July 03, 2009

HIV and the Porn Industry: Testing, Condoms and Trust

by Sarah Sloane

On June 4, Patient Zero was tested for HIV. She worked on June 5, and her results came in positive for HIV presence in the bloodstream on June 6. At that point, all hell began to break loose.

Legal and Consumer Concerns

Safer sex activists and many sex-positive voices question whether it’s ethically responsible for the adult industry to not require condoms. Whether it’s the belief that consumers need to see responsible behavior, or that testing is imperfect and shouldn’t be relied upon, a vocal number of writers and educators strongly favor a condom-only (or at least, condom-highly-recommended) system. In fact, Michael Weinstein, head of the AIDS Healthcare Foundation, says that “L.A. County Public Health officials have been asleep at the switch with regard to monitoring HIV and STD prevention and testing in the region’s porn industry,” and has called for Los Angeles County to use existing regulations to require condom use on all sets—as a matter of both preserving the health of the actors and actresses, and to protect the “public health.”

Even psychologists have taken notice of the condom issue. Steve Livingston, an Assistant Professor of Psychology at the University of Toronto and a contributor to the Psychology Today website, noted: “It is very hard to see how most pornography is instructive for contraception or disease control. Condom use is infrequent in these media—supposedly because consumers prefer viewing ‘bareback” sex—and demonstrations of other prophylaxes (e.g., dental dams for cunnilingus) are all but non-existent.”

Livingston goes on to quote a pair of 2002 studies that show “regular consumption of romance novels was associated with reduced self-reported intent to use condoms, and second, the depiction of condom use within a romantic story context increased self-reported intent to use condoms.” If that argument applies to porn via video, then that gives more credence to the need for condom use in films in order to encourage viewers, and the general public, to use them. about the problems he believes come along with using condoms during porn shoots, it’s important for us to remember a basic fact about the majority of porn out there in the world—it’s really not sex, not any more than your average bodice-ripping romance novel is about real relationships. Let’s look at some differences that affect STD transmission & barrier use:

- As Greene mentions, a boy/girl penetration shoot can run as long as 2 ½ hours—or even longer. This involves lots of different things—a still photography shoot for magazine use; teasers, cover art, a variety of sex acts in various positions, breaks for everything from water to re-setting the props, and a dozen other of starts and stops for a variety of reasons – most of which are definitely not sexy or romantic. And when you have breaks in the action, it’s not uncommon for an actor to experience some deflation – which then necessitates changing out the condom.

- Ever had sex with a condom and insufficient lube? Then you’ll understand his term “latex drag” – it’s the friction that comes when vaginas & anuses get rubbed repeatedly with a latex covered penis or toy. Often, especially if one is in the heat of the moment, it might not be obvious that it’s happening until the next day.

- Porn sex is filmed with the viewer in mind; this means that the positions you see the actors in are usually a modification solely so that the camera can capture close ups of the action, as well as see the bodies of the actors for added visual stimulation. This means that condoms may have to overcome more “engineering problems”, as the angles and positions change more often, and in more ways, than the average non-porn sexual escapade would include.

- There are niche markets that specifically serve porn consumers that wish to see behavior that is riskier, such as “creampie” (internal ejaculation) or gay male “bareback” (unprotected anal sex) – and producers of these niche porn films will often pay significantly more than more mainstream producers will pay. This is a lure for people who aren’t established in the porn industry, and who are willing to take more chances with their health.

- Actors and actresses often change their off-screen behavior because of their on-screen employment; some stars only date within the porn industry, and others require barriers for all non-industry partners. Seeing someone having on-screen unbarriered sex, then, is not necessarily an indication that they’re using barriers on their personal time, as well. For most actors, the desire to keep their bodies healthy and in good shape (both in appearance, and sexual health-wise) leads them to make choices for themselves to enable them to continue working. After all, if you find a job that you like and that pays you well, you’d want to keep it as long as you could, right?
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Throw into the mix the issue of the California Occupational Health & Safety Administration. Cal/OSHA’s laws about bodily fluid exchange are obviously being broken. However, some feel that if the industry were to be more tightly regulated in California (following OSHA guidelines), it would drive many mainstream companies out of business and would lead to more underground filming. AIM and the testing standards that are followed in the industry would no longer be standard practice, which might ultimately result in losing safety precautions that are currently in place.

Cal/OSHA’s website clearly states that the blood borne pathogens standards require “employers to use feasible engineering and work practice controls to protect workers from coming into contact with blood or other disease-carrying body fluids”—including semen and vaginal fluids. They detail various examples of how to do so, including simulating sex acts though acting and post-production, ejaculating outside of the orifice in question, and the use of condoms and dental dams. OSHA also states that employers may not discriminate against any worker who complains about unsafe working conditions, which means that actors who request condoms and are suddenly dropped from call lists could conceivably choose to bring complaints forward and put to the industry. During the 2004 outbreak, Cal/OSHA followed up on complaints by investigating and fining two production companies for failing to comply with bloodborne pathogen standards. During the past week, Cal/OSHA has reportedly visited the AIM offices, and plans, as of this writing, to subpoena records to determine which producer hired the infected actress.

So, what is the future of the porn industry? Likely to not change, in the long run. Apparently the current outbreak is due to one actress, who was not tested prior to performing after more than 30 days since her last test. Whether the production company chose to not check the database, or to ignore the “past due” testing status, or whether there was actual lying involved on the part of the actress, has yet to be ascertained; what we do know is that over the 11 years since AIM came into existence, a total of six performers have tested positive, according to AIM (who reported an additional 12 people that they noted were not adult industry performers)—and that is without any industry-wide standards that regulate the use of any barriers (including condoms) for what are unquestionably high-risk activities for STI transmission.

The adult industry is run on trust—handshake agreements that everyone is supposed to abide by, yet, obviously, not all do. In a perfect world, trust would be enough—the actors trust the production companies to watch out for their collective health, the production companies trust the actors to be truthful and practice safer sex. But, with that trust showing signs of abuse, is trust enough for porn stars to risk their lives on? And even if they are willing to do so – is it ethically and morally responsible for an industry that is based on the marketing of fantasy to put that fantasy before the potential for disease that they expose their own workers to? Do we, as a society, really need for our porn to be made and marketed in a bubble of faux safety, where we simply don’t see any indications of responsible sexual practices? Or is it past time, as some commentators believe, for the porn industry to reflect safer sex practices in a demonstrable way, not only encouraging healthier behavior for consumers but also protecting the health of actors and actresses in the industry. ]