In the November 10 edition of the New York Daily News, columnist, Ross Rosenfeld responded to an article in the rival New York Times by dismissing Louis C.K’s sexually predatory behavior as mere perversion instead of crime. He condemned theTimes for placing C.K. in the same ilk as Harvey Weinstein and Bill Cosby, both of whom have been accused of sex crimes against women. While it is true C.K. has never been accused of rape, or using substances to render victims unconscious, the lesser severity comes down to a matter of degree, not kind.
Sidenote: the act of noting one sex crime as less severe than another makes me queasy.
In the Times article, written by Melena Ryzik, Cara Buckley, and Jodi Kantor for the November 9 edition, the writers exposed several acts of attempted or completed exhibitionism and masturbation by the comic in the presence of unconsenting women. In Rosenfeld’s piece, he emphasizes the absence of threats, misuse of power, and physical force as reasons to minimize criminal behavior. He goes on to note the female comics in whose presence C.K. committed his alleged crimes were free to leave when they chose, and may have also consented by laughing as C.K. disrobed, and pleasured himself. Unfortunately, Rosenfeld’s assessment classifies him as member of the very “cult of testosterone” about which he writes in his piece.
Rosenfeld’s primary gaffe is his assumption that not fleeing is the same as consenting. He fails to take into consideration the role fight, flight, or freeze plays in these sordid scenarios. Given the social stress of the unexpected situation in which these women found themselves, it is possible they froze, and perhaps laughed as a measure of discomfort. Had the female comics asked C.K. to grace their presence with his phallus and produce a sample of his DNA, then perhaps consent could be suggested. Otherwise, Rosenfeld’s suggestion crosses into the territory of victim blaming.
While it is possible Louis C.K. could be diagnosed with exhibitionism disorder, a recognized DSM-5 paraphilia, the presence of mental illness does not excuse his alleged crimes against women. Rosenfeld’s entire position makes me wonder how he would feel if a woman he loves was subjected to unsolicited penile exposition on a subway train. I imagine despite the supposition of mental illness, he would believe a crime had been committed, and in reality, such behavior is criminal.
What makes C.K.’s alleged actions predatory is the fact his gratification stems in part from the shock experienced by his victims. In the moment an exhibitionist exposes himself, he receives sexual stimulation from the gasps, shock, and screams. Therefore, he is preying on victims, and their responses. In the presence of paraphilia, it can at least be assumed C.K. cannot achieve orgasm independent of his predatory behavior.
Rosenfeld goes on to suggest being compared with other recently outed predators is unfair when considering C.K.’s behaviors do not rely on force or threats to achieve his results, but the question of fairness to the alleged victims is never raised. Furthermore, Rosenfeld describes C.K.’s alleged behaviors as “creepy” and “perverted”, which in a sense compares them to Donald Trump’s locker room talk. The common denominator is the unwanted sexual objectification of women by men who feel it’s appropriate, when conversely, it is criminal.
I understand the nature of rivalry and gamesmanship, but Rosenfeld minimizing criminal behavior for the sole purpose of besmirching a rival publication is low, and it calls for an apology. By suggesting complicity in the absence of fleeing, Rosenfeld adopts an it’s not that big a deal mentality similar to that of Gay Talese, who suggested actor, Anthony Rapp should have just “sucked it up” rather than “ruin” the career of Kevin Spacey in the wake of Rapp’s allegations of sexual advances made by Spacey when he was 14 years old.
Today the “cult of testosterone” adds a new member, and unfortunately, it is a cult sure to continue its growth.
Consent is Not Granted in the Absence of Flight