Gay Porn Star Files Lawsuit After Allegedly Contracting HIV During Kink.com Orgy

Posted May 7, 2015 by with 53 comments

performer

A former gay porn star and self-described “bottom” is suing Kink.com, its owner Peter Acworth, director Van Darkholme, and 50(!) unnamed gay porn stars and extras after he says he became infected with HIV during a May, 2013 production of a BoundInPublic orgy scene entitled “Rubber Party” (pictured above).

It’s highly unlikely that this will ever go to trial (it would be virtually impossible to prove in court that the performer—identified only as “John Doe”—contracted HIV during the shoot), but here’s a summary of his lawsuit, via AVN:

Doe is suing the named defendants, as well as “Does 1-50,” for negligence in allowing him to become infected and Intentional/Fraudulent Misrepresentation for stating that the May 3 shoot would be condom-mandatory, as well as that the defendants conspired “to make intentional misrepresentations to Plaintiff” (like that condoms would be required for the May 3 shoot); that the defendants violated Doe’s contract with them by not acting in “good faith” with “fair dealing”; that Kink management failed to properly supervise Darkholme during the shoot; that some of Kink’s employees for the May 3 shoot—specifically Acworth and Darkholme—were “unfit” for their positions “and that this unfitness created a particular risk to others, including Plaintiff”; and that the defendants committed “Intentional Infliction of Emotional Distress” on Doe. For all of this, Doe is seeking an undetermined amount of money for his injuries, his emotional distress and as punitive damages.

While there were condoms used during the anal sex portion of this scene (all of Kink.com’s gay scenes use condoms for anal sex) the plaintiff is stating that there should have been condoms used during the oral sex portion of the scene (which never happens at Kink.com, or literally any other gay porn studio). Doe is arguing that he contracted HIV due to a cut in his mouth:

“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,” the Complaint continues. “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.”

Doe further states that about two weeks after returning from the shoot to his home in New York City, he began to feel ill, went to a doctor and got tested for STDs, and about two weeks after that “was devastated to learn that he was HIV positive. … Through a meticulous process of elimination and based on expert medical advice, Plaintiff JOHN DOE determined that he had contracted HIV at Defendants’ May 3, 2013 shoot.”

Not surprisingly, the “Rubber Party” video from May 3rd, 2013 seems to have been pulled from BoundInPublic’s site. But, the trailer is still running on multiple affiliate blogs, and it’s accompanied by this scene description:

We’re hosting a BIP rubber party with the Rubber Men of SF and all of our horny guests showed up in their best latex for the occasion. Kinky stud Cody Allen has his eyes blindfolded as we present him to the hungry crowd. We quickly tear off Cody’s clothes and put him in a latex jock before having him service our eager guests. Cody is used to the fullest by the crowd, presenting both of his holes for everyone’s pleasure. The kinky slut is then strapped down to have an electric butt plug shoved up his ass. The surges of electricity on Cody’s prostate make his cock stand straight up, and the crowd wastes no time getting a taste of his giant member. The crowd goes crazy as everyone takes turns fucking Cody’s hairy hole. With everyone horny as fuck, the guys waste no time as they spray their hot loads of cum all over the boy’s face.

And here’s the trailer:

  • Matthew

    So he’s suing because he had a cut in his mouth when he was giving head? Girl please, if you’re gonna fuck a huge group of guys, you’re going to have to accept some responsibility if you catch something.

  • Nickolas

    As far as I know, HIV has never been confirmed to be transmitted orally. It is “possible”, but highly improbable. This queen is just looking for some quick coins faster than Levi Michael’s can spell “Peru”.

    http://i.imgur.com/SYwJy1W.gif

    • aslkhd
    • La Bambi

      If this was the case, it would be the first ever documented oral transmission of HIV in history. So far it’s only been theorized that it’s possible, but never proven to have occurred.
      Has the plaintiff never had bareback sex? Is there no possibility that a condom failed? (They are not 100% effective)

      • Luca

        it’s also beside the point. He noticed having a wound in his mouth, and yet he didn’t say anything to the director allowing the shoot to continue. Sorry but the negligence is only his.

  • BoomPow

    Can’t wait for him to show up in court and submit that video into evidence for the judge and jury.

    • John

      Yep, sign me up for jury duty on this one…..

  • Todd

    When I started reading this, I thought the same thing. Good luck trying to prove THAT …. I mean I know they can do some things with identifying similar/same strains, etc ……..but the cost of doing that with 50 + people ………….gurl………..

  • gnormie

    I had sympathy until I got the part where he expected kink.com to provide condoms for oral. Who wants to watch that shit?

  • GoGo

    This was bound to happen, kink.com is such a nasty website. And almost all the people affiliated with it.

    • Ayda

      So because the people affiliated to KINK have different tastes, fetishes and turn-on from you? They are nasty??

    • Ayda

      So because the people affiliated to KINK have different tastes, fetishes and turn-on from you? Or work outside “Vanilla Sex”,they are nasty??

    • Luca

      A nasty website in which sense? just because they make fetish videos?
      They seem more professionals than 90% of the studios out there.

  • TK

    1) I always just assumed those shoots are a cesspool. He’s stupid for not doing the same.

    2) There are never guys hot enough in those public videos to even risk it over.

    http://38.media.tumblr.com/a6b8b60082c86833d838f3fd1c1e034f/tumblr_inline_n994peTihy1r28euw.gif

  • n24rc

    I support the performers case if they were recruited with the understanding that testing protocols were in place and people were serosorted according to that. Only then I feel it is the duty of the employer to follow the agreement and recruitment talking points. Even if it is “implausable” that oral transmission occurred, it isn’t possible that it cannot. The studio never accommodated for it, or indicated the threat existed in the discussion of safe sex policies. SO therefore, this was a misrepresentation on part of the studio.

    However, if the performer was warned in advance that would be another matter. Not to mention that the ability to take anti-viral medication to suppress transmission is available, that person could have been cautious before, during, and after the transmission incident. Also, maybe they don’t have the resources and cash to do so, and hopefully this lawsuit will help them access those medications. At the same time, again if the studio hadn’t warned this person, then they couldn’t have taken the precautions without knowing that threat existed in the first place.

    I get that we live in a society with access to literature and the internet, but it is surprisingly bad how much people know about chances of something like this occuring.

  • Seaguy

    Sounds like someone who contracted HIV elsewhere is trying to use it to try and scam a settlement before trial out of kink because of the circumstances. But it is highly unlikely he got it during the filming of that scene.

    • NickDC

      What a judgmental cunt you are; you know nothing about the dude and you weren’t there but thanks for making it clear that you’re simply just a dunderhead who slanders strangers.

      https://youtu.be/ymPpIzaanhY

      • Andre

      • Me a judgemental cunt for what I said. Where is this righteous indignation for all the usual haters who do much much worse when it comes t being judgemental and openly gossiping about a porn stars supposed HIV status. So before you go off on me you might want to go after the real judgemental cunts if you feel so strongly. Otherwise shut up!

      • Seaguy

        And your the pot calling the kettle black. People in glass houses should not throw stones.

  • John

    I used to do HIV test counseling and had a patient become positive from oral sex. His partner was HIV+ and he gave him head on the day he had his wisdom teeth extracted. Not smart. We always cautioned people not to give head if they were aware that their gums were bleeding. If the plaintiff noticed his mouth was bleeding, it was his responsibility to quit shooting for his own health. We also don’t know what he was doing in his personal life at the time either.

    • Zachary Sire

      “His partner was HIV+ and he gave him head on the day he had his wisdom teeth extracted.”

      • OneOfTheManyChris

        So who was bleeding John Doe, or one of the 50 guys he was being penetrated by? It’s not clear. Obviously you shouldn’t be sucking on bloody dicks especially if they’re attached to an HIV+ porn star.

        BTW, I think they can determine whether he got HIV from the shoot if they can run HIV DNA tests on all the guys he had contact with. I’m guessing that part is pretty much impossible though.

        • disqus_9xayOTnP13

          Not with enough cash to pay for the DNA testing, Doe’s lawyer can subpoena the samples and if the court feels it is material can enforce them with contempt sitations.

          So if he has about $75k to blow on the testing and another $600 for the paralegal, plus $8k for the investigator to find, name, and serve the 50 other guys.

          If I was on the jury the only question I would want to hear waould be : So which one of the defendants held a gun to your head after you found blood in your saliva?

          • Luca

            also, after you found blood in your salive AND YOU SAID NOTHING BY YOUR OWN ADMISSION!

    • aslkhd
      • John

        Sent by MailWise – See your emails as clean, short chats.

  • BowDownBitches

    Well that was a fucking weird but hot scene. But catching HIV with oral? Oh please.

  • Casey Scott

    OK, so the “John Doe” is Cody Allen then? That wasn’t hard to figure out LOL and it is possible to contract HIV through oral sex. *raises hand* case in point. Still, the shoot was so long ago. How can he point to this exact scenario and claim it happened while shooting?

    • La Bambi

      I like Cody Allen though. I noticed he hadn’t worked in a while, I hope he does make videos again, but this case makes it seem unlikely.

  • DPS

    So, Cody Doe play a ho in a sex show,

    later does a dosey doe and to court he go to get mo dough from a kinky bro. D’oh!

    Got it…

  • Gendarme

    Judge: “If you expected condoms, you probably should have shouted that safe word after the first uncovered dick hit your lips. Silly queen. Next!”

  • Donkeyteefus

    This kid is so hot and i always see him internet tricking in nyc looking for submissive twinks.

  • DrunkEnough

    Dude was fucking 50 strangers on camera for money. I rest my case, your honor.

    • Joe Blow

      We the jury find for the defendant and dismiss this shit!!

  • yaoirabbit

    So, the John Doe is Cody Allen? I’m confused.

  • John

    Strange but I believe his story and believe this is how he contracted the disease but it was up to him to stop sucking dick when he starting bleeding in his mouth….

  • Porn Star

    Wait. So condoms don’t work?

  • Luca

    Íf indeed it’s Cody Allen, he made several videos at that time, so good luck to prove it happened exactly in that scene. Not to mention in his private life.
    Also, when did he discover he was positive, did he make videos after the result of the test and, in case, were his partners (and studios) aware of his conditions? This could become very nasty veeery quickly.

    Also: “two weeks after the shoot he began to feel ill”?! wtf?

  • Spencer87

    Cody Allen? No.I feel so sorry for him.

  • moondoggy

    omg, I just realized that must be how Bleeding Gums Murphy died.