By Tre’vell Anderson, LA Times
On the night of the Golden Globes — as he had for many of the awards season trophy ceremonies — actor Casey Affleck bounded onto the stage to accept his award as best lead actor in a drama for his turn in “Manchester by the Sea.” Meanwhile, Nate Parker, the multi-hyphenate lead of the Nat Turner slave revolt flick, “The Birth of a Nation,” wasn’t anywhere to be seen on the show that, 12 months prior, he was considered all but a lock to be a fixture of.
The 2017 awards season was supposed to belong to both Parker and Affleck, as both of their films had stormed out of Sundance a year ago this week to positive reception with glory in their sights.
But the experiences of these two men have been vastly different. In the time since “Manchester” and “Birth’s” Sundance premieres, old cases involving both actors and histories with sexual impropriety came to light.
For Parker, a massive controversy arose surrounding rape allegations from when he was a student at Penn State, nailing his film, and perhaps his entire career, to the moral cross. Affleck, however, remains a projected front-runner for an Oscar nomination on the heels of his Globes win, despite the resurfacing of details of alleged sexual harassment on the set of his 2010 mockumentary, “I’m Still Here.”
In an age where sexual assault has received renewed attention, and the likes of Bill Cosby and Roger Ailes are being forced to face their own allegations of sexual misconduct, what has happened to Parker and what hasn’t happened to Affleck deserves interrogation, if only as a case study of how race, class, access and one’s attitude are inextricably linked. And indeed, the “wrong” combination of these things can spell career suicide.
It must be noted, though, a major difference between the two men’s alleged sexual history: The cases against Affleck were filed in civil court, while the accusations against Parker were filed in criminal court. Although both alleged instances of sexual misconduct might draw ire or concern, the degree of said allegations is legally more serious in Parker’s case. Additionally, the legal foundation of the allegations against Affleck were contractual, having to do with payment and film credit.
Affleck was accused of sexual misconduct and harassment by two women who worked on “I’m Still Here,” producer Amanda White and cinematographer Magdalena Gorka, who cited a number of sexually inappropriate occurrences, both physical and verbal, between them and Affleck. In one instance, Gorka alleged that while she was asleep in a private room Affleck “curled up next to her in the bed wearing only his underwear and a T-shirt. He had his arm around her, was caressing her back, his face was within inches of hers and his breath reeked of alcohol.” When she awoke, Gorka said she demanded he leave, which he did, after a slight protest. At another moment, White claimed Affleck instructed a crew member to take off his pants and show White his penis, despite her objections.
In the face of the sexual claims, which normally would result in a criminal case, each woman, represented by the same lawyer, filed a civil lawsuit to the tune more than $2 million, a week apart from each other. Their points of contention were that their employment contracts were not honored and payment was withheld, which they believed to be in retaliation for their rebuffs, complaints and eventual resignation.
Affleck, as reported by the Los Angeles Times and other outlets at the time, denied the claims. The motion submitted by his lawyers, before Gorka filed her complaint, called White’s allegations “fabricated” and in response to 15 months’ worth of failed attempts to “extort” a better production deal. Affleck, in the motion, doubled down on this assertion, noting that White had accepted the terms of agreement in her employment contract, that he and the production company had complied and, verbally and via email, she expressed “how happy she was to be a part of this project.”
Both suits were settled out of court — a move that is not an admission of guilt — with no details of the settlement, if they be financial or otherwise, made public. Each woman is listed in the film’s credits. A statement from both Affleck’s reps and the women, at the time, said the matter was “resolved to the mutual satisfaction of the parties.”
As for Parker, the criminal case against him alleged rape of a female student while he was a wrestler at Penn State University. The 1999 suit, which did go to trial, resulted in his acquittal in 2001. Parker’s college roommate, Jean McGianni Celestin, who co-wrote “The Birth of a Nation,” was also accused in the assault. Though convicted, Celestin successfully appealed it.
Much ado — mainly in off-the-record industry conversations and the non-mainstream blogosphere — has been made about the reasons for each man’s current fortunes. While much blame has been placed at the foot of white male (and upper-class) privilege — with good reason — the issue is much more complicated than that. The media and Hollywood, and Parker himself, are in part to blame for why Parker may not ever work in movies again and Affleck will sail, seemingly unfazed, untouched and unfettered, into a more fruitful phase of his career.
From left to right, Cole Hauser, Casey Affleck, Matt Damon and Ben Affleck in Gus Van Sant’s “Good Will Hunting.” (George Kraychyk)
It is no secret that Affleck knows privilege intimately, consciously or otherwise. The brother and family friend of two of the industry’s most bankable stars, Ben Affleck and Matt Damon, Affleck can count those in his corner as more than “just a tight circle of people who have had some success,” as he told Variety. Invariably, they are part of the reason why, following the poor reception of “I’m Still Here,” his career can have a rebound moment. (The film pulled in a paltry $408,983.)