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Jodie Comer recently spoke about the impact of the "Prima Facie effect" and how it can be difficult for women to admit to being a victim of rape.
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Jodie Comer recently spoke about the impact of the “Prima Facie effect” and how it can be difficult for women to admit to being a victim of rape.

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In 2022, after the successful premiere of the play Prima Facie in London, a female producer approached playwright Suzie Miller and expressed her admiration for the production. She quoted a line from the play that referenced the alarming statistic of one in three women who experience sexual assault in the UK. Miller remembers this as a powerful moment, realizing that society has progressed to a point where women feel comfortable openly discussing their experiences of sexual violence without explicitly stating it.

“It is incredibly difficult for a woman to utter the words ‘I was raped’,” explains Jodie Comer. Her portrayal of a young defense attorney coming face-to-face with the flaws in the legal system after being sexual assaulted has garnered much attention. “For women, uttering those words is a challenge. It is incredibly significant to see individuals coming forward to share ‘This happened to me’.” This month, Miller will release a novelized version of the play, titled Prima Facie, dedicated to “the one in three women.”

In London on a sunny morning, we meet at the offices of Miller’s publisher. The Australian playwright, who resides in Sydney with her family, has traveled from New York to celebrate the US release of her novel and, in true theatrical fashion, has even managed to break her leg. As Comer arrives, she exclaims over the pile of black hardcover copies of Prima Facie on the table in front of us. “Is this it?” she asks eagerly. “Can I have one? Is that okay?” As Miller assured me before Comer’s arrival, the Killing Eve star, known for her role as Villanelle, the world’s favorite assassin, is actually very kind and down-to-earth- unless she’s hiding a poisonous hairpin under her beanie throughout the interview. Comer is here today in a supporting role, as she read the novel for the audiobook.

Miller talks about a one-woman play centered around rape that initially seemed unlikely to be produced. However, the play was a huge success, selling out in the West End and Broadway and earning Olivier awards for both Miller and Comer. When Comer was suggested for the role of Tessa, Miller initially rejected the idea because she assumed Comer was Russian like her character Villanelle. However, upon learning that Comer was British and from Liverpool, Miller was thrilled. Comer, who was living with her parents in Liverpool during the first lockdown, received the script from her agent and was immediately moved by its powerful subject matter. After a phone call between Miller and Comer, they discovered a surprising connection – Miller’s husband is a Liverpool fan and Comer’s father has been the team’s physiotherapist for years. Despite their football rivalry, they have remained in close contact since.

The decision to cast Comer as Tess, a rape survivor who challenges the system, was brilliant. After portraying the multilingual Villanelle, she could fully embrace her own accent. Returning to familiar ground, Comer also starred in the 2021 series Help, set in Liverpool and tackling the care-home crisis during Covid. As stated by Killing Eve’s writer and creator Phoebe Waller-Bridge, Comer’s skill in portraying both innocence and vulnerability make her the ideal choice for the role of Tessa.

The concept of Prima Facie revolves around the complicated uncertainties that make rape cases difficult to navigate in the legal system. Prior to the attack, Tessa had consensually engaged in sexual activity with her attacker, Julian, in his place of work. Additionally, Tessa was heavily intoxicated on the night of the assault and became physically ill. The brilliance of the play is that it allows the audience to take on the roles of witness, judge, and jury at different points. So, why adapt it into a novel?

Jodie Comer in Prima Facie

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“It was an incredible experience for me. I was able to fully explore the psychological background,” Miller explains. “It felt like I was stretching out my body in a yoga class.” She was able to delve deeper into the character’s backstory, which had only been hinted at in the play. This included Tessa’s troubled childhood with an abusive father, her relationship with her brother Johnny who ended up on the wrong side of the law, and the challenges she faced as a state-school student at Cambridge. In weeks of rehearsals, they had developed Tessa’s character and backstory, but recording the audiobook required letting go of the familiar version and instead digging into the version within the book,” Comer reflects. The theatre focuses on projecting and connecting with the audience, while audiobooks rely on pace and clear pronunciation. “It’s a much more intimate experience,” she adds. “I couldn’t help but feel choked up the entire time.”

Although there have been numerous stage productions adapted from novels, it is rare to find the opposite scenario. The playwright, who published her first book close to the age of 60, admits to feeling like she works in reverse. She expresses delight in the process of writing a novel and wishes she had started earlier.

At first glance, Prima Facie is often thought to be Miller’s debut play. However, she actually has 40 productions under her belt. According to Miller, some of these are shorter plays. She was raised in Melbourne and originally pursued a career in science before transitioning to work in a bar. After spending years as a defense lawyer (as evidenced by details in the novel such as “6pm wig hair” and “boring” barrister shoes), Miller eventually became a human rights lawyer. However, she began to feel like her impact was limited to only one person at a time and believed that her storytelling abilities could have a greater impact on a larger audience in the theater. Her first play, Cross Sections, premiered in 2004 and focused on the struggles of young sex workers in Sydney’s red light district. Her other plays have explored themes of racism and injustice, including a recent one-woman piece about Ruth Bader Ginsburg. For years, Miller balanced her legal career, motherhood, and writing for the theater, but eventually left her law practice in 2010 to pursue a residency at the prestigious National Theatre in London, where she and her family lived for several years. She admits feeling discouraged by the lack of female playwrights in Australia, and finds that her sensibilities and the quality of theater in London make it a better fit for her work.

The conception of Prima Facie was sparked during the author’s time in law school in Australia. She was struck by the injustice in sexual assault and rape cases, where the question of consent often works against the victim. In the UK, only 1.3% of these cases end in convictions. The author notes that it is the only crime where the assailant can claim innocence because they were unaware, while the victim claims it definitely happened to them. According to Miller, this creates a strange double negative where if the perpetrator believes they did nothing wrong, then nothing wrong occurred. In these cases, the defence often cross-examines the victim and tries to discredit their testimony.

Comer was surprised to discover that the defendant has the privilege to choose not to speak while the plaintiff’s argument is being intentionally and skillfully discredited. “Wait a minute! Tessa is being interrogated, mocked, and humiliated in some manner while Julian can simply sit there and not say a single word.”

The play gained relevance when it premiered in London amidst the #MeToo movement and the Million Women Rise demonstrations protesting male violence in honor of Sarah Everard’s murder anniversary. The audience’s familiarity with and admiration for the lead actor, who portrayed a strong and unconquerable character, enhanced their connection to the play. This, according to Comer, led to the play gaining its own momentum.

It is truly impressive to witness the transformation of Comer’s character, Tess, as she goes from confidently strutting on stage in her lawyer attire to standing vulnerable and barefoot. It is hard to believe that this was her debut on the major stage. Not only that, but she also had to perform alone for 90 minutes, eight times a week. There is even a moment where rain pours down from the ceiling, soaking Tess. Both the audience and Comer herself leave feeling emotionally drained. Comer describes the experience as “incredible” and acknowledges that many consider theater to be the pinnacle of acting. She felt privileged to have her first major stage performance be in such a powerful play, where she could sense a meaningful conversation taking place with an enthusiastic and understanding audience.

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Suzie Miller.View image in fullscreen

After the play’s premiere, Miller remembers that the audience erupted with applause and critics struggled to find the right words to describe it. The play sparked discussions in theatres and courtrooms all around the world. Many women have reached out to Miller and Comer through emails and letters to share their own personal stories. Comer mentions that there was a strong sense of community online and the play resonated with many people. Even Miller’s close friends felt comfortable discussing their own experiences with her. A judge from the Old Bailey court called Miller the morning after the play to inform her that she had stayed up all night rewriting instructions for a rape case. She referred to it as her “Prima Facie Direction” to remind others that a person’s inability to recall something in a consistent manner does not automatically mean they are lying; it may be due to trauma. Comer proudly tells Miller that her written words have made an impact.

“Do you recall the police officer?” She continues, “Many women saw themselves in Tessa. One individual, who identified himself as a police officer, stepped forward and acknowledged, ‘I understand your message and agree that action must be taken.'”

Significant progress is being made. Newly appointed judges in Northern Ireland are now required to watch a film recording of the play, while 3000 police officers in North Yorkshire viewed a screening and engaged in a dialogue about recording sexual assault reports.

Recently, Miller gave a speech at the United Nations in New York. She recognizes that sexual assault is a worldwide issue that can often seem insurmountable. Her desire is for the legal system to prioritize this issue as much as the media has during the #MeToo movement. A team of lawyers has created an organization called Tessa – The Examination of Serious Sexual Assault. According to Miller, this group has revised certain procedures that haven’t been updated in decades. It has been suggested to implement affirmative or enthusiastic consent, meaning one cannot assume consent but must constantly check for it along the way. As Miller explains, “someone’s consent can change.” Comer, like Tess, agrees with this notion. “For example, someone may have agreed to go on a date and have sex, but then became extremely uncomfortable afterwards. These two situations can coexist.”

Although it may not be as aggressive as Tess’s situation, Miller explains that “almost every woman has had some form of an incident during their youth. I definitely have. Where I reflect and question ‘Was that with consent? Or did I simply not understand what to do?'”

Many may wish that society’s increased discussion about sexual harassment has made it easier for younger generations, despite laws falling behind. However, Comer disagrees. He believes that pornography has a significant influence, as younger individuals may perceive aggressive and dominating behavior as the norm.

Miller and Comer are both enthusiastic about raising awareness for the charity Schools Consent Project, which the play collaborated with. Representatives from the charity have visited numerous schools to discuss the concept of consent, as Miller clarifies, stressing the importance of making a difference in this area. Comer also shares her sentiment, reflecting on her own lack of comprehensive sex education during her school years. She recalls being placed in a room and shown a VHS tape for only an hour.

prima facie suzie millerView image in fullscreen

As the mother of a now grown-up boy as well as a daughter, Miller would like to see “men foster their sons through a process of feminism as well”. Her next play, which will run at the National Theatre next year, is “about mothers and how they raise their sons and how they live in the cracks between everyone else’s lives”.

Tessa’s mother, who worked as a cleaner in Liverpool, is a notable but understated figure in the play but is given a greater presence in the novel. The playwright, Miller, lost his own mother, who was his biggest supporter, right before the play’s debut. Therefore, her passing greatly influenced the concept of the play. When Miller watched the scene where Tessa expresses her desire to simply sit with her mother on the couch, the process of adapting it for the novel was emotionally difficult. “I can never recreate that moment again.”

Miller, who has received accolades for her play, novel, and audiobook, is now adding a movie adaptation of Prima Facie to her list of accomplishments. The filming is set to take place in London, with Cynthia Erivo as the lead role of Tessa. Miller is proud that the film will shed light on the issue of race in the legal system. Interestingly, she purposely avoided providing any physical descriptions of Tessa in the novel, as she wants her to represent all women who read it.

The book’s audience may expand to include more women. Similar to how the protagonist, Tess, shares her story with a journalist at the end of the book, Miller hopes that readers will pass on the book to their daughters and friends. Alternatively, readers can also listen to Jodie’s narration in the comfort of their own home, pausing and returning to it as needed. “I like to imagine a secret network of women whispering to each other, ‘If you’ve ever experienced this, this book will show you that it is not your fault.'”

Comer interrupts to share a powerful quote from the final pages, where Tess declares, “I must have faith in my ability to make an impact.” This quote challenges our common belief that we are just one person and cannot make a difference. Comer emphasizes the importance of this perspective.

Source: theguardian.com