Kink.com Now Being Sued By Guy Who Claims He Got HIV, Orally, On a Bound In Public Shoot

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.

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The scene, titled Rubber Party (it involves some spray-on latex).

 

 

[AVN]

Related: TWO BAREBACK GAY PORN MODELS INFECTED WITH HIV ON SET IN NEVADA
 

29 thoughts on “Kink.com Now Being Sued By Guy Who Claims He Got HIV, Orally, On a Bound In Public Shoot”

  1. In fairness, you can have the virus living within you dormant for years before it is noticeable. I find this highly suspicious as I’ve seen some of these movies, and they are all in condoms. Saliva is also sterile and kills most things on contact, and as HIV is a weak virus, the chance of contracting HIV from sucking someone off is a million to one.I think this guy is embarrassed he did it and wanted to get out of it.

  2. foreign shores

    Every employer has a duty of care to their workers. But some jobs have risk. Show me a chef who hasn’t been burned or scalded at some point. People work down mines and on oil rigs, but the dangers are mitigated and the workers are trained and know what they’re getting into. If you’re gonna do a public/pro mixed scene you know there’s a risk. I don’t buy the “forcing oral sex” angle. That’s the schtick of the scenes. That’s the sub bottom’s world. Being “forced.” As someone else said, there’s always a safeword. The bottom has some responsibility. That he picked up HIV on that scene is easy to claim but hard to prove. I’, not blaming the ‘victim’ here. No one should be able to pick up an STD at work, but you work in that industry, you have to expect that somewhere along the line, you might.

    1. He got fired that’s just a legal excuse so kink doesn’t get their ass in legal trouble. He became too much trouble after all the employee complaints and mistreatments and the slapping.

  3. This pretty much explains why they discontinued the Bound in Public videos. This allegation happened right before they stopped shooting. I just wish a company would get all kinky with tested guys like the straight side does.

    1. I’m fine with it being gone. I found it really creepy having like 3-4 hot tops and then the rest of the background guys looked like they were made up of creepy homeless geriatric gays that shouldn’t be within 50 miles of a porn set, unless they’re behind the camera.

  4. If true the part that its up to the performer to request sterilization of sex toys is crazy. That should happen after every shoot. Hep C can live on dry surfaces for 7 days.

  5. Very sad. I love the Kink site. But one thing I could never understand. Some of their models looked very much HIV poz. They used condoms yes. But the amount of cum eating from the performers always made me think….its pretty unsafe….I would never swallow a load from that guy. The condoms look silly after stuff like that. If they would screen their performers they can play unsafe like that. But its wrong to introduce and mix neg and poz guys with that amount of semen flying around.

  6. The bottom who I meet in person was rude to me as a fan anyway he has no case he knew the risks of doing porn and the part that “Plaintiff took a sip of water and noticed some blood in his mouth. Plaintiff did not mention this to Defendant DARKHOLME” should have said something dumbass. I think this is stupid and just a way to make money. Yes I feel bad he got HIV but porn is a chance you take getting it and depending on his off screen sex life he could have got it that way.

  7. I must agree with Skip Intro here.

    And I will re-state that kink.com is one of the safer places to work/shoot at. Look at their TOC and contracts for model/actors. SOME risk is involved on any adult shoot. That being said, compare them to some of the FL and AZ places where there is NO CONCERN for safer conditions.

    At some point the model/actor needs to consider risk factors – and group sex scenes have an element of risk that can be higher than some one-on-one shoots.

    Both Peter and Van actually CARE about talent, which is more than I can say about other production firms. I think they can become an easy target, due to some content- but they are very clear in the notion of shooting a visual fantasy, and advising (and getting a CLEAR agreement from)talent of what will go on.

    Even bystanders get contracts. NOTHING that occurs is anything but pre-planned from start to finish. I would not hesitate shooting with them on the production or talent side.

    I am sorry the model in question made HIS OWN decision to continue with a scene that was not acceptable to him during production, but the notion that any action was not pre-planned, is absurd. Of ALL places, kink.com makes it clear you can walk away, if one feels uncomfortable with any action.

    1. That’s a lie I know darkholme. Before he got let go he was a dick to his workers. He mistreats his workers so much to the point of slapping them so I can see him mistreating models too. I cheer this fellow model doing this. Finally put darkholme on his place. I just wonder what will happen since darkholme no longer works there but it’s Sebastian keys who took his place.

      1. Brenn Wyson had Hepatitis C and informed his director before he shot his scene so the director could take precautions with his scene partner. The director didn’t tell the scene partner that Wyson had Hep C and Wyson was shocked that he didn’t. Another performer found out after the fact about Wyson’s Hep C status. Hep C is contracted through blood and most of the people who contract it do so through needles, but with Kink there is A LOT of instances where performers bleed because of some of the extreme sex acts. Kink only has two active gay websites left, Bound Bods and Men on Edge. Bound in Public was discontinued partially because of the potential legal issues they were exposing themselves to by having audience members that didn’t have any kind of panel test interact with talent during the shoots and in between them.

        1. Actually I think they brought back Bound in public. I got an email invite last week to attend one. I guess they need the money after all.

      2. Van Darkholme was let go from Kink??? I must have missed that news. Well good riddance I was tired of seeing his aging bloated ass on screen he was hot a a decade ago and should never have appeared in front of a camera while at Kink.

        And Estelle that sounds shady, very duckface practices! Hmm I wonder if this is the reason why ButtMachineBoys was discontinued. It’s a shame too because I just loved guys being dominated by the machines, especially the last couple of years when they got some grade-A pornstars like Race Cooper, Dominic Pacifico and Tyler Saint participating at the site.
        http://queermenow.net/blog/wp-content/uploads/2009/11/Tyler-Saint-Annihilator.jpg

        1. it’s true that Darkholme is not with Kink anymore, Sebastian Keys told that explicitly in a comment on their last Menonedge video.
          It’s unclear to me if it’s really connected with him being an asshole (if it’s true)… he stayed there for all these years so I suppose the reason for his leave is another.

  8. that is what I said before oral sex isnt safe to HIV i read it and it is happening even if they using condoms in penetration.

  9. “AIDS Healthcare Foundation has been touting this case for several years….”

    That’s all I needed to read. AHF is just one big anti-sex, self serving, fear mongering troll.

  10. “AIDS Healthcare Foundation has been touting this case for several years….”

    That’s all I needed to read. AHF is just one big anti-sex, self serving, fear mongering troll.

  11. After 30+ years of AIDS awareness, science is still woefully vague on the question of HIV transmission via active or passive oral sex. I mean, getting definitive information on the subject is like asking John Travolta to explain Scientology – you won’t get a satisfactory answer. Common sense should indicate that, if you have a mouth sore and you’re snarling on 20 dicks in one take, you’ll need to accept responsibility for your health.

    1. also, situation would have been different if he had told Van Darkholme about his wound in the mouth and the director would have forced (? how? one can always walk away) to continue.
      Cody not only agreed beforehand on all the things that are pointed out in the claim (“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” – that’s a bound in public shoot, duh), but he was negligent in pointing the problem out. I completely believe Kink when they say everything was settled down already in 2013 when the situation came out.

  12. Kink.com takes the best measures in the industry, to protect it’s model/actors. EVERYTHING is discussed before a shoot, including a “Safe Word”.

    I have been on a set. Neither Acworth nor Darkholme/Darkhome put people in danger, in fact, they go out of their way to assure actor/models feel comfortable.

    The model/actor is off-base here

  13. This saddens me. I loved Cody Allen’s work. He seemed to really enjoy sex and bottoming…and that smile and giggle melt me every time. Plus, how do you not love that cock?! Sad that I can’t see what is, most likely, his last scene and I am sad that He contracted HIV. His enthusiasm and adorable cub self is a loss for porn, especially for bottoms like me. He was someone I loved to watch for pointers.

  14. Rickperryisgay

    When you let your mouth become a cumdump for a pornographic movie. I believe You’ve waived your rights to sue. That was your own damn mistake.

    You gotta pay the price to be in the spotlight

  15. “Plaintiff took a sip of water and noticed some blood in his mouth. Plaintiff did not mention this to Defendant DARKHOLME.”
    Bye.

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