'Last Tango in Paris': How Modern Actors Are Protected From Rape-Scene Abuses

Bernardo Bertolucci’s comments about a 1972 rape scene in his film “Last Tango in Paris” brought outrage over the weekend about his mistreatment of actress Maria Schneider — but also assurances from the Screen Actors Guild that actors are better protected today.

In the infamous scene, Marlon Brando’s character uses butter as a lubricant to rape Schneider’s. Bertolucci and Brando were widely condemned over the weekend after a YouTube user posted a 2013 interview in which the director admitted he and Brando did not tell in her in advance that butter would be part of the sequence.

She said in 2007 that she “felt a little raped” by the scene, and that “even though what Marlon was doing wasn’t real, I was crying real tears.”

Also Read: Marlon Brando Would Be 'Disgusted' by 'Last Tango in Paris' Rape Accusations, Son Says

SAG-AFTRA, which represents about 160,000 performers, says better safeguards are in place now. It told TheWrap on Monday that any nude scenes, depictions of rape and depictions of consensual sex are “heavily negotiated” before cameras start rolling.

In fact, according to the nudity provisions in the actors union’s basic collective bargaining agreement (which appear below), performers are to be notified of “any nudity or sex acts prior to the first interview or audition.”

The union said it receives a call “once every two or three months” about questionable scenes — usually from an actor’s agent, and almost always before the scene has been filmed.

SAG-AFTRA also made it clear: It takes these incidents very seriously and will send a business representative to the set if a member raises a concern. Moreover, the union believes there may be more incidents, but that they aren’t reported and encourages member actors to raise concerns within the organization.

Also Read: 'Last Tango in Paris' Director Calls Rape Outcry 'Ridiculous Misunderstanding'

Schneider told the Daily Mail in 2007 that as an inexperienced, 19-year-old actress, she didn’t know her rights. She was barely known at the time, and was paid $4,000 for playing the role.

“I should have called my agent or had my lawyer come to the set because you can’t force someone to do something that isn’t in the script, but at the time, I didn’t know that,” she said. “Marlon said to me, ‘Maria, don’t worry, it’s just a movie.’ But during the scene, even though what Marlon was doing wasn’t real, I was crying real tears. I felt humiliated and, to be honest, I felt a little raped, both by Marlon and Bertolucci. After the scene, Marlon didn’t console me or apologize. Thankfully, there was just one take.”

If “Last Tango in Paris” were filmed today, the situation “probably wouldn’t have happened to begin with,” SAG-AFTRA told TheWrap.

“But that would depend upon the actress — if she is comfortable enough to say something,” a representative said. “Performers who get taken advantage of are usually too concerned about losing the part and will consent to the whole thing. We try to educate them as much as we can.”

But cases of actors feeling wronged continue. In 2013, “Blue Is the Warmest Color” lead actress Léa Seydoux reported feeling coerced by director Abdellatif Kechiche into spending 10 days shooting an intense 10-minute lesbian sex scene for the film, which won the Cannes Film Festival Palme d’Or. Kechife said in an interview that he “never showed anyone a lack of respect.”

While SAG-AFTRA is a global organization, “Blue Is the Warmest Color” was not filmed in conjunction with the actors union, so SAG-AFTRA’s guidelines did not apply.

Here are provisions from SAG-AFTRA’s basic collective bargaining agreement:

43. NUDITY
A. The Producer’s representative will notify the performer (or
his representative) of any nudity or sex acts expected in the role (if
known by management at the time) prior to the first interview or
audition. The performer shall also have prior notification of any
interview or audition requiring nudity and shall have the absolute right
to have a person of the performer’s choice present at that audition. Total
nudity shall not be required at such auditions or interviews; the
performer shall be permitted to wear “pasties” and a G-string or its
equivalent.
B. During any production involving nudity or sex scenes, the set
shall be closed to all persons having no business purpose in connection
with the production.
C. No still photography of nudity or sex acts will be authorized
by the Producer to be made without the prior written consent of the
performer.
D. The appearance of a performer in a nude or sex scene or the
doubling of a performer in such a scene shall be conditioned upon his or
her prior written consent. Such consent may be obtained by letter or
other writing prior to a commitment or written contract being made or
executed. Such consent must include a general description as to the
extent of the nudity and the type of physical contact required in the
scene. If a performer has agreed to appear in such scenes and then
withdraws his or her consent, Producer shall have the right to double, but
consent may not be withdrawn as to film already photographed.
Producer shall also have the right to double children of tender years
(infants) in nude scenes (not in sex scenes).

'Birth of a Nation' Scandal: Timeline of Nate Parker's Case

Ten months ago, Nate Parker's "The Birth of a Nation" -- which opens Friday -- looked like the favorite to win Best Picture at next year's Academy Awards. Then came reports that a woman who accused Parker of sexual assault 17 years ago had committed suicide in 2012. A backlash grew quickly, and commentators criticized Parker for using graphic rape scenes in his film for dramatic purposes. Here's a timeline of how the film became such a source of debate.
Twitter
August 20, 1999 -- Parker's accuser, then an 18-year-old freshman at Penn State University, said that she blacked out after having some drinks at a bar while waiting for Parker. Some time after Parker's arrival at midnight, Parker invited the accuser back to his apartment. The accuser said she remembered going in and out of consciousness, and Parker and his wrestling teammate, Jean Celestin, having sex with her. Parker testified that this sex was consensual -- and continues to assert this.
Wikimedia
September 1999: The accuser met with a doctor who told her she had been sexually assaulted, according to The Daily Beast. She then called Parker and recorded their conversation. Parker insisted that the sex was consensual and denied that Celestin was involved.
Getty
October 13, 1999: The accuser reported her assault allegation to local authorities, who taped another call between her and Parker in which Parker identified Jean Celestin as the other man who had sex with her. A week later, Parker and Celestin were arrested on rape and sexual assault charges and suspended from the Penn State wrestling team, though they did not lose their scholarships. This is a picture of Parker at the 1999 NCAA championships.
YouTube
November 1999: According to the accuser's complaint against Penn State, she was subjected to continued harassment after Parker's arrest. This included Parker and Celestin hiring a private investigator to publicly expose her as the accuser, and continued bullying by Parker and his friends outside buildings where she had class, she said. She also said that she attempted suicide after requests for aid from campus officials went largely unheeded.
Wikimedia
2000: The accuser dropped out of Penn State after her first semester. She continued to live in State College, where she claimed that the harassment continued even though she was no longer a student.
U.S. District Court
October 2001: Parker was cleared of all charges, while Celestin was found guilty of sexual assault. Judge Thomas Kistler sentenced Celestin to a maximum of one year in prison -- lower than the mandatory sentence of three to six years -- and delayed the sentence to give Celestin time to graduate.
Getty
December 2001: After Celestin's delayed sentence sparked objections on campus, Penn State expelled Celestin for two years, with the possibility of receiving his degree after that period. Parker transferred to the University of Oklahoma, where he learned about Nat Turner's slave rebellion during an African-American studies course.
Wikimedia
2002: The accuser sued Penn State, accusing the school of failing to properly address her assault and subsequent harassment. According to Penn State student newspaper The Daily Collegian, the case was settled and the accuser received $17,500.
U.S. District Court
2003: Celestin's appeal was denied by the Pennsylvania Superior Court, which also ordered that his sentence be increased. According to The Daily Collegian, he was given a new sentence of two to four years in prison, which began the following year.
Facebook
2005: A year into his sentence, the Pennsylvania Superior Court overturned Celestin's conviction. According to The Daily Collegian, it was ruled that Celestin's defense attorney did not perform due diligence in the case and did not object to "hearsay statements" from the prosecution. The district attorney elected not to retry the case, and Celestin was released.
Wikimedia
2012: Nate Parker's accuser committed suicide at a rehab facility by overdosing on sleeping pills. That same year, Parker starred in the Tuskegee Airmen biopic "Red Tails," the Spike Lee film "Red Hook Summer," and the crime thriller "Arbitrage," the last of which won him a supporting actor award at the African-American Film Critics Association.
TheWrap
January 25, 2016: Parker released "The Birth of a Nation" at the Sundance Film Festival, with Celestin receiving story credit. The film received a standing ovation and the top jury prize at the festival. The film also set a record for the biggest sale at Sundance after Fox Searchlight purchased it for $17.5 million, and the film immediately received Oscar buzz in the wake of the #OscarsSoWhite protests.
Getty
August 16, 2016: Variety reported the suicide of Nate Parker's accuser, who left behind a ten-year-old son. Her death certificate reportedly stated that she suffered from "PTSD due to physical and sexual abuse." "I see now that I may not have shown enough empathy even as I fought to clear my name," wrote Parker in a statement. "Empathy for the young woman and empathy for the seriousness of the situation I put myself and others in."
Fox Searchlight
September 2: "The Birth of a Nation" co-star and rape survivor Gabrielle Union wrote an op-ed in the Los Angeles Times: "As important and ground-breaking as this film is, I cannot take these allegations lightly… Although it’s often difficult to read and understand body language, the fact that some individuals interpret the absence of a 'no' as a 'yes' is problematic at least, criminal at worst."
Getty
September 29: Sharon Loeffler, the sister of the accuser, wrote a guest column in Variety condemning "The Birth of a Nation," particularly for using a fictional rape of Nat Turner's wife as a turning point that leads him to starting his rebellion. "I find it creepy and perverse that Parker and Celestin would put a fictional rape at the center of their film, and that Parker would portray himself as a hero avenging that rape," she wrote. "Given what happened to my sister, and how no one was held accountable for it, I find this invention self-serving and sinister, and I take it as a cruel insult to my sister’s memory."
Fox Searchlight
October 2: "60 Minutes" aired an Anderson Cooper interview with Parker in which the director was asked whether he would apologize for what happened at Penn State. "I was vindicated. I feel terrible that this woman isn’t here," Parker said. "Her family had to deal with that, but as I sit here, an apology is—no.”
CBS News
October 7: "The Birth of a Nation is released in theaters nationwide, with a protest group holding a candlelight vigil at the Cinerama Dome in Hollywood in memory of the accuser.
Fox Searchlight

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TheWrap looks back at the details surrounding ”Birth of a Nation“ director Nate Parker’s rape accusation at Penn State 17 years ago

Ten months ago, Nate Parker's "The Birth of a Nation" -- which opens Friday -- looked like the favorite to win Best Picture at next year's Academy Awards. Then came reports that a woman who accused Parker of sexual assault 17 years ago had committed suicide in 2012. A backlash grew quickly, and commentators criticized Parker for using graphic rape scenes in his film for dramatic purposes. Here's a timeline of how the film became such a source of debate.

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'Birth of a Nation' Scandal: Timeline of Nate Parker's Case

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