A model who served as a pass-around bottom at a Kink Men Bound in Public shoot in 2013 is now suing the company claiming that he contracted HIV on the set. The thing is, Kink does use condoms for its gay shoots, but in this case the guy says he got it from giving blowjobs without protection.
As AVN is reporting, Kink.com, Kink Studios LLC, KinkMen.com and Armory Studios LLC, as well as Peter Acworth and director Van Darkholme are all named in the suit, which was filed in San Francisco Superior Court on April 28. But is this just another political maneuver by the AIDS Healthcare Foundation to get condoms mandated on porn sets? That’s what Kink thinks.
The complaint relates to a shoot that occurred on May 3, 2013, and as AVN tells it, the plaintiff, John Doe, was told it would be a condom shoot. There 30 to 40 members of the public at the shoot, some of whom participated in oral sexual activity, it sounds like, with the plaintiff. The suit notes that none of these members of the public were tested for STDs.
As the complaint states, “While Plaintiff was physically restrained and blindfolded, Defendant DARKHOLME is clearly seen on video footage forcefully pushing Plaintiff’s head and mouth into the penises of dozens of men to perform oral sex on them. None of these performers were wearing a condom nor were any barriers used. … During the May 3 shoot, the inside of Plaintiff’s mouth sustained a cut. Plaintiff took a sip of water and noticed some blood in his mouth. Plaintiff did not mention this to Defendant DARKHOLME. Since Plaintiff’s requests of no oral sex and condom usage had been denied in the past by Defendants, Plaintiff knew that similar requests would be denied on this occasion.”
The complaint adds the detail that at an earlier shoot in 2011, the plaintiff witnessed a model he was supposed to be having sex with get Caverject injected into his penis, and that when he asked to have the model wear condom, his request was denied — this seems suspicious given that Kink has always used condoms in gay scenes, like I said.
Str8UpGayPorn notes that the scene in question has been pulled off of Kink’s sites, however it’s still floating around on affiliate blogs. The model who was the blindfolded bottom in the scene is identified as Cody Allen.
This comes after a spate of other troubles for Kink, including an ongoing battle with Cal/OSHA over fines, and the revelation two years ago of two Kink performers who were diagnosed as HIV positive. Kink maintains that neither performer contracted the virus on set, but it raised the hackles of the always porn-unfriendly AIDS Healthcare Foundation, which continues its efforts to make condoms mandatory in all porn shot in California, gay and straight.
For their part, Kink says the suit is totally without merit, and they had dealt with John Doe back in 2013 right after he first claimed to have contracted HIV. Attorney Karen Tynan says, “The plaintiff has previously filed similar claims under worker’s comp, and these were denied by the insurance company. As such, we expect it to be dismissed in civil court as well. None of these claims were made at the time of the shoots, and are easily refuted by detailed shoot records, our regular protocols, testimony from those present, email correspondence, and the videos themselves.”
She adds, “It’s perhaps no coincidence that a previously dead case suddenly surfaces a few weeks before an OSHA standards board hearing on May 21. AIDS Healthcare Foundation has been touting this case for several years, but the facts never seem to bear out. For it to suddenly surface as civil litigation with explicit mention of AHF in the court documents would certainly point to this being a political maneuver, as opposed to one with any real chance of success.”
Below, some of the 37-page complaint, which you can also see here in a PDF, and a clip of the scene in question.
The scene, titled Rubber Party (it involves some spray-on latex).