New developments in the case of Kink.com, the popular San Francisco-based adult film company with CEO Peter Acworth at the helm.
Three actors — two male, one female — sued the company back in 2014, alleging that they contracted HIV while filming scenes for Kink.
Now, a federal judge has ruled the company must defend itself against the allegations.
One of the performers, now retired from the industry, says he was infected while making a “Bound in Public” scene back in 2013.
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The site — part of the Kink network — specializes in scenes featuring men having S&M sex in public.
One performer, John Doe, claims he was blindfolded in a scene filmed at the Armony in San Francisco. He says the scene required him to perform oral sex on dozens of men — “untested, unidentified members of the general public.”
Doe maintains he had a cut in his mouth while filming the scene.
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He says he tested HIV-positive just two weeks later.
The actors allege they were all required to have unprotected sex and told they’d be “out of a job” if they requested condoms.
The actors are being represented by Atain Speciality Insurance.
US District Judge James Donato has now granted the insurance company a summary judgement, saying a physical-sexual abuse exclusion “exempts the insurer from covering claims arising from sexual activity,” according to Courthouse News.
Neither Kink nor Atain have issued an official statement following this latest development.
Talking to Courthouse News in 2015, Kink’s attorney Karen Tynan warned that people shouldn’t be reeled in by “the sensational nature” of the accusations:
“None of these claims were made at the time of the shoots, and are easily refuted both by detailed shoot records, our testing protocols, and the video footage itself.”
celuur
Just a clarification: Atain Specialty Insurance isn’t representing the actors – they’re representing themselves. Atain Specialty is an insurance company for Kink.com that’s saying they aren’t obligated to defend or pay for Kink.com’s defense because of an exclusion in the policy. In other words, Kink.com is on its own.
Creamsicle
I thought that all of kink.com’s scenes used condoms. Or maybe it’s just their gay scenes? Also, if you know you have a cut in your mouth then why sign up to blow anyone let alone strangers whose HIV status is unknown? Maybe it’s time that states pass laws requiring PrEP for all professional sex performers.
Ditamo
Ya seems like a bad idea. But most likely he didn’t really think of the consequences of doing what he did that day with a cut in his mouth.
Bob LaBlah
No sympathy from me. You knew you had a cut in your mouth but you decided to do the scene anyway? Whose to say that you didnt already have it before you did the scene? Too much suspicion in this case and I hope the company wins. Stopping short of guys holding them hostage I’d say they got just what they had to have know could happen and thats just what did happen.
Captain proton
Doesn’t it take (or took back in 2014) far more than 2 weeks to discover an infection?
Mandrake
Yes, it does. I think the guys he blew need to be tested. I think $$$$ is at the root here.
doug105
Detecting HIV earlier: Advances in HIV testing
By Len Tooley
How soon after a potential exposure can someone know their HIV status? Well, it all depends on the type of test used. This article will take you on a tour of the different types of HIV tests available and will walk you through how long it takes for each test to tell you accurately if someone has HIV.
Since the early days of the HIV epidemic, HIV tests have improved considerably. We now have multiple methods to test for HIV infection, and today’s testing technologies are getting better at detecting new infections. This has led some HIV testing experts to suggest that we can detect the vast majority of HIV infections much earlier than many people realize. This article will review the scientific evidence on the early detection of HIV to help guide our messaging about HIV testing.
Why is it valuable to detect HIV infections as early as possible?
There are two major reasons why it is valuable to detect an HIV infection as soon as possible after it has occurred:
Early detection is good for people getting tested for HIV. HIV tests that provide an accurate result sooner after infection may significantly reduce the anxiety of “not knowing” that many people feel after they think they may have been exposed to HIV.
For those who test HIV-positive, testing early may give them a better sense of how and when they were exposed to HIV. It may also provide them with greater opportunities to access services and support that will help manage their health and well-being. Another distinct advantage of early diagnosis is that people can access anti-HIV treatment before their immune systems have been severely damaged, which can also improve their long-term health outcomes.
Early detection can help prevent new HIV infections. Research demonstrates that almost half of new HIV infections may come from individuals who have been newly infected.1 This may be because people who are newly infected have significantly higher levels of the virus in their blood and genital tracts, which may make HIV transmission more likely to occur.2,3,4,5 People who are newly infected are also more likely to be unaware of their HIV status. Diagnosing HIV infection early allows a person to make more informed decisions (such as practicing safer sex and using drugs in a safer way). Research shows that when aware of their status, most HIV-positive people do take steps to prevent HIV transmission.6,7,8,9
Being able to detect new HIV infections earlier is not only beneficial to people seeking testing and to the service providers offering testing services, but may also play a significant role in preventing further transmission of HIV within the population.
The HIV antibody test
Once a person becomes infected with HIV, a number of steps must take place before an HIV antibody test can detect infection. First, the virus infects more and more cells in the person’s body. The person’s immune system then responds by producing HIV antibodies, which are proteins that circulate in the blood to try to fight the HIV infection. It is these antibodies that the HIV antibody test detects, NOT HIV itself. If there aren’t enough antibodies created by the body when the test is given, the result will be negative despite the person being infected with HIV.
In order for an HIV antibody test to detect an HIV infection, two conditions must be met:
HIV antibodies must be present in the person’s blood. The amount of time it takes for the immune system to create HIV antibodies after HIV infection varies based on genetics, how transmission occurred (e.g. sex vs. shared needles), the amount of virus the person was exposed to, whether they underwent post-exposure prophylaxis (when someone takes a combination of anti-HIV medications within 72 hours of exposure to reduce the chances of becoming infected), and numerous other factors. For more on PEP, see Can we prevent infection with HIV after an exposure? The world of post-exposure prophylaxis (PEP).
The HIV antibody test must be sensitive enough to detect the antibodies. Newer testing technologies can now detect HIV antibodies when there are lower concentrations in the blood and hence are able to detect an HIV infection much sooner.
The “window period” refers to the maximum amount of time it may take for a person’s body to create HIV antibodies after HIV infection. HIV antibodies must be present in order for the HIV antibody test to accurately detect HIV antibodies in someone’s blood. If someone is “in the window period,” there is a chance that even though they may have been infected with HIV, the test won’t be able to detect the infection and will give a negative result.
HIV antibody tests are the most widely used HIV tests. One of the main reasons they are so widely used is that once HIV antibodies are present in a person’s blood, they will be there for the rest of that person’s life (provided their immune system is functioning properly). This means that following the window period, an HIV antibody test will always give a positive result for someone who has been infected with HIV. This is important as many people are not diagnosed until several years after infection.
Older HIV antibody tests were significantly less able than newer tests to detect low levels of HIV antibodies in a person’s blood, which is why in the past the window period was set at 6 months.
Across Canada, all labs use newer, more sensitive antibody tests (this includes rapid (point-of-care) HIV tests). For more on rapid HIV testing, see A rapid approach to community-based HIV testing. Research shows us that with these new tests, as many as 95% of people who test positive will do so within 34 days of exposure to HIV.10 However, for the remaining 5%, the window period for these HIV antibody tests is generally accepted to be three months so as to ensure people who take longer to develop antibodies are not overlooked. This means that if someone tests negative for HIV antibodies during the window period, they should be re-tested three months after possible exposure, to fully rule out HIV infection.
There are some rare exceptions which may require someone to retest up to six months after exposure:
People who have a severely impaired immune system may take longer to develop HIV antibodies.
People who have taken post-exposure prophylaxis (PEP). This is a one-month course of anti-HIV drugs that, if started within 72 hours of potential exposure, may reduce the risk of HIV infection. If PEP does not successfully prevent HIV infection in someone, the presence of the PEP drugs may still reduce HIV replication until the drugs are finished. This may delay the time it takes for a person’s body to create HIV antibodies. For more on PEP, see Can we prevent infection with HIV after an exposure? The world of post-exposure prophylaxis (PEP).
It should be noted that if someone tests positive with an antibody test, the result should always be confirmed using a Western blot test to rule out the possibility of a false-positive result.
Tests that directly detect HIV
There are a number of technologies that detect HIV itself. However, at this time, these tests are not offered uniformly throughout Canada or within provinces and territories. It is important to do some research and find out which testing services are available for your clients to help ensure effective messaging for someone who thinks they have recently been exposed to HIV.
The two most commonly used tests that detect HIV directly are the p24 antigen test and the HIV nucleic acid amplification test (NAAT).
The HIV p24 antigen test
The HIV p24 antigen test, the most widely available of the two, is designed to detect a protein (the p24 protein) associated with HIV. The p24 antigen test can detect the p24 protein on average 10 to 14 days after infection with HIV.2,3,11,12 One drawback of this test is that levels of the p24 protein peak at around three to four weeks after exposure to HIV and are usually not detectable after five to six weeks (and sometimes even earlier). A positive p24 test means that someone is HIV-positive. However, a negative p24 test can mean three things:
the person is HIV-negative
the person is HIV-positive but that the test could not detect the p24 protein because the person was infected more than four to six weeks earlier
the levels of p24 antigen are too low to be detectable with current technologies.
Currently, the most advanced tests combine a p24 antigen test and an antibody test. While combination tests are available in some regions across Canada, they are not yet available everywhere. These tests are seen as beneficial because they combine the early detection abilities of the p24 antigen test with the accuracy of the newer antibody tests. It should be noted that a rapid (point-of-care) version of these tests is not yet available.
The HIV NAAT test
The HIV NAAT test is a very sensitive test designed to detect HIV RNA in blood. RNA is the viral equivalent to human DNA. The NAAT test is able to detect HIV RNA as early as seven to 14 days after infection with HIV.2,3,11,12 Unlike the p24 test, the NAT test will always give a positive result as long as there is HIV in someone’s blood.
NAAT testing is currently being offered in six clinics in British Columbia as part of a five-year study called the Acute HIV Infection Study (http://www.acutehivstudy.com). One of the objectives of this study is to investigate the impact of new testing technologies on gay men’s testing practices.
When are p24 antigen tests and HIV NAAT tests used?
In places where p24 antigen tests or HIV NAAT tests are available, these tests are often used for individuals who have recently had a high-risk exposure and are either (a) in the three-month window period of the antibody test, or (b) experiencing symptoms of a new HIV infection (most often flu-like symptoms, including a fever, diarrhea, rash and/or sore throat). The p24 antigen test is also used when indeterminate results are obtained from an HIV antibody test (the test couldn’t give a clear answer).
Seroconversion symptoms
It is also important to talk about the symptoms of seroconversion when we talk about testing. Educating clients about the symptoms of seroconversion may increase the likelihood that they will get tested if they experience symptoms. Seroconversion symptoms can occur from two to four weeks after infection and may include flu-like symptoms, such as fatigue, fever, sore throat, swollen lymph nodes, headache, loss of appetite or skin rash. This illness usually lasts less than two weeks although it can last as long as 10 weeks. If a client has had a recent high-risk encounter and experiences any of these symptoms, they should be encouraged to have an HIV test. Depending on the time since infection, the antibody test may not give an accurate result. However, if available, the p24 antigen test will be able to give an accurate result two to four weeks following infection and the NAAT test will be accurate in as little as seven to 14 days after infection.
What does all this mean for front-line workers?
The early detection of HIV is important because people who are newly infected are very infectious and may inadvertently transmit HIV to others. There is still a lot of misunderstanding about how soon one should get tested after potential HIV exposure. Many people still believe they have to wait three months. However, new and improved testing technologies are continually decreasing the amount of time it takes for a new HIV infection to be detected.
In the case of clients at high risk of HIV, testing can be done as early as one month after exposure for standard antibody assays and rapid point-of-care tests. Clients who test positive will know for certain they are HIV-positive. Of those who test negative, 95% are in fact negative. It is important to realize that up to 5% of people who test negative at one month could later test positive at three months. It is important to ensure that people testing negative at one month are advised to return for repeat testing once the three-month window period is covered.
The p24 antigen test and the HIV NAAT test could be used to test for HIV in people who think they were recently exposed to HIV. These tests are useful for people who think they have recently seroconverted. As these tests may not be readily available in all cities and towns across Canada, it may be useful to find out when and where these new and improved testing technologies will be offered in your area.
Brian
It’s really obnoxious to cut and paste an entire article into a comment section. Just put the link like a normal person.
Josh447
@Brian. Shut up fuzz brain. All you do is throw shade. Get a life bozo.
bmd15
HIV transmission through oral sex is quite rare, unless there is really an open wound/sore in your mouth. I don’t think there is much of a case here.
Ummmm Yeah
Ugh yeah you made the choice to do the scene. And really don’t act like there isn’t another porn company out there. You could have gone to work for one of them.
ChrisK
He might have a case if the porn company knew he an open would in his mouth and forced him into it but that would fall under general worker protections. This is going nowhere.
bobbyjoe
This case sounds really suspicious. Kink.com uses condoms in their gay scenes, at least in penetrative scenes. And if this guy is saying he asked them to use condoms in the oral scenes and they refused, then that’s definitely strange, and stranger still would be ANY porn company that said “oh, ok.” Can this guy name ANY porn company, anywhere, gay or straight, that uses condoms in oral scenes? None of them do it. If you’re concerned about oral transmission, then what the heck would you be doing working in the porn industry, unless you were an absolute too-dumb-to-leave-the-house dimwit? What will genuinely surprise me, though, is if Michael Weinstein, the guy who tried to pass that California law requiring all porn shoots to use condoms, isn’t somehow involved in this. This sounds like EXACTLY the kind of thing he’d drum up. I expect if we hear any more about this story, his name will come up soon.
ChrisK
Not to mention the company says they have testing protocols and he says they don’t. Seems this could easily be verified.
Paco
His sex life since his test prior to the diagnosis will need to be scrutinized and picked apart. That must have been some nasty cut in his mouth since mucous membranes tend to heal quickly.
IanHunter
I have seen the group scene in question and he did take a lot of different things from a lot of different guys. However they interviewed him at the end of the shoot he said he enjoyed it quite a bit. I don’t know what he thought was going on when there are 50 guys in a room while you are bound and blindfolded. Especially when you know that you are doing a public gangbang while bound.
Ummmm Yeah
In SF which is full of nasty bug spreaders who only care about getting off.
Brian
Has there ever been an actual proven case of HIV transmission through oral sex that didn’t involve the infected person’s blood?
QJ201
Correction, popular Kink porn company that makes gay titles.
NOT a GAY company at ALL.
CastleSF
It’s high time we have laws to ban these perverted porn productions. It’ beyond my comprehension how people can sink so low to satisfy their sordid fantasy.
Bob LaBlah
The taxes and jobs that the porn industry provides the state of California with makes it highly unlikely the porn companies will ever be shut down regardless of their targeted audience. Porn brings in BILLIONS of dollars. Their models spend the money they make in rent, goods and services that have nothing to do with porn but are vital to the survival of the state and local economies regardless of where the movies are produced.
Geeker
I thought most of kinks models were already HIV positive.
BivisibleGuy
Maybe you’re thinking of Treasure Island Media (TIM)?
BivisibleGuy
Honestly, no judgment here. Enjoy what you enjoy. Lord knows that I watch a good variety of things!
I do think this guy should have disclosed and that if he did and it wasn’t taken into consideration, then he might have a case.
Jaxton
You can get HIV from iv drug use too.
In any case, I think they put themselves in harm’s way for money. Sympathy is not forthcoming.
BivisibleGuy
Also, the saying “you won’t work with us” could be a point of them not agreeing to have him as an option if he can’t do this part. He might have decided to take the risk after learning that he wouldn’t be paid for the day.
baal61
And as someone living 34 yrs with hiv’ after a gang rape at nineteen’ I should care why? Dumb is dumb.
AndThenTheresMax
Stories like this always make me laugh.
It’s all, “Oh breed me! Breed me! I’m a nasty pig! OINK! OINK! Give me your hot man seed! No load refused.”
Until…someone turns poz!
Then it’s weeks of tears, drama, accusations and lawsuits with no one taking any responsibility for anything.
Here’s what kills me about gays today. You call someone on their sexual habits and suddenly you’re “slut shaming” (it such a ridiculous term anyhow).
Look I’ll say it. GROW UP! If you’re a self-admitted oral and anal pig whose goal in life is sleep with all the men in the Rose Bowl parade; please tell me you’re not dumb enough to think you won’t catch something.
In our world of safe-sex guidance. Gay men are still not that silly. Or are they? #facepalm