Miranda’s Victim

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A real-life rape case from the 1960s spotlights issues that are still extremely relevant.

Donald Sutherland and Abigail Breslin

Back in 2017 the actress Abigail Breslin spoke out about her own experience as a rape victim and made clear the extent to which publicly acknowledging what had happened was so difficult. What she herself went through must surely have influenced her in taking on the lead role in Miranda's Victim, a film which deals with that very subject by way of revisiting a real-life case from the 1960s. That rape occurred in Phoenix, Arizona in 1963 and the fact that the victim did not choose to be silent led to a court case against the man accused, Ernesto Miranda (Sebastian Quinn). However, this was followed by subsequent hearings on appeal leading eventually to the American Supreme Court in 1966. What resulted had an importance that went beyond that particular case and the verdict finally reached. That was because it established what became known in the USA as the Miranda Rights, namely the right of any person in custody and questioned by the police to remain silent and to ask for a lawyer to be present before speaking.

While Miranda's Victim does indeed describe itself as based on a true story, the film does carry the familiar indication that some elements have been dramatised for the screen. Nevertheless, it would seem that this piece is essentially true to the facts and it is able to name the rape victim as Trish Weir. The fact that she had been eighteen at the time meant that her real name was not published and it was only in 2019 that Trish was willing to identify herself. That she held back for so long is a sign in itself of the long-lasting impact experienced by those who become victims in this way.

When watching this film, it becomes very clear that the tale which it tells is a compelling one and for more than one reason. Because it led to the establishment of Miranda Rights, the case has special legal significance but it is also a powerful narrative in its own right. By putting the central focus on Trish herself, the film gives her heroic status while also underlining changes that have come about in social attitudes since then. That Trish's mother did not want her to report the matter to the police brings out strongly the extent to which at that time to be known as a rape victim was to be stigmatised as though the crime was yours as much as that of the rapist. If that attitude has largely changed, it still remains true that bringing a case will lead to the trauma of giving evidence in court in full knowledge that the accused’s lawyer will be eager to question the credibility of your statements and to bring out any character defects that might tell against you.

A further issue raised by this story - and one that remains timeless - lies in the fact that this particular case became drawn out in the courts due to a failure on the part of the Phoenix police to adhere to what the law required when setting up an identity parade and when encouraging their suspect to confess. Consequently, while the audience are keen for Miranda to get his just deserts, this is balanced by our awareness that it would still amount to a failure of the law were this to be achieved by means that were themselves illegal. For those not already familiar with the case, the events that unfold will be suspenseful in themselves and there is quite enough drama here to sustain a film that lasts for something over two hours. Quite apart from the power of the story, Miranda’s Victim gains from having a distinguished cast including Luke Wilson, Ryan Phillippe and Andy Garcia as lawyers involved. Best of all in this respect are two very fine contributions: Breslin herself tackles the demanding central role with notable success and the last part of the film is given extra gravitas by the presence of Donald Sutherland as the judge presiding over the final hearing.

With so much going for it, it is disappointing to have to say that, despite being consistently gripping and thought-provoking, Miranda’s Victim is less effective than it deserved to be. This is down to the writer, J. Craig Styles, and the director, Michelle Donner, who in their own way each fail to realise the full potential of the material. In the case of the writing, what is said sometimes feels too glib because it is allied to characterisations that are inadequately rounded (through no fault of the actors concerned this applies particularly to Trish's mother and to the man, Charles played by Josh Bowman, who becomes Trish's husband). Donner as director presumably approves of the music score but it is one of those which aids the film whenever it shuts up. Furthermore, she often favours brief intercut flashbacks that are more distracting than helpful and, if pop songs can occasionally bring out the sense of period, there are other times when they seem totally out of place in a naturalistic drama (this is especially so in the film’s coda featuring a killing and a serious phone call for which Donner offers not just one song on the soundtrack but two). 

Of course, some viewers may be less disturbed than I was by these misjudgements. In any case I still feel the need to stress that the material is too important for these failings to justify ignoring this film. The story that it tells is set in the past and some might argue that in the #MeToo age the film’s encouragement for rape victims to speak up is a message already out there. But Miranda's Victim makes it clear that the present age is not one in which we can be complacent about progress in this sphere: it concludes by telling us that in America today only five in one thousand sexual assault cases actually end in a criminal conviction.

MANSEL STIMPSON

Cast
: Abigail Breslin, Luke Wilson, Ryan Phillippe, Sebastian Quinn, Mireille Enos, Emily VanCamp, Donald Sutherland, Enrique Murciano, Andy Garcia, Josh Bowman, Taryn Manning, Kyle MacLachlan, Brent Sexton, Nolan Gould, Brian Colin Foley, Josephine Hies.

Dir Michelle Donner, Pro Valerie Debler, Bran Dillinger, Alexandra Guarnieri, George Kolber and Michelle Donner, Screenplay J. Craig Styles, from a  story by George Kolber, Richard Lasser and J. Craig Styles, Ph Pierluigi Gigi Malvasi, Pro Des Rick Butler and Lily Guerin, Ed Teferi Seifu, Music Holly Amber Church, Costumes Jennifer Leigh-Scott.

Navesink River Productions/All In Films/Kolber Productions-Signature Entertainment.
127 mins. USA. 2023. US Rel: 29 September 2023. UK Rel: 29 December 2023. Available on digital platforms. Cert. 15.

 
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