Would the Report have made any difference? (Spoilers)
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Archived from the IMDb Discussion Forums — Cape Fear
jason005-1 — 9 years ago(June 11, 2016 12:48 AM)
It's brought up the female victim is promiscuous. Max is convinced this could have mitigated the disturbing dreadful offense or acquit him.
I don't think that would acquit him of the disturbing dreadful offense.
A guy can show off his biceps in sleeveless shirts that doesn't mean women can feel his arms including the biceps without his consent. If they do it's sexual assault.
In a similar manner a woman being promiscuous doesn't change a guy needs her consent to legally have sex with her, otherwise sex without her consent is rape. -
monalissanne — 9 years ago(June 16, 2016 08:49 PM)
Under federal rule of evidence 412,a victim's other sexual conduct is inadmissible unless it's exculpatory (to paraphrase and make a long story short). For most states it should be the same. I prosecute in Texas where it is. I believe that rule came about in 1978, a year after his conviction in the remake. It should not have made a difference, but juries are unpredictable. Most defense attorneys would have put it out there because they have a duty to zealously represent that sometimes supersedes morality.
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Zombie55 — 9 years ago(June 17, 2016 06:20 PM)
So much for there being an existence of such utterly demented and creepy folks out there like Max Cady if apparently merely touching someone's arms or biceps is considered a serious form of sexual assault.
The greatest trick the Devil has ever pulled was convincing the world he didn't exist! -
dollartheater — 9 years ago(September 08, 2016 08:33 AM)
That's what puzzled me about the plot. Cady is upset that Sam Bowden withheld info about his victim's sexual history, as if that would have made a difference in his conviction or sentencing. He raped a minor - her history wouldn't have affected the outcome.
Trying is the first step towards failure -
rgibson-20 — 9 years ago(September 12, 2016 07:05 PM)
I was in high school and college in the 1970s and, believe me, promiscuity would have been a factor in a lot of jurors' (male and female) minds in a lot of parts of the country. Why? Because, if she were promiscuous, then it might have been consensual, and she was just making the rape allegation up for some reason. Some people still think that way.
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Saltpeter — 9 years ago(September 18, 2016 12:10 PM)
Sadly, it still happens in courtrooms today. Victims are asked by the defense attorney questions like "Did you wear makeup that day?" "Do you always wear such low-cut blouses?" "Why were you walking through a construction site all by yourself?"
Google Robin Camp, a judge who atrociously asked, "Why didn't you just keep your knees together?" -
Geek_XX — 9 years ago(October 24, 2016 12:02 PM)
It's still up to the jury to decide.
Nolte buried the report knowing that a conviction was likely.
He didn't do his job as a lawyer and that's why Cady flipped.
If Nolte did his job as a lawyer and still lost, Cady wouldn't have been so crazy and vengeful over it.