The film raises a commentary on a society and a community that makes the rape victim also the "accused" (hence, the title) and ultimately, pigeonholes women into the social roles expected of them.
According to feminist theory, rape functions as a mechanism of social control in patriarchal societies (Brownmiller, 1975; Riger and Gordon, 1981). Feminist theorists argue that rape and the fear of rape enable men to assert their power over women and maintain the existing system of gender stratification (Adamec & Adamec, 1981; Barry, 1979; Brownmiller, 1975; Riger and Gordon, 1981; Russell, 1984; Sanaday, 1981). Clark and Lewis (1977) argue that rape is more likely to occur in societies where women are regarded as the sexual and reproductive possessions of men. In such societies, men sustain their power and privilege and enforce their sexual rights through threats or use of force.
Baron and Strauss further went and described the four theories that underlie the crime of rape, in their paper that presents a theoretical model which integrates the four macrosociological theories of rape. They describe these four theories as follows:
One theory holds that rape is a mechanism of gender inequality. A second theory attributes rape to the proliferation of pornographic materials. A third, called cultural spillover theory, maintains that cultural norms which favor violence for socially legitimate purposes tend to be generalized to other social contexts and increase the likelihood of rape. And a final theory holds that social disorganization reduces social constraints against rape.
When one has a situation wherein the woman was voluntarily intoxicated immediately preceding and during the time of the rape, the complexity of the issue exponentially increases. In an online article dated December 6, 2006 and entitled "Juries blame women for drunk rape", (Internet, 2006) it was reported that an experiment was conducted with funding from the Economic and Social Research Council, and such experiment revealed that "jurors are still blaming women if they willingly get paralytic, even if their drinks are spiked with extra alcohol."
To analyze this issue further and determine whether or not women receive scant protection from the justice system when they are found to be voluntarily intoxicated at the time of the commission of the rape, this paper will look into two cases with different outcomes. The first one is the landmark case of Ryairi Dougal, heard and decided in this jurisdiction. The second one is a case that happened in the Philippines involving a Filipina girl and a US serviceman, that landed in international news because of the severe diplomatic implications that it generated and the widespread furor it created.
The case of Ryairi Dougal: "Drunken consent is still consent."
This case involved a university security guard and a drama student. The drama student had attended a party at Aberystwyth University where liquor was being served. By her account, she had two glasses of vodka and a glass of wine. She felt ill