to video or not video an encounter?

[Guest BreedingCameraman]

This is one of the exceedingly few times where, as an avid fuck film maker, I would actually have to hesitate for a moment and think about this scenario that is being proposed. There are a number of concerns that something like this type of situation brings forth, and unless they are all adequately addressed and dealt with prior I would have to say no.

First and foremost, what will the bottom being pozzed up be doing in this video? Will they be begging for the top for their poz loads? Will they just be laying there and either be passed out or pretending to be? Or will they perhaps be role playing that they are being forced to take the top’s loads while seemingly trying to get away from them? This one factor of discussing what the bottom will be doing before the cameras are rolling can drastically change how the film will eventually be perceived, and especially so should it ever see the light of day beyond the intended small audiences it will be originally filmed for. As unsexy as I know it sounds, the top and bottom both should appear in a disclaimer of sorts before the video actually starts to explain how the sex scene coming up is with two (or more) willing participants who are both aware of each other’s statuses, as well as mentioning that they both agreed the risks involved with it all. As an added precaution to help protect the top from any backlash that they might end up facing because of this, I would also recommend that all parties involved sign and agreement/contract of sorts that would include all the basics required - all participants are of sound mind and reasoning, all participants take responsibility for their own actions no matter what the results end up being, etc. - for there to be no doubts in anyone’s mind that the bottom truly wants to take the load(s) of however many men are present for the filming that are both HIV+ and have a detectable viral load.

If any of the above mentioned criteria are not met, then if I were in the top’s position I would have to decline recording it. I might be paranoid about these types of things, but I’m also attempting to look at this from a legal standpoint. For example, let’s say that, for whatever reason later on down the road, the bottom decides that he regrets the decision that he has made in converting to being poz. Without all those disclaimers and signed agreements, the bottom could potentially attempt to sue the top(s) for exposing him to HIV, and if the video had been filmed as a pseudo-rape film then everyone that participated in the film - including the cameraman - could, and likely would, be charged with rape or being an accessory to rape. Is all of this going too far in terms of legal security? Probably, yes. But I’d rather have a bunch of annoying paperwork to fill out than being locked up for what could be years for being involved in something like an actual rape.

That’s my opinion on this matter. Thoughts, anyone?

[ErosWired]

@BreedingCameraman - The reason making a video record of a Top intentionally infecting a bottom with HIV is mot a good idea is that it is evidence of a crime. And it’s not just a civil offense for which the other person could sue for damages (though that could happen too) - it’s a crime against the state. The state has a vested interest in the defense of its citizens, the keeping of good order, the prevention of the spread of disease in the community, and so on. That’s why if you were to commit suicide by hiring Big Louie to slit your throat, Big Louie is still going up for murder regardless of the contract you signed giving him permission to do it. An individual cannot waive a law passed by the state to protect him; the law is the law.

 In the case at hand, I am not aware of any jurisdiction in which it is legal to knowingly poz someone, giver/chaser desires notwithstanding. The degree to which it is condemned may vary - felony in some places, misdemeanor in others - but society as a whole prohibits it everywhere.

[Yes]

5 hours ago, ErosWired said:

 In the case at hand, I am not aware of any jurisdiction in which it is legal to knowingly poz someone, giver/chaser desires notwithstanding. The degree to which it is condemned may vary - felony in some places, misdemeanor in others - but society as a whole prohibits it everywhere.

I don't think this is necessarily the case. 

Here is somewhere to start to look up particular jurisdictions if you want to check where you are: [think before following links] https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV

I searched for info from Canada because it's the system I am familiar enough with. Most of the legal shit up here has been surrounding disclosure of being poz before fucking. If someone knows they are poz and they are going to engage in a sex act that could reasonably transmit, do they have to tell the other person their status? That's as far as it goes. I've never heard anything that having discordant sex is illegal if it's consensual.

"In 2012, the Supreme Court of Canada (SCC) held that the criminal law imposes a duty on a person to disclose HIV positive status before sexual activity that poses a “realistic possibility of transmission” so that the HIV negative sexual partner has the opportunity to choose whether to assume the risk of being infected with HIV."

Fact Sheet – HIV Non-Disclosure and the Criminal Law. From: Department of Justice Canada [think before following links] https://www.canada.ca/en/department-justice/news/2017/12/fact_sheet_hiv_non-disclosureandthecriminallaw.html

In context of OP question, I speculate, a video recorded of two clearly consenting people would be evidence of lots and lots of consent and would immunize the top against any later claims otherwise. 

My understanding of this is also related to laws about kink/BDSM as to what counts as "assault" under what circumstances. Here is a Wikipedia on the subject: [think before following links] https://en.wikipedia.org/wiki/BDSM_and_the_law I haven't read the whole page but I do know the UK does not allow someone to consent to physical injury and it's the closest to what you describe that I'm aware of. 

If there is a video, you may want to get a full copy for yourself immediately. Both for later viewing fun and in case there was a problem. 

There is no such thing as a private video on a computer or device connected to the internet. Many people have syncing turned on. There are breaches all the time so anything can end up online. But then technically the top (and possibly the bottom depending who but them up) would be the victim. 

But don't take my word for any of it. I'm just some jackass on the internet. 

[ErosWired]

7 hours ago, Yes said:

I don’t think this is necessarily the case. 

I stand corrected, for which I thank you (I also am just some jackass on the internet).

 It appears “everywhere” was incorrect. In barbarous, uncivilized places like Russia you may apparently poz anyone you want with impunity (but they’re capricious, and they have gulags), and in Thailand any applicable law would be very weak.

Elsewhere, it does appear that consent may offer a means of defense, but In every jurisdiction I read about the law also addressed the infliction of “grievous bodily harm” on another person, including infection with disease. I still maintain that an individual cannot consent to grievous bodily harm, and even if you went to the extents to prove consent that @BreedingCameraman suggests, the bottom could still claim to have been coerced into doing it.

 I am not, however, an attorney. To be safest, the OP should find a lawyer and ask this question. But I know some lawyers, and the way they think, and I can pretty much predict that a lawyer’s counsel is going to be don’t.

[Yes]

The other thing that comes to mind is how many medical studies about HIV transmission have been based on sero-discordant couples having barrier-free sex. I really think it would be difficult to get ethics approval for a study which was predicated on "grievous bodily harm".

But who knows. There is no "justice" in the so called "criminal justice system". Mostly it matters how much power you have.

What I don't really understand about this whole thread is how the fact that a video exists makes any difference whatsoever legally. It isn't possible to take a video of actual seroconversion. That's happens in the body. It's just a video of two people having sex and talking up a fantasy. it's not illegal to have a fantasy, no matter how uncomfortable it may be for someone else. If the other guy gets pozzed how will it be possible to trace it to this single event? And if it is possible, what difference does the video make? There's probably already a river of evidence in the form of messaging logs. And the impression I get from this forum is that lots of others are in that same situation.

If folks are so concerned about this, I doubt the video makes any difference. Maybe it would be a good idea to consult legal advice. I know in Ontario a good place to start would be HIV & AIDS Legal Clinic Ontario [think before following links] https://www.halco.org/ but I dunno about elsewhere.

[ErosWired]

1 hour ago, Yes said:

What I don't really understand about this whole thread is how the fact that a video exists makes any difference whatsoever legally. It isn't possible to take a video of actual seroconversion. That's happens in the body. It's just a video of two people having sex and talking up a fantasy. it's not illegal to have a fantasy, no matter how uncomfortable it may be for someone else. If the other guy gets pozzed how will it be possible to trace it to this single event? And if it is possible, what difference does the video make? There's probably already a river of evidence in the form of messaging logs. And the impression I get from this forum is that lots of others are in that same situation.

That’s an excellent point. I imagine that the video would become more dangerous as corroboration that the events discussed in the messaging logs, and other information, did in fact occur.

I’m just speculating about all of this. The OP presents an interesting question, and if I were in his situation it would exceed my risk threshold.

Edited March 11, 2020 by ErosWired

[Ozpig]

if my top or sex parties I attend want to photograph, film or live stream I am all good with that. I have absolutely no inhibitions to being watched when I am servicing cock 

[120DaysofSodom]

I’m a huge exhibitionist and love it!