winner. I don't Iose.
- Check the score. - Look at that.
- (Danny) There you go, paI. - Lucky shot.
Lucky? Lucky my ass! Lucky you wish!
Yeah?
Looks Iike her hand's connected to her ass.
What's your problem?
Who is she? Get her outta here. I hate her.
- You're up. - Maybe next time, OK?
Hey, knock it off.
- Go for it. - I'm gonna.
You gonna keep that all to yourself?
Yeah.
- Didn't your mom teach you manners? - No.
- Angela, go put some music on. - I don't have any change.
Hey, Angie. I got some change.
- You're so funny, I can't stand it. - I know. Everybody teIIs me that.
- So modest, too. - I'm very modest. Let's get outta here.
- Oh, Iook who's gettin' bossy. - I'II even Iet you drive.
- Do you know how to drive? - Do you know how to walk?
( "I'm Talking Love" by Vanessa Anderson)
- Let's get outta here. Come on. - No, no. Oh, I Iove this song.
- Are you off, honey? - Yeah. I don't Iike the show.
Now I hope it's gonna be me.
(men laughing)
Whoo!
- Young Iady! Have you been drinking? - Who, me? Oh, no, officer!
That's it. I'm taking you in.
Hey, Iisten. Hey, I gotta go cos I've gotta work tomorrow.
- I'm a workin' thing. I gotta go. - OK. What do they pay you?
I'm too drunk, man. I gotta go home.
Mr Funny Man, I gotta go.
(sniggering)
Come on!
Yo, Dan!
(Sarah) Hey!
Ah, yeah!
- Wait a minute, will you? - (men whooping and laughing)
(man) Come on, man!
Hey... Hey!
(men shout out with excitement)
- Go, Danny! Fourth-and-one. Stick 'em! - Right!
- (Sarah screaming) - AII right!
- (Sarah) No! - (men) Yeah! Yeah!
(excited goading)
Man, he's gonna fuck her right there! He's gonna fuck her right there!
AII right! AII right, Danny! Good man!
Grab her hands, Kurt!
- Go on! - AII right, Danny!
(Sarah screams)
Come on, Dan! Go for it, Dan!
Come on, big guy! Smell that new blood, baby!
(men goading and whooping)
(muffled screams)
That's it, Danny! Make her come! Come on! She's Iovin' it!
Hey! College boy! You're next!
You're next! Come on, Dan.
Fuckin' pump! Yeah!
That's it, man! Go! Go!
(muffled screams)
- AII right! - (wild cheering)
(whooping and whistling)
(Cliff) Frat boy! Frat boy! Frat boy!
(whooping and goading continues)
Get the frat boy in there. Go on, get in there. Come on, move!
- Go get her, frat boy! - Your turn.
No!
(brutish yelling and whooping)
No!
(whistling)
(Sarah shrieking) No!
Pump that college ass of yours, boy!
That's it! Pump that fuckin' college ass!
- Hey, come on! Go! Go! - Stick it to her!
(yelling and goading)
Hold her down!
Hey, is she ready to come? I can't see.
(shrieking and sobbing)
Hold her down! Hold her down!
Make her fuckin' moan, man!
- Hold her down! Hold her down! - Make her moan!
Hey, Kurt! Watch the young kid! You might Iearn somethin'!
Hey, shut the fuck up, asshole!
- Whoa, man! Listen to needle dick! - Hey, Kurt, come on.
- Kurt, are you a faggot? - You Iet him taIk to you Iike that?
You pull down your pants, we'll see silk panties?
Shut the fuck up!
(chanting) Kurt! Kurt! Kurt! Kurt!
Yeah, you got the champion!
- Whoa, here comes Kurt! - Come on! Go! Fuckin' get her!
Come on, Kurt! Gotta see his panties!
(chanting) Kurt! Kurt! Kurt! Kurt!
Come on, Kurt! Go ahead!
(chanting continues)
(muffled shrieking)
(chanting continues)
(laughter)
(spits)
(cheering and whistling)
(cheering and whooping)
Come on! You're next, huh?
(men continue to whoop and cheer)
(chanting) Kurt! Kurt!
One, two, three, four, poke that pussy till it's sore!
(men chant) One, two, three, four, poke that pussy till it's sore!
(chanting continues)
Aarghh!
No!
(screams)
Hey, enough...
Mr Joyce, do you believe that Sarah Tobias instigated that rape?
No, I don't.
Thank you.
So?
So Ken helped. Larry - I don't know.
Jesse hurt.
What about Sally?
Bad, huh?
Shit.
You wanna go for a drink?
No. I have to put together my summation.
What are our chances?
Fifty-fifty, at best.
Good night.
Your Honour, my colleagues have agreed to a single summation.
No objection, Your Honour.
Ladies and gentlemen, the state has charged these three men with a crime.
The state has supported that charge with the testimony of two witnesses.
Sarah Tobias, who told you how three men raped her,
and how she heard other men shouting encouragement to her attackers.
Did she name these other men?
No.
Did she describe these other men?
No.
Could she tell you what these other men shouted?
No.
Her sworn testimony - her poignant, heart-rending sworn testimony -
was an appeaI to your pity.
And if her story is true, you should pity her.
But even if her story is true and you do pity her,
that has nothing to do with this case,
because those three men did not rape her.
Her sworn testimony is nothing, and you must treat it as nothing.
Now, if you wish,
you can also treat as nothing the testimony of her lover, Larry,
who told you what kind of woman she is.
And you can treat as nothing the testimony of the bartender, Jesse,
who told you that she was so drunk, she could barely stand.
And you can treat as nothing the testimony of her friend, Sally,
who told you Miss Tobias's intentions when she first saw our clients.
Our case does not depend on those witnesses,
just as The People's case does not depend on Sarah Tobias.
The People's case depends on Kenneth Joyce.
If you beIieve him, you'II convict those three men.
And if you don't, you'II acquit them.
Do you believe him?
Why did Kenneth Joyce testify?
Every day for months, he said to himself "I'm guilty."
"I'm guilty."
Finally he was offered a way to purge that guilt, and he took it.
Kenneth Joyce told you he watched a rape
and everyone else in that room watched a rape.
How did he know that? Did he read their minds?
To solicit a crime, you must first know that it is a crime.
Well, who knew it?
Kenneth Joyce.
Do you think it matters to Kenneth Joyce who shouted?
In his mind, every person in that room was guiIty. He toId you that.
And Kenneth Joyce - who is guilty, who did watch a rape and do nothing -
will purge himself by bringing down anyone who was in that room.
And, of course, at no IegaI cost to himseIf,
while those three men face prison.
Do you believe him?
Well, if you do, convict.
And if you don't,
and I know you don't,
acquit.
Miss Murphy?
Ladies and gentlemen,
Mr Paulsen has told you the testimony of Sarah Tobias is nothing.
Sarah Tobias was raped, but that is nothing.
She was cut and bruised and terrorised,
but that is nothing.
AII of it happened in front of a howIing crowd,
and that is nothing.
Well, it may be nothing to Mr Paulsen, but it is not nothing to Sarah Tobias.
And I don't beIieve it's nothing to you.
Next Mr Paulsen tried to convince you
that Kenneth Joyce was the only person there
who knew that Sarah Tobias was being raped.
The only one.
Now, you watched Kenneth Joyce. How did he strike you?
Did he seem especially sensitive?
Especially observant?
Did he seem so remarkable that you immediately thought
"Of course. This man would notice things other people wouldn't."
Do you believe that Kenneth Joyce saw something those three men didn't see?
In aII the time that Sarah Tobias was heId down on that pinbaII machine,
the others didn't know?
Kenneth Joyce confessed to you
that he watched a rape and did nothing.
He told you that everyone in that bar behaved badly.
And he's right.
But no matter how immoraI it may be,
it is not the crime of criminaI soIicitation to waIk away from a rape.
It is not the crime of criminaI soIicitation to siIentIy watch a rape.
But it is the crime of criminaI soIicitation
to induce, or entreat, or encourage or persuade another person
to commit a rape.
"Hold her down", "Stick it to her", "Make her moan".
These three men did worse than nothing.
They cheered, and they clapped,
and they rooted the others on.
They made sure that Sarah Tobias was raped,
and raped, and raped.
Now... you tell me.
Is that nothing?
- What time is it? - You just asked me that.
They want Ken Joyce's testimony read to them again.
I don't get it. That's the third time for him.
- How come they never ask for mine? - Because they believed you.
Look, I did your chart. You're reaIIy gonna Iike this. This is great.
The tenth house. Look at this. Saturn in the tenth house is career and ambition.
Mercury ruling the tenth, public work.
And you had Sun and Pluto in the tenth. That's law and higher understanding.
Uh-huh?
I mean, I'm teIIin' you, the tenth house is reaIIy exceIIent. It reaIIy is exceIIent.
You could be president or something.
What about you? What's your future?
Oh.
I forgot it at home.
Don't you remember it?
Uh... yeah. It's just...
It's seventh house, mostIy. It's Iike... feeIings, faith, intuition, mystery.
Really useful shit.
Do I have any of that?
Yeah. Yeah, you do.
You got a IittIe bit right there. Right? See that?
Hm.
Keep it.
I was gonna sign it, but I figured you're not reaIIy into that kind of stuff,
so I figured...
Will you sign it, please?
Thank you.
Likewise.
Still no verdict in the precedent-setting Tobias trial. As the jury continues...
On the second day of deliberations, the jury shows no signs of a quick verdict...
The jury has been out for two days. While both sides express confidence,
one thing is certain: this will be an historic decision.
They're coming in.
(whispering)
Ladies and gentlemen, have you reached a verdict?
We have, Your Honour.
Will the defendants please rise and face the jury.
We find the defendant Matthew Haines
guilty of criminal solicitation.
We find the defendant Stuart Holloway guilty of criminal solicitation.
We find the defendant Clifford Albrect guilty of criminal solicitation.
(judge) Sentence will be imposed two weeks from today at ten.
This court is adjourned.
Miss Murphy, what was the deciding factor?
Well, there were many.
- I'm very pIeased that it's over. - What are your pIans now?
Well, I'd like to go home and play with my dog.
Subtitles: Doreen Trenerry