Model suing Kanye West alleges he yelled ‘This is art’ during assault
A model suing Kanye West is speaking out about the alleged assault that lawyers for the rapper argue was his 1st Amendment right.
Jennifer An, an actor and model who competed on the 13th season of “America’s Next Top Model” in 2009, detailed the alleged assault — that she says happened in 2010 — in a new interview with the BBC’s “Fame Under Fire” podcast that was released Wednesday. In 2024, An filed a lawsuit against the “Heartless” rapper alleging he choked her and used his fingers to simulate oral sex during a music video shoot for La Roux’s “In for the Kill.”
“He had me sit in the chair in front of the camera, and I didn’t know what was going to happen. I was given no direction,” An told the BBC. “I was just told to sit in this chair, and then playback started, and then all of a sudden he just reaches a hand out and starts choking me, and I’m just not sure what’s happening, and then he pulled his other hand out and starts choking me with both hands and then starts smearing my makeup all over my face and sticking his hands inside of my mouth, which simulated oral sex.
“I remember feeling so suffocated, unsure, scared,” she said. An said she was 24 years old at the time of the alleged incident, her first foray into the industry. She told the outlet that, as it was happening, she hoped someone on the production side would call a halt to it.
“I remember him looking at me, like really intensely, and licking his lips a lot, my face was like so close to his,” she continued. “He reached a point that — I assume — he was very happy with himself, and he yelled something like, ‘This is art! I’m Picasso.’”
La Roux said she insisted the alleged assault be left on the cutting room floor, and in a 2024 Instagram exchange with An, the artist said, “I could never forget that, it was horrific,” according to court documents.
During the podcast episode, the BBC correspondent Anoushka Mutanda Dougherty asks if she can see the direct-message exchange between An and La Roux. She then reads aloud a message in which La Roux said, “I was in the room behind the monitor, begging the directors and everyone else to do something, but everyone was scared of him and did nothing.”
La Roux told An that West whispered to her, “I bet you think I just put women back about 10 years.” She said that she responded, “You just put women back about 500 years.”
Representatives for La Roux did not immediately respond to The Times’ request for comment.
The case has not yet gone to trial. In a motion to dismiss the civil suit — which was filed under New York City’s Gender-Motivated Violence Act and remains pending — attorneys for West didn’t deny the incident took place but, rather, argued that it was an artistic performance and therefore protected by the 1st Amendment.
Attorneys representing An in the case, Melissa Berouty and Christine Hintze, told The Times in an emailed statement: “While we respect the importance of artistic expression and the protections afforded by the First Amendment, dismissing this case on that basis would set a dangerous precedent. It would effectively grant immunity to perpetrators of unlawful abuse so long as their conduct occurred under the guise of artistic expression or within an artistic setting.”
They further said that An’s claims are supported by affidavits and written communications from multiple eyewitnesses, including La Roux.
