Former porn models Rod Daily and Cameron Bay have both filed civil suits against their former studio, Kink.com, related to the 2013 scandal in which both of them turned out to be HIV positive.
Kink.com CEO Peter Acworth said at the time that it appeared “Rod gave it to Cameron” in the course of their off-screen sexual relationship, but it was never clear where and how Rod got the virus — Kink has maintained it could not have been on set, because in addition to rigorous testing, all the gay shoots Rod did for the studio were with condoms.
The incident led to an industry-wide shooting moratorium, and a change to the guidelines about testing, making tests now mandatory for all active adult performers every 14 days.
The AIDS Healthcare Foundation and its grim reaper Michael Weinstein immediately seized on the news and held a teary press conference with Daily and Bay in September 2013, and the current suits appear to be funded by AHF as well — AHF of course has been constantly campaigning for several years for condoms on all porn shoots in California.
A spokesperson for Kink now says, “The lawsuits… are so illegitimate as to be offensive, avoiding science altogether in favor of emotional arguments about HIV, sex work and BDSM. At times, it reads less like a lawsuit and more like a statement from the Pat Buchanan or the Westboro Baptist Church, in which AIDS is retribution for immoral behavior.”
Though it seems clear that Bay likely did contract the virus from off-screen sex with Daily, her suit alleges she could have been exposed on set, describing a time she was exposed to blood “after one male performer rammed his penis so hard into her mouth that the head of it got cut on her wisdom tooth.”
Meanwhile, Kink contends that all of Bay’s on-screen partners tested HIV-negative both before and after her positive test result.
Then there’s Daily’s suit, which claims that Kink and directors Van Darkholme, Sebastian Keys and Tomcat — all named as defendants in the claim — also didn’t follow proper protocols over exposure to blood on the set.
Daily, who was said to have performed exclusively in gay and TS scenes during his porn career, claimed he shot for Kink on three occasions, including for the websites TSSeduction.com, KinkMen.com, BoundInPublic.com and NakedKombat.com.
On one shoot in August 2013, Daily said that he engaged in both oral and anal sex despite that he earlier requested condoms be used during the shoot that involved a transgender female.
“At the end of the shoot, the transgender performer ejaculated in [Daily’s] eye,” the suit said. “Plaintiff alerted defendant Tomcat of this. Instead of following proper protocol associated with exposure to blood-borne pathogens, plaintiff was handed a towel and nothing more.”
In their press release, Kink calls Daily’s allegations ridiculous as well. “He cites an eye splash of semen during the shoot as the source of his infection, neglecting both that the performer he worked with was HIV-negative, and that in all of scientific literature, there is exactly one case of HIV being transmitted through an eye splash, and that was in a lab setting.”