Kink Lawyer Says Gay Performers Are STD Tested, Which Isn’t True

Posted May 12, 2015 by with 7 comments

performer

Last week, an unidentified gay porn performer filed a civil suit against Kink.com claiming that he contracted HIV while performing oral sex on “dozens of men” in a 2013 orgy scene. The performer’s case (which was likely crafted by AIDS Healthcare Foundation) is virtually impossible to prove, but it does shed light on Kink’s confusing and conflicting policies when it comes to STD testing (they test straight performers in straight scenes but not gay performers in gay scenes). Kink’s attorney, Karen Tynan, has accurately explained that condoms are mandatory on the studio’s gay sets, but her statement to AVN yesterday regarding STD testing at Kink is extremely misleading:

Many of [Doe’s] claims are either misguided, or flat out wrong. He suggests that gay performers are pressured to work without condoms, despite the fact that condoms are mandatory on gay sets. At other times, he claims performers aren’t tested, when in fact they were. We’re very serious about safety at Kink, and we follow industry protocols on both gay and straights sets.

Unless Kink changed their policy and performed STD testing on all 50 men in the plaintiff’s gay orgy, Karen Tynan is being dishonest. (I’ve reached out to Tynan for clarification, but there’s been no response as of post time.)

It’s common knowledge that Kink does not test its gay performers in gay scenes. And looking through the roster of Kink’s gay models over the past two years, there have been several who are openly HIV positive, meaning they obviously weren’t tested before working in a scene. Tynan is saying that all 50 of the men in Doe’s orgy were STD tested, but if that were true (it’s not), why wouldn’t they just go bareback, like Kink’s straight performers (who do undergo STD testing)?

“Industry protocols on gay sets” is an interesting choice of words, seeing as there are no industry-wide protocols on gay porn sets. Some gay porn studios use condoms and do STD testing. Some do STD testing and don’t use condoms. Some use condoms and don’t do STD testing. Some don’t use condoms and don’t do STD testing. John Doe’s case will never make it to trial, but at the very least, it should make Kink rethink their own conflicting policies.

 

  • NG212

    “Some gay porn studios use condoms and do STD testing. Some do STD testing and don’t use condoms. Some use condoms and don’t do STD testing. Some don’t use condoms and don’t do STD testing.”

    It’s like a fucking logic test taking this in.

  • Luca

    Zach, do you know that Van Darkholme not working for Kink anymore (kicked out? left of his own initiative?) has anything to do with this story?

    I actually didn’t know Kink does not test his gay performers, I thought it was kind of the norm…

  • Bob Bilbert

    Aren’t the hetero kink scenes bare though? Hmmm
    I doubt they tested all those randoms and that he got it on set… most likely did not…

  • Todd

    Which matchbook did this attorney get their law degree from ? It would seem John Doe’s cuit is shaky enough without the need for outright lying.

    • ttoottoo

      Maybe it’s not as shaky as it seems

  • aslkhd

    Its strange that his own attorney says the exact opposite of what he claims in how own blog post from 2013…
    http://peteracworth.com/on-kink-coms-shooting-protocols/

    So they don’t test gay models for HIV because they dont discriminate against performers because of their HIV status… fine if thats your position then thats your position, flawed as it may be considering there’s dozens of ways to reduce the harm such as serosorting the scene partners or checking if the positive partner is virally suppressed, or at least letting the other scene partner know that they are paired with someone of a differing HIV status so they can make an informed decision.

    What’s interesting is that they apparently don’t discriminate against their gay performers based on their gonorrhea, chlamydia, and syphilis status either considering they don’t test for any of those.

    If you wanted to claim you don’t test for HIV because you don’t want to discriminate then why aren’t you testing, at least, for the other STIs?

    In his blog he says:
    “On sets like Public Disgrace, which are open to non-adult performers, we do not allow anyone who has not been tested to do anything that might transmit an STI. […] we allow these persons to perform activities such as touching, slapping or fondling”

    Which is the exact opposite of what we observed in just the preview for the video in question. Where the performer is giving oral on members of the public, a way which is documented to transmit gonorrhea, chlamydia, and syphilis as well has the potential to transmit HIV.

  • CC Cassadine

    I use to work @Bang(BangBros),and if performers didn’t have their tests,present,with results,for that day of shooting,nobody could work and nobody got paid.