Original subtitles

Absolutely certain?

Not absolutely.

They don't believe us, do they? Sure they do. No.

Good evening, I'm Dana Hersey. Tonight, Elizabeth Montgomery delivers a strong

performance as a woman trying to cope with the after effects of a rape. A

sensitive movie that points out that the pain does not end after the initial

crime. A case of rape begins in just a moment.

It's estimated that every 12 minutes, a rape occurs somewhere in this country.

Fewer than one -fourth of all rapes are reported to the police.

There's no typical victim of rape. She may be any age, any race, any

single, married, divorced.

The incidence of rape is rising faster than any other crime of violence.

This woman is about to become a statistic.

She's going to be raped.

Did so ask him, Daddy, didn't you win the Grand Prix at Monte Carlo?

In a 1955 Chevy, lowered, baby blue, pinstriped with my initials on the door.

She believes you, you know.

Because it's absolutely true.

I also won the decathlon in the 66 Olympics.

There was no 66 Olympics.

We've cut down the competition somewhat.

Any more chicken?

Raven?

Ken, go play on the slide.

David, go jump in the lake.

Damn, tomorrow morning.

No more hours. Nobody says we have to sleep.

How long is time?

Two days, maybe three.

We've been through this.

I am the salesman a thousand doctors in San Diego await.

I am about to bring them nostrums to cure the ill, rejuvenate the aged, and

restore the economy.

Without me, Marcus Welby is forced into retirement. Now, do you want that on

your conscience?

Heaven forbid.

Can we go on one more ride?

Why not?

Your stomach can stand it?

If it can stand the chicken, it can stand anything.

Come on, Kim.

Why do you pack the night before?

Everything gets so wrinkled. I don't care if my shorts get wrinkled. Your

get wrinkled, too.

Not the collars and the cuffs, and that's all it shows.

Then why do I have to iron the whole shirt?

Do you?

I never knew you did from the looks of them.

Okay. From now on, you do the ironing.

Don't be silly.

That's what holds this marriage together.

Your ironing and my chair.

Both of which is practiced rarely and only when necessary.

Come here.

What do you have in mind?

I can't wait a minute longer.

My blood is boiling.

My passion surging. I am going out of my mind.

Afterwards, we can watch the Johnny Carson show.

Need anything at the market? Oh, yeah.

David took the last tube of toothpaste.

Him and I had to use baking soda.

Oh, is Donna ready?

Uh -huh. Wrapped at 6 .30 this morning.

Okay, one tube of toothpaste.

I got a rush because I want to be back to see the trial on days of our lives.

It's enough food for a month and it'll all be gone by tomorrow.

You're lucky you only have one kid.

Thanks. How about school tonight? You want me to give you less?

No, no chance.

You've driven the last three weeks. It's my turn.

Why don't you sign up for the exercise class? It's not too late. I've got time.

You don't have the need. How do you stay so skinny?

Don't eat.

You'll notice in tracing out the design grooves, particularly triangular

textures like this, you must consider the negative space.

Now if... I'll finish it after the coffee break.

Hi. Look what I found.

Larry, this is Ellen.

Hi. Hi.

Hope Black is okay.

Oh, great.

Thanks. Larry's been enrolled for a course in TV repair.

I always wanted to be in children's. I figure if I'm nice to him, maybe he'll

come by and take care of my ghosts. I have the worst perception.

Mrs. Brackett, March Brackett, please come to the office.

It's probably Mike checking up on me. Poor man's insanely jealous.

What are you taking?

Textile design.

I don't think woodblock is my thing.

And that professor doesn't inspire me either.

Most of them teach night school for the extra money after they taught regular

school all day.

You teach her?

No, I just have some friends who are.

You? Housewife, homemaker, whatever the current youth of us is.

I'm a salesman.

Says my husband.

I'm in the swimming pool.

You know, I'm the guy that comes out to tell you how cheap it's going to be and

how fast we can put it in.

In other words, a liar.

Any chance you might be interested?

Sorry, we live in an apartment.

Mr. Fisher, office, please.

Well, I was right, Mike.

Mr. Organizer.

I asked him three times if he needed the car tonight. Three times. Need the car

tonight? No, he said. Because Ellen can drive if you need the car. No.

He said, sure, absolutely.

He says he needs the car. He's going to come and pick it up.

We have to take the bus home.

I don't mind. Hey, I'll be glad to give you guys a lift.

Really? Could you then? You sure it's not too much trouble. Oh, that's great.

You're here after class, huh? Sure.

I really feel silly about this. My husband's out of town and I could have

tonight. Hey, it's okay.

It's no trouble.

You can stop right here. We're just across the street.

Thanks a lot.

Sure.

Good night.

Good night.

You live here too?

Uh -huh.

You want me to walk you to the door or anything? Oh, that's very sweet, but no

thanks. All right. I'll just watch. Make sure you get in okay. Okay. Thanks a

lot. Good night.

Yes, you went right to sleep right after you left. Oh, that's great, Jenny.

Here, I think that's right, okay?

Thanks. Good night.

Good night.

Ginny?

Did you forget something?

No, it's me, Larry.

Oh.

What is it? I got about a block away from here and my car just stopped dead.

So I was wondering if I could come in and use the phone, you know, call an

club, a gas station, something.

Well, yeah, sure.

Phone's right over there.

Thanks.

I really appreciate this.

I live miles from here.

Oh, excuse me.

Who's in the other room? Oh, my little girl. She's asleep.

Did you get the auto?

What's the matter?

Hey, come on. Don't do that. Come on. Just relax. No.

No.

Come on. You're going to... No!

Let me... Let me...

I'd like to report a... One minute, ma 'am.

Hey, Charlie, can you bring one back with cream and three sugars?

Thanks.

Now, ma 'am, what was it?

I'd like to...

Mr. David Harrod, please.

How do you spell that?

H -A -R -R -O -D. One moment, please.

Mr. Harrod isn't registered.

He isn't?

Well, he always stays there.

Sorry, ma 'am. He's not registered.

Oh, I see.

Thank you.

Time to get up.

Not yet.

You don't want to miss the bus.

Daddy can drive me.

Daddy's not here, remember?

But he came home last night, didn't he?

You must have had a dream.

I heard someone.

There was no one here. You had a dream. Now hurry up and get dressed.

Can I come in?

Oh, yeah.

Sorry.

What's wrong?

Tim isn't sick, is she? Mark has a colleague who's three days in school.

The candy bicycle was stolen. I'll put on some coffee.

Well, I don't know. We bet the court for 10 .30. If you don't want to play,

maybe Barbara would. No!

Stay a minute, please.

Excuse me.

I called you last night. Where were you?

Well, you know, the room clerk told me about that. I wish you'd called.

I'll get the call.

Okay. I'll see you tonight.

Why not?

Oh, can't you postpone it, please?

Not on the phone.

Well, we'll talk when I see you. Oh, okay.

I'd do you too.

If you could... Hey, where's your instant?

What's the matter?

Didn't David have a fight?

He was in San Diego, remember?

I'm not sure I could fly across continents.

No.

It was, uh...

Ellen, what's the matter?

He's got a girlfriend.

No.

You really are edgy today. Hey, do you want a Miltown?

Yes, yes, I guess so.

Come on, why don't you play?

A few steps will make you forget all about it. What if?

I can't.

I have some things I have to do.

Who do you want to see?

A doctor.

Why?

Well, I just have to see a doctor.

Okay.

Room two, the last door on the left.

Fill out this card, take it in with you.

Thank you.

Okay.

Sit, sit, sit.

Mrs.

Smith.

What seems to be the trouble?

I need an examination.

What kind of examination?

An examination for venereal disease.

Well, that's simple enough.

It's a blood test.

We run it through the lab, get the results back in a couple of days, and

let you sleep.

When did you have intercourse?

Do you have reason to believe the man has venereal disease?

I don't know.

You're just checking?

Yes. Good girl.

Make a fist.

We'll put it through the lab.

And we'll send you a report.

No.

Okay?

You call me. I'll have the result.

Is there anything else?

You want the pill?

Yes.

There isn't any infection or anything.

I told you we won't know for a couple of days.

Well, what I meant was, what about intercourse now?

Oh, you mean could you infect your husband tonight?

I think you should wait until the reports are in. I see.

How long did you say the test would take?

Two or three days.

Look, why don't you just ask the guy if he's had a blood test?

I can't.

There's a can outside for donations.

Drop a 20 in it.

That's what you'd pay a doctor who'd ask your real name.

Two days. How come I get such a greeting?

Mom didn't want to leave me home alone. She doesn't trust me. Oh, of course I

trust you, sweetheart.

How was the trip?

Well, the meeting with Williams, you know, the sales manager wasn't just one

those raise your quota, win a trip to Honolulu meetings.

He's moving up. He's going to have 11 western states, and they need a

replacement for the division.

Now, we've always gotten along, and he has a talent for recognizing genius, and

it looks good.

Hey, now what was it you wanted to talk to me about so urgently?

We can talk later.

Listen, I'm sorry about not calling you about the change in hotels, but I was

really ticked off.

I mean, I must have stayed at that place at least a dozen times.

Clerks know me by name and everything.

So this turns out to be the one time that some convention moved in there, and

there is literally not a room left in the hotel.

How did the rest of the trip go?

Oh, sensational.

I had a meeting with Brown of CIBA.

Even had a tour of the plant and meet some of the plant executives.

I feel like celebrating.

Want a drink?

No. Yes.

Salary is $25 ,000.

plus a Christmas ball.

But the main thing is, there's no ice.

But the main thing is, there's a real future.

You know, we can have Kim's brother, buy a house, take some vacations. Dave?

Oh, I know, I know.

You think that I've been too conservative, that we've waited too long

things, but I don't want to be like everybody else, a day late and a dollar

behind. I want some security before we venture, and now we are going to have

Hey, you know where the sales convention was last year?

Miami. And this year it's going to be in... David.

What's wrong?

Something happened.

Kim told us. Hey, we're having a barbecue down on the patio. Stan and

there. There's plenty for you. Beer, bourbon, scotch.

I have dinner planned.

Oh, that's all right. I haven't started it yet.

Hey, this is a happy day.

You should celebrate it with your friends and neighbors.

Hey, come on. Get into something comfortable and come on down. You come

It's all right, isn't it? Having dinner with them?

I mean, you aren't leaving me or anything.

You haven't found somebody else since I've been gone.

I throw you in the gold medal. Very good.

Well, I worked on it all weekend.

That's all he worked on.

What's our big thrill for next weekend? Maybe a triple somersault?

The high point of our honeymoon was when he learned to jackknife.

I always wish I could do one.

Practice, babe. That's all it takes.

He's been telling me that for years. Okay, okay. So in your case, I was

You sure were, stud.

She is beautiful in her wrath.

want another drink?

No, three is more than I can have. Come on, come on. We're all celebrating.

Hey, what's with them?

They're getting a divorce.

That's part of the celebration.

That's one of the reasons we wanted you down here. See, we had this date with

them and they're separating and everything and we wanted a buffer.

Why the divorce?

Well, he was fooling around.

She was fooling around. Well, it all depends on which one you listen to.

I believe him.

Why?

Oh, you know.

The way she moves.

The way she looks. You know, she... You know.

No, I don't.

What are you sticking up for her for? She's no great friend.

I'm not sticking up for her.

I just don't understand why somebody looks a certain way or walks a certain

Hey, relax.

I'm sorry, okay?

I mean, she's really a 25 -year -old virgin with silicone injections.

What the hell are you so mad about?

You all right?

Mm -hmm.

Hey, what's with the nightgown? It's just going to be a waste of time.

It just felt like it.

I drank too much. Go to sleep.

Not yet.

G -bye.

No, baby.

Honey lamb.

Go on, be nice.

Go to sleep.

I've been awake two whole nights. What do you think of some sea?

Not tonight.

How come?

I have a headache.

Kim might come in wrong time of the month. Take your pick.

Why did I drink so much?

What do you want to talk to me about?

Nothing.

You seemed awfully serious about nothing.

It seemed important at the time.

Come on, let's go. Bye -bye.

May I speak to Dr. Goldstone, please?

Uh, this is Mrs. Smith.

I came in to see you the other day about the Wasserman.

It was.

Oh, good.

Thank you.

I don't know why this special treatment, but this is perfect.

Hey, hey, hey, it's past your bedtime.

Come on.

Here we go.

I have it memorized.

Okay.

In the far off high old time, there was this elephant.

And this elephant was very sad because he didn't have a trunk.

Polly Ann with a nose, a big, blackish, fuzzy nose, as big as a boot.

I'm going to love it.

You've been waiting for me, Kevin.

I'm going to give you more of this.

It was about 9 .30.

I was going to go shopping and then meet my husband for lunch.

Have you contacted him?

We called his office. They said he was out. They're trying to get in touch with

him.

Can I wash?

I'm sorry. Could you estimate the duration of the attack?

I don't know.

Can I please wash?

That would be the worst thing you could do. Wash away the evidence.

The evidence?

The sperm, ma 'am.

Where's the rape?

The rape. Where's the rape?

Here, ma 'am. Oh, here.

That's all right. I can walk. No, rapes can't walk.

Sit down, please. Dr. Benson.

What's that? Dr. Benson.

This way.

Ma 'am, I want to ask you again about that witness.

I told the other officer I didn't get a good look at it.

Yes, ma 'am. But if you think about it for a second, well, in cases like this,

it's very important that you have a witness.

He was just a man.

I only saw him for a second.

Is there a murder in case?

Oh, this is the right, I guess.

Doctor?

It's down here. Would you recognize him if you saw him again?

The witness?

I don't know. Maybe.

You've done the blood type and count?

Come here, then. Good morning. My name is Dr. Marsh. Lie down, please.

Put your feet in stirrups.

That's good.

Now, scoot down here, please.

Does he have to be here?

I'm afraid so. Just relax.

Do a little smear.

Just relax now.

Hold still. I'm not going to hurt you.

Good.

You want to officially witness this sperm slide?

It's all right.

I guess you don't want me to do any cleanup.

Not yet.

Anybody examine her clothes?

No, we'll do that when they're taking the pictures.

Get your fingers off the numbers.

That's it.

Put it down on the chair.

All right, let's see your bruises.

Okay, hold that there.

All right, the other one.

Hold it out. Let me see them.

Okay, that's good.

All right, drop your gown.

Look, lady, this isn't for a centerfold. Drop your gown.

Come on.

Nice. Let me see that. Come on.

Now, get your hand away from that.

Okay. Hold it there.

Let's see your leg.

Oh, that's a good one.

Hold it.

The other one. All right. Hold it out a little more. Hold it out. Hold it out.

That's the girl.

Okay.

Turn around. Let's do your back. Turn around.

All right. All the way. All the way.

Come on, turn around.

A little more.

Move aside there.

Okay, hold it now. Hold it.

Okay, you can put your clothes back on now.

This way, please.

Mrs.

Herron?

I'm Detective Riley.

This is Detective Parker.

Do you have a seat, please?

Tell us everything that happened.

Well, I came out of the apartment. I was going shopping. I went into the

garage and got into the car.

This man, Larry, was hiding in the back seat.

I tried to get away, but I fell on the garage floor, and he raped me.

There was a man.

He came into the garage and he saw us. I tried to yell for help, but he put his

hand over my mouth.

Uh -huh.

Well?

What about the first time?

According to Officer Kimball's report here, you claim the same man raped you

one previous occasion, then last Monday night, approximately 11 .05 p .m. Yes.

Why didn't you report that attack, Mrs. Harrington?

I don't know.

I started to several times, but... I don't know.

I don't know.

Well?

Well, what?

Don't you want a description?

Sure.

He... Yeah.

He was a... He doesn't have a description, I don't know.

He was about 5 '10 or 5 '11 and weighed about 170 pounds. He had brown

hair, well, sort of blondish. He said his name was Larry.

Know where he lives?

No. Why would I know where he lives?

Any scars or marks?

I don't know. I don't think so.

You were pretty close to him, weren't you?

He drove you home.

Yes. Is that correct?

Mm -hmm.

And then after your babysitter left, he returned to your apartment, said he

wanted to use the phone, and then proceeded to attack you using a butcher

from your own kitchen. Is that essentially correct?

Yes.

Then he returned four days later and raped you in the garage of your own

apartment building. Is that correct?

Yes.

Are you sure it was the same guy who raped you before?

Of course I'm sure.

Well, it was kind of dark in that garage. You said he grabbed you in a car

then bang, bang, one minute he was through.

It was the same man.

Well, you know, in cases like this, we have to be very, very sure.

You wear a bra, Ellen.

Do you wear a brassiere?

Sometimes I do, sometimes I don't. Did you wear one this morning?

Yes.

How does this guy know your husband wasn't going to be around this morning?

I don't know.

Your husband usually takes your car, right?

Mm -hmm.

But this morning, you had it.

Somehow, this guy coincidentally found his way into your car and waited for

What are you trying to say?

You let him into your apartment the first time. He didn't break in.

I let him in to use the phone. He told me that his car... I just feel what

you're saying, gentlemen.

What do you mean?

I mean, wasn't it kind of thrilling? Didn't you kind of like him? No.

Well, it was different than with your husband, wasn't it? I mean, some women

really go for that kind of thing.

Tell us about it, Ellen. What did he do?

He raped me. Yeah, I know you told us that, but how?

Did he take off all your clothes?

No. Did he kiss you? No.

How'd you feel about it? I don't know what you mean.

I mean, some women enjoy the idea of rape, of force.

Some of them even like to be hit.

Did you enjoy it there on the floor?

You know, a woman can run a lot faster with her skirts up than a man can with

his pants down.

Mrs. Harrington, please.

Look, you've got to understand our problem.

Any woman can come in here and yell rape.

Maybe they changed their mind. Maybe they got roughed up a little bit.

Maybe they're mad at their boyfriend, their boss.

Or maybe they just want a little excitement.

So we spend hours, days, we spend the taxpayers' money. We interrogate and

expose innocent citizens to investigation and false arrest and the

of imprisonment. All on the word of a hysterical female.

Please sit down.

So we have to be sure.

Every time a woman yells rape, it doesn't mean that it was rape.

We see it happen all the time.

You know, a husband goes out of town a lot.

Maybe the wife gets lonely.

But at the night school, she stops at a bar, picks up a guy, takes him home.

They play around.

Maybe the next day she gets to thinking about hubby and the kids and yells rape.

That's not how it was.

Okay.

Just so you understand, getting hit with a rape charge, it's a terrible thing to

do to a man.

That's why we have to be sure.

Now, Mrs. Herrick.

In light of everything we just said, do you still claim that this Larry somebody

raped you on two separate occasions?

Yes, I do.

Okay.

We'll start looking for him.

You done?

The cops had my appointment schedule wrong.

They just got in touch ten minutes ago.

Larry!

I thought you were outside with Kim.

We were.

Kim?

Judy came over and started asking questions.

What did she mean about that me on the robber? She said he did something bad to

you.

Well, darling, it's kind of hard to explain, but... Not me.

Kim, why don't you go back out, and I'll be out in a minute, and you and I can

go look for the ice cream yet.

Okay?

I don't think it's going to explain it to her. I'll do it right.

I got

a phone call from the office.

Mr. Lamb.

You didn't tell him where I was?

He said you were out.

Briggs account. I was supposed to turn in a report today.

Why didn't you?

I don't feel like leaving the home alone.

Oh, I'm all right, David. Really, I am.

Here you go.

Hey.

How about I buy you a new dress?

You get your hair done, and we ask Marge and Mike to sit with Kim, and you and I

go out and gorge ourselves on a exotic... food and drink.

Oh, terrific.

I would like a steak, charred on the outside, raw on the inside, cold mashed

potatoes, dried peas, cold coffee, and warm beer.

I don't think we could serve you that meal here, monsieur.

Why not? You did last time.

Listen.

If I'm going to become an affluent snob soon... If you get the job. Oh, I'll get

it all right.

I always get everything I want.

A bicycle.

A scholarship.

And you.

Now you're stuck.

Stuck? Nice.

I programmed our lives to be happy.

Affluent, secure.

And nothing's going to happen to change that program.

Right?

heard about this fantastic activity boys and girls do.

People love each other, Al.

I don't know what's wrong.

It's all right.

It's never happened before.

It's all right. Yeah, it's all right if you're 80.

We've both been under a lot of pressure lately.

Why didn't you tell me about it the first time?

Oh, my God, David.

Why?

Because I... I guess I didn't think you'd understand.

What can I understand about rape?

Rape's a man in black socks and a stag reel.

Okay, I can't understand.

But I can forget.

Can you?

I love you.

And I don't want to hurt you. And I'm walking on tiptoes.

You've got to get past it.

You've got to get beyond it.

Are you talking to me or to you?

Both.

It was done to both of us.

Yes, I'm here to see Detective Riley.

Mrs. Harrod?

Just upstairs, second door on the left.

So you found

him? Well, we didn't exactly find him. One of the booking clerks saw the sketch

and remembered her face.

He'd been brought in three times before on rape and assault.

Complainants never pressed charges.

Three times and no one ever... I'll

take your time. Make a wrong and we

can't hold it.

Light.

Face front.

Do you recognize him? That one, the second from the left.

She's crazy, man. Shut up.

You, step forward. The rest of you, go.

You're officially identifying this man as the one who raped you in your home

night of May 3rd at approximately 11 .05 p .m. and in the garage of your

apartment house on May 7th at approximately 9 .30 a .m. Yes, I am.

Chip, what are you trying to do to me?

You've never been around me. You've never seen me.

And she's crazy.

I've never been anywhere near her.

Please.

Please don't do this to me.

Should I sign something?

Mrs. Harris, you'd better think about it.

I've testified personally in a dozen of these cases.

Do you think we were rough?

Even if you win, you lose.

Well, I could hang up the calendar for a month on something.

Mr. Alexander, this is Mrs.

Herring. Nice to meet you. Sorry to be late.

The hearing ran long, they always do.

You'll have to bear with me with the caseload running the way it is. I

had a chance to study your case. Well,

we seem to have all three elements.

We've got a couple of good bruises here, but nothing really solid, like a couple

of knife wounds.

Sorry. And we have a positive sperm test, which isn't conclusive, but ain't

No hair follicles in the tract. Any skin traces under the nails? No.

Did you scratch him?

Yes, I tried to. I don't know.

Nothing here.

Well, the semen slide will probably be enough.

What about the witness, Ostley? We got a positive ID out of him, but... What

happened on that fellow in the auto?

We had a bargain out for aggravated misdemeanor.

Win some, lose some.

Bunch. No, can't.

Now, actually, the officers have laid out a pretty tight case.

Any other time, the medical staff and the eyewitness would make it open and

shut. But this isn't any other time.

I don't understand.

Well, you were raped twice by the same guy, which happens more than most people

think. Try to convince a jury of that. Here we are.

Which makes it even harder for us.

Case in point.

Most rapists, hell, practically all of them, Look just like anybody else.

But most juries want and expect a rapist to come with fangs and snarls and

acting like a crazed pervert.

Now, you take our boy here. Now, you're going to go on the stand and tell the

jury how he viciously and brutally raped you. But to that jury, he may not seem

vicious and brutal.

To them, he'll probably look like anybody down the block.

And you can be damn sure his lawyer's going to fix him up to look that way.

you're going to look like a woman who admits to having sex with him.

You say rape.

He says seduction.

It bothers you to have strangers hear about your sexual encounters.

Well, I don't blame you.

Well, in trial, it's all going to be spelled out in open court.

And maybe in the newspapers.

The defense can and probably will dig into sex episodes in your life. And to

jurors, only a virgin can be raped.

For instance, how about the affair you're having now?

What affair?

Oh, come on, Ellen. This is 1974.

A young woman like you, your husband's away a lot of the time. You don't expect

me to believe you're not playing around.

I'm not.

Well, yeah, I know.

He checked.

That's just a small sample of what you can expect from the defense.

I already have a good idea of what it's like. You think you do.

You're wrong.

What about his sex life?

You said he'd been arrested three times on rape charges.

Arrested, but not convicted.

Well, that'll make some difference to the jury.

It might, if they know about it.

Why won't they know about it? Surely you're going to tell them. If I even

at his record, we get hit with a mistrial or a directed acquittal. Those

rules of evidence in a rape case.

You're open game.

He's legally protected.

That's ridiculous.

Mrs. Harrod, some of these laws were over 100 years old. I'm the first to

that they don't make much sense anymore.

But nobody's going to change them just for this trial.

I can't accept that. I'm afraid you're going to have to, if you want to go

through with it.

And if I don't, he just walks out onto the street?

I'm afraid so. See, he's admitted to having relations with you. We didn't

relations. He raped me twice.

What do you want me to do, drop the charges?

No, Mrs. Herrod. I don't want you to drop the charges.

I want to put him away.

But just in case you didn't get the message yet, rape is the toughest felony

conviction going.

Now, we've got a pretty good case, a good chance.

If you're up to what they're going to put you through.

Think about it.

I don't know. It's... I can't make up your mind for you. It's your decision.

Well, you must have some preference.

Would you rather I give up or would you rather I go on? Just don't know.

My first feeling was to get that guy and break his head.

But... But now that's gone.

I just don't know what good any of it will do. Well, hopefully get him off the

street. Isn't that enough?

You just said it.

Hopefully.

Nobody's giving any guarantees.

No.

No, they're not.

Well, it's your decision.

If it were me...

You said it yourself.

It happened to both of us.

Hello.

Yes, he is.

Hello.

Oh, Norm.

Yeah, nice to talk to you.

Yeah, as a matter of fact, I just spoke to him about it today.

Well, it's not that simple.

See, and we generally give a discount of 10, 30 and 10 on what we term bulk

orders, but that's usually change.

No, something like this we have to confirm with district.

You want an honest guess?

I think we only had to ship in thousands for one shop.

No! No!

The state of California in and for the county of Los Angeles, Honorable Lionel

Townsend presiding is now in session.

Bring in the jury.

A charge such as the one made against the defendant in this case is, generally

speaking, easily made and once made.

Difficult to disprove.

Because of the nature of a case such as this, the complaining witness and the

defendant are usually the key witnesses.

Sometimes the only witnesses.

Therefore, when all the evidence has been presented, the judge will instruct

to examine the prosecuting evidence with caution.

Objection! Your Honor, this is highly improper.

Objection sustained.

This is dire.

I will instruct the jury as to the law and how it applies in this case, and

do so at the proper time.

Yes, Your Honor.

You would say, then, that the presence of active sperm in Mrs. Harrod's vaginal

tract would be positive proof of penetration?

I would.

I show you now, Doctor, photos taken by a police photographer of Mrs. Harrod,

directly following your examination, which show her bruised and battered

condition.

Do these photos correspond with your observation of her condition? They do.

Your Honor, I ask that copies of these pictures be circulated to the jury.

Fair.

Now, Doctor, would it be your medical opinion that the bruises,

contusions, and lacerations which are evident in these pictures of Mrs. Harrod

were the direct result of physical force?

Objection, Your Honor.

The witness cannot know for a certainty how or in what manner they were caused.

The question is certainly within the sphere of the witness's professional

competency overruled.

The witness will answer.

The marks could only have been caused by direct physical force.

Well, so far so good.

It's delayed, huh?

What do you think?

Up till now?

Like an instant replay.

You didn't tell me he had a lady attorney.

I figured you had enough trouble.

You know, the worst of it is he doesn't even have to say anything.

All he has to do is sit beside him.

That'll be enough for the jury.

On top of that, she's good.

And her specialty is rape.

Terrific.

What about the women on the jury?

Probably do us more harm than good.

I don't understand.

They wouldn't allow themselves to get in a position like you're in. It's going

to be your morals against their morals.

And I don't have to tell you who'll come out second in their mind.

There's no one follows me about that jury.

What does?

I don't know.

They're just not what I expected.

They're all so... It's hard to describe.

Try poor.

Or old.

Or not too well educated.

You ever get a summons for jury duty, Mr. Howard?

Yeah. But you didn't serve, did you?

We got some executive to tell the court that your services were vital to the

firm. So you were excused, right?

All right.

Anybody who has a college education and earns over 10 grand a year can get his

company to do the same thing for him.

So we end up with people who are not in a group.

You want a trial by a jury of your peers.

Burn your degree and go on welfare.

Now, Mrs. Harrod.

After the defendant returned to your apartment to use your telephone, you say

that all during the forced act of sex, the defendant continued to hold the

butcher knife in which he had threatened your life.

Yes. And you were certain in your mind that if you didn't submit to him, he'd

kill you?

Yes.

What did you do after the defendant left?

Oh, I can't remember everything.

I took a shower.

And then I threw away the clothes I was wearing.

Did you consider calling the police?

I started to.

Why didn't you?

I was alone except for my daughter.

My husband was out of town.

I was so ashamed.

And when your husband returned, you didn't tell him.

Why?

I couldn't, I guess.

I just wanted to put it out of my mind.

And, of course, you had no reason to believe that your attacker would ever

return. No.

But, in fact, he did return.

And, in fact, on the morning of May 7th at approximately 9 .30, the defendant

did attack you again when you were starting your car.

Objection. Leading the witness.

Sustained.

What happened on May 7th at approximately 9 .30?

Well, just as you said, I was getting ready to start my car, and he...

He grabbed me from the back seat, and I thought, oh, no, not again.

It was like a nightmare.

He started tearing at my clothes. I tried to get away. I got the car door

and he pushed me onto the pavement, and he hit me.

Did you attempt to scream for help?

Yes, but he hit me, and he put his hand over my mouth.

Did you continue to struggle?

Yes, but there was nothing I could do.

No further questions.

This is Harrod.

On the night in question, you accepted a ride from the defendant and

subsequently invited the defendant into your apartment. Is that correct?

No, I didn't invite him in.

You did allow him to enter your apartment.

Yes, but he... I want to be sure the jury heard that. Would you give me your

answer again, Mrs. Harrod? A little louder this time. Did you, without any

threat of force or duress, allow the defendant into your apartment?

Yes. Your Honor, the defense preserves the right to recall Mrs. Harrod as a

hospital witness.

That's all.

Due to the hour, this court will recess until 10 o 'clock tomorrow morning. The

jury is admonished not to talk about this case or any of the evidence either

among yourselves or with anyone else.

I'm sorry if you're embarrassed by me out there.

I'm not.

Yes, you are.

I said I wasn't. What do you want, an affidavit?

I was supposed to go to Santa Barbara this Friday.

Go?

No.

I canceled.

Go ahead. I don't mind.

My old man told me about this time they lynched two guys in St. James Park.

They'd kidnapped this little boy, held him for ransom and killed him.

And when they caught him, then some of the men broke into county jail and

lynched him.

They took off all their clothes and hanged him from this big tree.

A hundred men.

There's a famous case. The tree's still there.

My father never said so, but I think he was in that mob.

I think so.

One night I went over to that school.

He's dressed different, and his hair is different.

But yes, that's him.

You testified that on the morning in question, you were in a hurry.

I was going to have lunch with my sister.

I see her about every Friday. That's my only day off Friday.

So obviously, Mr. Ostley, you must not have been certain that what you saw was

criminal act of rape.

Isn't that true?

Well, I guess so. In other words, you were hurriedly crossing a dark garage.

late for an appointment, probably anxious to get there, and you noticed a

engaged in sexual activity.

Probably pretty embarrassing to come across something like that.

Something you'd kind of turn your head from.

I know. So, for five, maybe ten seconds, you inadvertently saw a man

engaged in a sexual act with a woman.

Now, I want you to look again at the defendant.

Look very carefully. Are you absolutely sure that was the man?

Couldn't it have been someone else who looked like the defendant?

Someone with the same general build and complexion? No. No, that's him.

For that matter, Mr. Osterly, you're a decent, law -abiding citizen.

If at that instance you actually believed what you saw was a rape,

have done something? Wouldn't you have intervened?

Well, I was surprised and, uh, I guess scared. And you could be absolutely

certain that it was a rape, could you? Well, uh... Absolutely certain?

Not absolutely.

That's all.

Great, great.

Mr. Osterly, did you identify a photo of the defendant at police headquarters?

Yes, I did, I guess. There isn't any need to guess, Mr. Osterly. Did you

identify the photo? Yes.

That's all.

Call Officer David Rawlings.

Calling Officer David Rawlings to the stand.

Are you all right?

I threw up.

Are you all right now?

They don't believe us today. Sure they do. No.

Want to go for a walk or something?

No, I'll pick the bag.

I then observed the suspect hanging around the swimming pool at North

Park at approximately 9 .06 a .m.

subsequently detained him while my partner checked for wants and warrants.

After questioning him for approximately six minutes, we let him go and observed

him entering the public library on the park grounds.

You did question him, checked his identity, and verified that his name was

Lawrence Retzliff.

I did.

And is the same Lawrence Retzliff in this room?

Yes, sir, he is.

At that table. Meaning the defendant.

And this occurred on the morning of May 7th at approximately 9 .06?

Yes, sir.

We detained him at exactly 9 .06 and released him at exactly 9 .18.

Your call log will confirm that.

Yes, sir.

Mrs. Harrod's apartment is on the corner of Colfax and Larkin streets.

How far is that from North Hollywood Park?

Approximately four blocks, sir.

Thank you, Officer Rollins.

Does defense intend to cross -examine?

Not at this time, Your Honor, but reserve the right to recall the

But I don't understand.

I've been with the company longer. My quotas have always... No.

Of course not.

At least not now.

I appreciate your telling me.

Working and going to school.

Yes, ma 'am.

Correspondent school.

English lit.

How much money do you make, Larry?

Well, I work on a commission. A good week, maybe 150.

And you live at home?

Yes, ma 'am. My mother and father.

So you do have spending money to take out girls. You do take out girls.

There's one girl in particular.

You go to church, Larry?

As much as I should.

But you do go.

And you do believe in the Bible. And you did take an oath on that Bible.

And so, Larry...

I want you to answer one simple question, remembering that you're under

oath.

Do you admit to having sexual relations with Mrs. Ellen Harrod on May 3rd, the

night you drove her home to her apartment?

Yes, ma 'am.

How did that happen?

We got to her place.

She asked me if I wanted to come in for some coffee.

And so you went in?

Not right away.

She went on ahead while I looked for a place to park. Took me a couple of

minutes. But... You did accept her invitation, knowing that she was

She never said anything about being married or having a husband.

I figured she was maybe divorced or separated.

Why else would she invite me, somebody who's younger and single, into her

apartment? So, she asked you in and you accepted.

Yeah.

It was pretty obvious right away why she asked me in.

And after she shut the door to her daughter's room, she sat down on the

next to me and...

Sort of pressed herself up against me, you know. And then she started talking.

You know, the way a woman does when she wants you to do something.

So I kissed her. Wow, she really came on passionate.

It just happened, you know.

When the police questioned you about the alleged rape of Mrs. Harrod, you denied

any involvement.

Isn't that true?

Yes, ma 'am.

Why did you deny that to the police?

I was scared.

I mean, even when you're completely innocent, how are you going to prove it

some neurotic chick claims you raped her?

Objection. Abstain.

And there were other reasons for denying it. You bet.

Work. Sure didn't want to lose my job.

My parents.

This is costing them a lot of money. They're not rich.

But there's someone else also, is there not?

Yeah.

I didn't want her to find out because we've been talking about getting

Still will if she'll have me. This girl you're engaged to, Larry, is she in the

court? Yes, ma 'am. Front row. With the permission of the bench, I wonder if she

might rise.

Objection. Highly improper.

Sustained, Mrs. Dyer.

Sorry, Your Honor.

You do have a steady, continuing relationship with your fiancée? Yes, ma

And your relationship, your romantic relationship, is fulfilling?

I think I know what you mean.

Yes, it is. It definitely is.

Now, we're all human, all subject to the frailties of the flesh.

One can understand how a man might stray from such a relationship once, but you

strayed twice.

You went back to Mrs. Harrod a second time. Yes, ma 'am.

How do you explain that?

Well, I really felt bad about what happened, especially since I hadn't told

I was engaged or anything.

She seemed kind of, I don't know, desperate.

I mean, most women don't just meet somebody and take them home and, uh...

Anyway, I called her up to sort of let her down easy, and she started saying,

when am I going to see you again?

When can we get together? That kind of stuff.

I mean, it wasn't a sexual thing, me going over to see her.

I really felt sorry for her.

Since I was in the neighborhood, I just thought I'd stop and say hello.

And she was coming out of her apartment building.

Right away, it started.

What do you mean?

It started.

She said, why don't we sit in her car and talk?

So I said, okay.

As soon as we're in her car, bang.

She's all over me like a cheap suit.

Pressing up against me, kissing.

I mean, I never figured myself as any great Romeo, you know.

She was really, uh... Excited?

Excited, yeah.

Then you don't deny that you and she engaged in an act of sexual intercourse

second time?

No, I don't.

Did you then, or at any time, force yourself on Mrs. Harrod? No.

Did you then or at any other time rape Mrs. Harrod? No.

Did you take a knife to Mrs. Harrod? Did you try to strangle Mrs. Harrod? Oh, I

did not.

Did you not instead respond to the advances of a passionate and promiscuous

young woman who demanded that you make love to her not once, but twice?

Yes, ma 'am.

Your witness.

Mr. Alexander, the court has some other pressing business, so...

If you intend any lengthy cross -examination, we would appreciate your

indulgence for a recess until tomorrow morning. I anticipate a fairly lengthy

cross, Your Honor.

In that case, this court will recess until 10 a .m. tomorrow morning.

The jury is again admonished not to speak of this case nor any of the

thereof, either among yourselves or with anyone else.

H -string biddings.

I don't like them.

Eat them anyway.

I don't like them. Kim, please, I don't... Leave her alone.

Hey, Kim, there's a pony ride down in the park. You want to go? Sure.

I don't want her staying out late.

I'll have her home early.

Am I interrupting anything?

Are you kidding?

Mike's working late at the office.

Mike always works late at the office. Sit down, I'll get you some coffee.

You think it's something I should start getting suspicious about?

No, I don't think so.

Where's your broom?

Uh, David took Kim to the park.

I would much feel like going.

Problems?

Oh, that's kind of dumb, isn't it?

There you are sitting in that courtroom every day and asking if you've got

problems. No, it's nothing like that.

You and David fighting?

David and I never fight.

He's trying and I'm trying, and the harder we try, the worse everything

Oh, it's probably just the pressure, the trial and everything.

Once that's over... Maybe.

I hope so.

Look, Mike and I fight all the time.

I don't have to tell you, you live downstairs.

I remember one night, ooh, he had a real singer.

One of those Friday night everybody gets sloshed by the pool parties.

My Mr. Don Juan starts groping someone, Judy or somebody.

So I let him know what I think about that, and he says a couple of things to

and we're off and running.

Go back and forth.

Must have been a couple of hours.

Finally, there we are in bed, still maddened and held at each other.

But he's in the mood and I'm not.

He comes rolling over and I push him away.

But that's because he comes right back. So I go off and hit him and then he hits

me back. And the next thing I know, what do they say in those old novels? He has

his way with me.

You want to know something? It was terrific.

Every day in that courtroom, a lot of people get to hear every detail.

I suggest you go down there if you want to satisfy your curiosity.

Thanks for the coffee.

What were you doing at the adult school?

I stopped by to look around because I had thoughts about enrolling next

semester. Did you enroll?

No, sir.

Did you see a counselor?

No, sir.

Do students usually enroll at the canteen?

I just stopped to get a cup of coffee.

Maybe pick up a girl.

No, sir.

That's the last thing I had in mind.

You offered a ride to Mrs. Harrod and Mrs. Bracken.

The lady said they'd have to take a bus, so I thought I'd be a good guy, you

know? No, I don't know.

You live on the other side of town.

You visit a night school with thoughts of enrolling.

But you don't see a counselor. You don't attend a class.

You hang around the canteen until the class is let out.

And you seek out two women who need a ride home.

I just didn't dig the school.

I thought I'd have some coffee and think about it.

Where was your fiancé that night?

Working. She works nights. Where?

Valley Receiving Hospital. She's a nurse.

Were you going to see her after work that night? Yes, I was.

So, prior to picking up your fiancé, with whom you say you have a satisfying

romantic relationship, you offer a ride to a married woman,

enter her apartment, make love to her, and then go meet your girlfriend after

work. I'm not proud of it.

Have you done this before with other girls?

Objection. With broad question.

You went back to Mrs.

Harrod's to let her down easy, huh?

That's right.

And you saw her coming out of the house and you intercepted her in the garage.

Yes. Where were you when you saw her?

On the street.

And Mrs. Harrod?

Going down the stairs.

Oh, you can see the garage stairs from the street.

I guess not.

I was at the top of the stairs. You know, I can't remember everything

But you recognized her down below.

Yeah. After having seen her once.

You come out of bright sunlight.

And you look down into a dark garage. And you recognize Mrs. Harrod. Out of

the possible tenants in that building, huh?

We weren't exactly strangers, you know.

And she recognizes you.

And she waits for you to come down.

And make love to her.

Yeah. Although her apartment was empty, her husband was away, her daughter was

in school, she waited in her garage where any of her tenants might come

any moment, and which one did indeed, to make love in a car that she's going to

deliver to her husband that afternoon, huh? You know, that's a pretty

story. It happened.

It didn't happen.

Not that way.

You found that car registration and you waited for her because you knew she

wouldn't let you in.

Objection. You knew, in fact, that she'd called the police. So you waited down

there like an animal in the dark, hungering for his prey to come down

stairs. Objection.

Argumentative. Not calling for an answer by the witness.

Sustained. What thoughts went through your mind, Larry?

Correspondence school?

Your fiancé?

Mom and pop?

What things happen in the brain of a rapist while he's lurking in the dark?

And if she hadn't come down the stairs that day, would you have grabbed some

other woman?

Would any female suffice? All ladies? Children?

But draw the question. Witness excused. I can't stand to look at him.

Mr. Alexander!

Sorry, ma 'am.

Suppose it had never happened.

Suppose we'd just gone on day by day thinking we were happy.

We were happy.

We thought we were.

I thought we were.

But it was never tested.

David, if you put your faith in something that's never tested, how

do you know it's there?

I love you.

What does that mean?

I love you.

And I need you.

David, you love me when it's easy.

It's supposed to be more than that.

It has to be.

Recall Mrs. Ellen Harrod to the stand.

Calling Mrs. Ellen Harrod to the stand.

You remember, Mrs. Harrod, you're still under oath. Yes.

Learned counsel has sought to probe my client's mind.

Well, I'm no less curious about mental process.

May I read you something, Mrs. Harrod? Yes.

Such women...

Particularly during periods of extended absence by the husband are prone to

fantasy dreams of virile, forceful male figures who suddenly leap upon or

otherwise overpower them and passionately make love to them.

Objection. Overruled. Reading from a recognized text.

Clinical studies of the female erotic impulse by Wilhelm J. Bruckman, M .D.

Do you have such fantasies, Mrs. Harrod? No.

Or is it more than dreams and fantasies?

There have been several sexual episodes in your life. Isn't that true?

No. You are under oath.

No.

Do you recall a man named Doug Stewart?

Yes.

Louder, please.

Yes.

You had an intimate relationship with him for nearly a year, isn't that right?

That was before I was married. I didn't ask you when it was. I asked you, did

you have a sexual relationship with him?

Objection. Irrelevant.

Highly improper.

No, it's not, Mr. Alexander.

In a case of this type, defense is free to question the prosecuting witness as

to her prior sexual experience. Objection overruled. Did you have a

relationship with him?

Yes.

Didn't you, in fact... Visit him for a weekend after he was in Coast Guard

training? They was just a visit.

Doug got me a room in town. We spent the day together and had dinner together,

but he slept at the base.

And after you stopped going with Doug, you went out with other men?

Yes. How many?

I don't know. Ten?

Twenty? A hundred. So many you don't remember.

How many weekends? Nothing.

Badgering the witness.

Defense must be given every opportunity to explore the moral character of the

complainant. However, I will caution counsel to restrain herself to relevant

facts. Mrs. Harrod, your husband is out of town on business quite often. Yes.

And when he's away, you're lonely.

Yes. You fill the time with art classes and PTA and tennis.

Yes. But it doesn't fill the time, does it? It doesn't.

fill the lack in your life when you're alone, does it?

Objection. A rule.

It doesn't keep you warm in the night, does it?

Objection. Mrs. Harrod, do you remember going to a Christmas party last year

alone?

Yes. You quarreled with your husband and he didn't go to the party and you

decided to enjoy yourself anyway and so you went without him.

Not exactly that way. You did go alone?

Yes. Louder, please.

Yes. And you drank at the party?

Yes. Quite a lot. No, no, two or three drinks maybe. I'm not much of a drinker.

Enough so that you left the party with another man, one William Hendricks.

Yes, you see, he was a neighbor, an ex -neighbor. He used to live across the

hall. David knows him. He was a friend.

He offered to drive me home because I was sick.

But you didn't go home, did you?

Instead, you went with him to his apartment.

No. Mrs. Harrod, I can subpoena Mr. Hendricks if necessary. I ask you again,

you go with Mr. Hendricks to his apartment?

Well, yes.

But that's because I was sick riding in the car. We had to go somewhere.

We only stayed at his place for a few minutes. Nothing happened.

Nothing? No. I was sick. I used his bathroom and he drove me home. That's

swear that's all.

You were sick?

Yes. Didn't you feel like lying down?

I suppose I don't remember. Did you lie down? No. On his couch, maybe for a

minute to rest? Maybe. I don't remember. So, you quarreled with your husband.

You went to the party alone.

You drank heavily, by your own admission so heavily that you can't remember

everything that happened.

You left the party with another man.

You went to his apartment. You lay down on his couch.

And you still claim that nothing further went on between you and him?

That's right.

And how many others, Mrs. Harrod?

How many others did you visit or invite in when your husband was away? How many

friends of your husband? How many ex -neighbors, boys who drive you home from

school? What else? Men in bars?

How many?

How many? I don't have to answer that. It's true that you did accept a ride in

the defendant's car.

That you did invite him in, knowing your husband was away. That you did, in

fact, have sexual relations with him.

Objection. Sustained.

Counsel has been admonished not to badger the witness.

Mrs. Harris, you did have sexual relations with the defendant, did you

Yes, but that... I suggest you enjoyed it and asked him back.

No. I suggest you became increasingly spiteful and annoyed when the defendant

put you off. No. I suggest when you saw him in that garage, you were seized with

uncontrollable passion and vindictiveness that you wanted him, that

him, that you couldn't keep your hands off him. No. I suggest there was no

but only the lust of a promiscuous housewife and a willing young man.

Everything you've said is a lie.

You've twisted everything.

It's not... This is Herod. He will stop this out first. Don't any of you

understand that? The witness will stop this or I will call the bailiff. Do you

think I enjoyed it?

caution the jury in the following manner.

A charge such as that made against the defendant in this case is one which is

easily made and once made is difficult to defend against even if the person

accused is innocent.

Therefore, the law demands that you examine carefully and be duly critical

of the testimony of the female person named in this case.

I've got a lunch scheduled. I hope they get a verdict early.

Shouldn't take long.

With rape, they make up their minds halfway through it, and that's this one

or the other.

You and Lillian are still playing tennis?

Why, we can't.

How about the four of us getting together sometime?

How about next Wednesday?

Fine. Wednesday's good for Jeff.

I didn't get the job.

District.

They gave it to Oliansky at Fresno.

Oh, sorry, David.

Maybe now's a good time to start looking around for something else.

Harry White talked to me about three months ago and asked me if I'd be

interested in talking to some of his people.

What do you think?

Oh, I don't know.

I mean, the salary wouldn't be as much, at least not at the start, but after

a while... Stop it!

You're sitting there pretending everything is business as usual, and

Do we have to talk about it here?

Yes.

All right.

You could have told me about Hendricks instead of letting me get hit with it

like that in there.

Nothing happened. There wasn't anything to tell you about. That's not how it

sounded in there.

I suppose I'm lucky you're not sitting on that jury.

Look, I didn't mean it that way.

I guess I've just been kind of tense with the job and everything. David, I

raped.

There's been a trial.

The jury is out right now trying to decide whether they think that man is

or not.

Those are the facts.

You can't ignore them anymore. I just don't know what good it's going to do to

talk about it.

So instead, you'll go through the rest of your life thinking that the defense

attorney was right. I don't know what to think.

I sit in there.

And I want to believe you.

But it's one thing after another.

The other day, in court, I said how ashamed I was.

And then I got to thinking.

What the hell do I have to be ashamed about?

You're my husband, David.

I want to make love with you. I want to have poor children with you.

But I am not going to go through the rest of my life trying to apologize for

this thing.

What I said in there about not being guilty, I meant it.

And nobody is going to shame me into believing otherwise.

Not even you.

he's coming back in.

Has the jury reached the verdict?

Yes, Your Honor.

What is that verdict?

We find the defendant not guilty.

Ladies and gentlemen of the jury, you're excused.

The defendant is free to go.

This court is adjourned.

Too bad, sir.

You want some advice?

Never try a rape case.

Unless it's a 90 -year -old nun and she's got a minimum of four stab wounds.

Hard

feelings,

huh? If you ever come near me again, I'll kill you.

On November 16th, Lawrence Retzliff was wounded by police while attempting to

flee from the scene of an attempted rape.

He pleaded guilty and was sentenced to one to five years in the state

penitentiary.

On January 10th, Ellen Harrod filed suit for divorce from her husband, David.

Final decree was granted June 22nd.

Show me a great tasting burger, and I'll show you a smile.