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In california and texas you can still use prior sexual history in rape cases, albeit under special motions. Just being more specific.


** Remake: Viewers can be somewhat mystified by the premise for why antagonist Max Cady felt slighted by protagonist Sam Bowden. At the time of release, the prior sexual history of a rape victim was a valid defense that would have lessened Cady's sentence, or might have even kept him out of jail. Nowadays, prior sexual history is inadmissible in rape cases.

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** Remake: Viewers can be somewhat mystified by the premise for why antagonist Max Cady felt slighted by protagonist Sam Bowden. At the time of release, the prior sexual history of a rape victim was a valid defense that would have lessened Cady's sentence, or might have even kept him out of jail. Nowadays, prior sexual history is inadmissible in rape cases.cases in Florida, where the movie is set.
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* GrayAndBlackMorality: In contrast to the BlackAndWhiteMorality of the original. This version of Bowden had an affair (the consequences of it were still being felt by the family, including having been forced to move away) and performed an illegal (even disbarring-worthy) act by holding back Cady's victim's sexual history, but he still is a good guy next to the ''brutal'' monster that is Cady.
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* MuggingTheMonster: The three goons that the Bowdens hire to attack Cady get this treatment. In the book, Sam Bowden and Charlie Sievers theorize that Cady's [[AxCrazy psychopathy]] actually helps him to utilize more of his strength than the average person.

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* BlackAndWhiteMorality: The original film portrayed Robert Mitchum as pure evil, with absolutely no legitimate reason to begrudge his conviction and Gregory Peck as perfectly virtuous, not deserving of any retribution.

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* BlackAndWhiteMorality: The original film portrayed Robert Mitchum portrays Max Cady as pure evil, with absolutely no legitimate reason to begrudge his conviction and Gregory Peck Sam Bowden as perfectly virtuous, not deserving of any retribution.virtuous and upright. The Bowdens also stay true to eachother throughout the film, unlike in the remake.


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** Leigh and Danielle Bowden are also a little less squeaky clean than Peggy and Nancy were in the original film. The pressure of Cady's stalking causes Leigh to lash out at Sam in some scenes, and Danielle is portrayed as a troubled teenager who smokes pot and is perversely fascinated with Cady at first. However, when they realize how monstrous Cady truly is, both Leigh and Danielle help Sam to fight him in the climax.
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* FramingTheGuiltyParty: Bowden deliberately buried evidence which would have helped Cady's defense at trial, but it was because he knew that Cady was guilty and had previously got away with other rape cases.
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* SparedByTheAdaptation: Cady is sent back to prison rather than getting killed.

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** Another happens when Kersek is talking with the Bowden’s maid, and she turns around to reveal[[spoiler:she is Cady, who had murdered the real nurse and taken her clothing to ambush Kersek.]]



* PrivateDetective: Kersek.



* RedShirt: Graciella, the Bowden’s maid, gets very little characterization or screentime [[spoiler:before Cady murders her.]]



* SmallNameBigEgo: Kersek is far less intimidating and badass than his thinks he is.

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* SmallNameBigEgo: Kersek is far less intimidating and badass than his thinks he is.is, and his attempt at intimidating Cady fails.

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** Deputy Kersek and PI Charlie Sievers from the original are combined into a single character in the remake.

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** Deputy Kersek and PI Charlie Sievers from the original are combined into a single character in the remake.remake, taking Sievers’ role but Kersek’s name [[spoiler:and death at the hands of Cady.]]


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* DeathByAdaptation: [[spoiler:Kersek. In the original the private detective survived, but here he doesn’t fare nearly as well thanks to being merged with a character who ''did'' die.]]
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* AdaptedOut: Bowden also has a son in the novel, who is non-existent in either film.
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* BlackDudeDiesFirst: The first person Cady kills in the film is Graciella, the Bowden's Hispanic housekeeper.


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* BreakTheCutie: Perky, upbeat Lori is brutally assaulted and raped by Cady.
* BoomHeadshot: [[spoiler:Kersek]] dies from a combination of this and being garroted with piano wire.


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* SlashedThroat: Graciella meets her end this way.
* SmallNameBigEgo: Kersek is far less intimidating and badass than his thinks he is.
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* SacrificialLion: [[spoiler:Kersek's death shows just how far Cady will go to have his revenge.]]
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** The film reuses Music/BernardHerrmann's score from the original.
** The music that is heard at the climax of the movie was a piece of music that Herrmann had written for Creator/AlfredHitchcock's ''Film/TornCurtain'', but that piece of music was never used. Music/ElmerBernstein had always liked that original score and he asked Creator/MartinScorsese if it could be used in ''Cape Fear''.

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** The film reuses Music/BernardHerrmann's score from the original.
original, albeit conducted by Music/ElmerBernstein.
** The music that is heard at the climax of the movie was a piece of music that Herrmann had written for Creator/AlfredHitchcock's ''Film/TornCurtain'', but that piece of music was never used. Music/ElmerBernstein Bernstein had always liked that original score and he asked Creator/MartinScorsese if it could be used in ''Cape Fear''.

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* DeathOfAChild: As cited above, Cady kills the family dog in both versions.



* InfantImmortality: As cited above, Cady kills the family dog in both versions.
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* CombatBreakdown: Played very realistically. By the end of the final fight both men are staggering around, throwing weak punches and sluggishly trying to hit each other with rocks. Despite being much stronger than Bowden, eventually [[RealityEnsues Cady's injuries catch up to him]] and [[spoiler: he drowns in the surf when he's too weak to stand or swim away.]]]

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* CombatBreakdown: Played very realistically. By the end of the final fight both men are staggering around, throwing weak punches and sluggishly trying to hit each other with rocks. Despite being much stronger than Bowden, eventually [[RealityEnsues Cady's injuries catch up to him]] and [[spoiler: he drowns in the surf when he's too weak to stand or swim away.]]]]]



* NotSoDifferent: Cady at least ''tries'' to invoke this in his argument with Bowden, and is trying to bring Bowden [[HeWhoFightsMonsters to his level]]. The way Bowden snarls like a rabid animal while violently trying to beat Cady's brains out with a rock in the climax suggests he at least slightly succeeded.

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* NotSoDifferent: Cady at least ''tries'' to invoke this in his argument with Bowden, and is trying to bring Bowden [[HeWhoFightsMonsters to his level]]. The way Bowden snarls like a rabid animal while violently trying to beat Cady's brains out with a rock in the climax suggests he at least slightly succeeded. It's not like Bowden's anger is [[PapaWolf in any way misplaced.]]
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* Kick the Dog: Cady is walking up the stairs to the courtroom and brushes against woman carrying a file, causing her to drop the file. He neither excuses himself nor helps her pick up the file. Clearly introducing him as the worst kind of person.

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* Kick the Dog: KickTheDog: Cady is walking up the stairs to the courtroom and brushes against woman carrying a file, causing her to drop the file. He neither excuses himself nor helps her pick up the file. Clearly introducing him as the worst kind of person.
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* TheFundamentalist: Cady and Heller (Cady's attorney).

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* TheFundamentalist: Cady and Heller (Cady's attorney).attorney, ironically played [[RemakeCameo by Peck]]).

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* NotSoDifferent: Cady at least ''tries'' to invoke this in his argument with Bowden, and is trying to bring Bowden [[HeWhoFightsMonsters to his level]]. The way Bowden snarls like a rabid animal while violently trying to beat Cady's brains out with a rock in the climax suggests he at least slightly succeeded.
-->'''Cady:''' Now you will know how it feels like! Loss of freedom! Loss of humanity! Now you and I [[HeWhoFightsMonsters will truly be the same!]]



* RealityEnsues: Despite his [[AxCrazy savagery]], Cady is no superhuman monster. By the end of the final brawl with Bowden, his ''many'' injuries leave him too weak to stand [[spoiler: and he eventually drowns when the surf washes him away.]]

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* RealityEnsues: Despite his [[AxCrazy savagery]], Cady is no superhuman monster. By the end of the final brawl with Bowden, his ''many'' injuries leave him too weak to stand [[spoiler: and he eventually drowns when the surf washes him away.]]away]].


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* VillainousBreakdown: Cady pretty much loses it in the climax, screaming [[https://en.wikipedia.org/wiki/Speaking_in_Tongues glossolalic]] gibberish and ranting about being "[[MadnessMantra bound for the promised land]]" [[spoiler: right before he drowns.]]
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* {{Bookends}}: The movie begins with chilling music and a blood-red negative shot of a [[CloseupOnHead on the daughter's eyes]] zooming out into a positive shot of her giving a speech. The final scene inverts this, starting with a positive shot of her monologing AnAesop and zooming in on her eyes, turning the shot into a b/w and then red negative.

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* {{Bookends}}: The movie begins with chilling music and a blood-red negative shot of a [[CloseupOnHead on the daughter's eyes]] eyes, [[CloseupOnHead zooming out into a positive shot of her giving a speech.speech]] in class. The final scene inverts this, starting with a positive shot of her monologing AnAesop and zooming in on her eyes, turning the shot into a b/w and then red negative.
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* HeWhoFightsMonsters: Cady attempted and failed to invoke this with Sam. The worst he got out of him was violent aggression, which was a result of his natural instinct to protect his family.

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* HeWhoFightsMonsters: Cady attempted and failed to invoke this with Sam. The worst he got out of him was violent aggression, which was a result of his [[PapaWolf natural instinct to protect his family.family]].
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* AmoralAttorney: Gregory Peck's cameo as Cady's lawyer. Bowden intentionally sabotaging Cady's defence, on the other hand was actually done out of morality.

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* AmoralAttorney: Gregory Peck's cameo as Cady's lawyer. Bowden intentionally sabotaging Cady's defence, on the other hand was [[ScrewTheRulesImDoingWhatsRight actually done out of morality.morality]].
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-->'''Cady at the climax''': Now I sentence you, counselor! Now you will know how it feels like! Loss of ''freedom''! Loss of '''humanity'''! Now you and I will truly be alike!

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-->'''Cady at the climax''': Now I sentence you, counselor! Now you will know how it feels like! Loss of ''freedom''! Loss of '''humanity'''! Now you and I will truly be alike!the same!
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-->'''Cady at the climax''': Now I sentence you, counselor! Now you will know how it feels like! Loss of ''freedom''! Loss of '''humanity'''! Now you and I will truly be alike!
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* PrivateDetective: Charlie Sievers (Telly Savalas) in the original, Claude Kersek (Joe Don Baker) in the remake.

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* PrivateDetective: Charlie Sievers (Telly Savalas) (Creator/TellySavalas) in the original, Claude Kersek (Joe Don Baker) in the remake.
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* Kick the Dog: Cady is walking up the stairs to the courtroom and brushes against woman carrying a file, causing her to drop the file. He neither excuses himself or helps her pick up the file. The worst kind of person.

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* Kick the Dog: Cady is walking up the stairs to the courtroom and brushes against woman carrying a file, causing her to drop the file. He neither excuses himself or nor helps her pick up the file. The Clearly introducing him as the worst kind of person.
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Added trope Kick the Dog
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* Kick the Dog: Cady is walking up the stairs to the courtroom and brushes against woman carrying a file, causing her to drop the file. He neither excuses himself or helps her pick up the file. The worst kind of person.
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It tells the story of Sam Bowden (GregoryPeck), a lawyer whose family is threatened by a convicted rapist. The rapist, Max Cady (Creator/RobertMitchum), wants vengeance for having been imprisoned on Bowden's testimony after the latter witnessed him attempting to rape a woman. After a lengthy game of cat and mouse between the two, Bowden takes his wife (Polly Bergen) and teenaged daughter (Lori Martin) to their houseboat on Cape Fear, hoping to set a trap for Cady that will lead to his re-imprisonment. Needless to say, this does not go as planned.

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It tells the story of Sam Bowden (GregoryPeck), (Creator/GregoryPeck), a lawyer whose family is threatened by a convicted rapist. The rapist, Max Cady (Creator/RobertMitchum), wants vengeance for having been imprisoned on Bowden's testimony after the latter witnessed him attempting to rape a woman. After a lengthy game of cat and mouse between the two, Bowden takes his wife (Polly Bergen) and teenaged daughter (Lori Martin) to their houseboat on Cape Fear, hoping to set a trap for Cady that will lead to his re-imprisonment. Needless to say, this does not go as planned.



* RemakeCameo: GregoryPeck and Robert Mitchum both play supporting roles in the remake. Martin Balsam, who played a police chief in the original, also has a small cameo in the remake.

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* RemakeCameo: GregoryPeck Creator/GregoryPeck and Robert Mitchum both play supporting roles in the remake. Martin Balsam, who played a police chief in the original, also has a small cameo in the remake.
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* CombatBreakdown: Played very realistically. By the end of the final fight both men are staggering around, throwing weak punches and sluggishly trying to hit each other with rocks. Despite being much stronger than Bowden, eventually [[RealityEnsues Cady's injuries catch up to him]] and [[spoiler: he drowns in the surf when he's too weak to stand or swim away.]]]


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* RealityEnsues: Despite his [[AxCrazy savagery]], Cady is no superhuman monster. By the end of the final brawl with Bowden, his ''many'' injuries leave him too weak to stand [[spoiler: and he eventually drowns when the surf washes him away.]]
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Disambig fix


* [[{{Ubermensch}} Ubermensch]]: In-universe, Cady seems to fancy himself as one. Early in the film, he's caught reading AlsoSprachZarathustra, which at first seems like an aside, but near the end he claims he wants to become "more than human", implying he took the book to heart.

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* [[{{Ubermensch}} Ubermensch]]: {{Ubermensch}}: In-universe, Cady seems to fancy himself as one. Early in the film, he's caught reading AlsoSprachZarathustra, ''Literature/AlsoSprachZarathustra'', which at first seems like an aside, but near the end he claims he wants to become "more than human", implying he took the book to heart.
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* FauxAffablyEvil: Cady. He tries to present himself as a pleasant, well-educated southern gentleman, but it's very clear that beneath the pleasant facade and supposed reverence for God and justice, he is a sadistic murderer and rapist who deserved his prison sentence.

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* FauxAffablyEvil: Cady. He tries to present himself as a pleasant, well-educated southern gentleman, gentleman (in the remake, he also has pretensions of being a KnightTemplar who talks about justice and God), but it's very clear that beneath the pleasant that facade and supposed reverence for God and justice, he is a sadistic rapist and murderer who only cares about revenge and rapist who refuses to admit that he deserved to be punished for his prison sentence.crimes, regardless of whether his lawyer could have gotten him off the hook or not.

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