When a porn shoot turns into sexual assault

[darckson]

Disclaimer this is not legal advice and I'm not accredited to practice law in that area.

Yeah, for multiple reasons even if he can raise tte legal question i doubt that he got a viable case. i don't want to be mean but i will try to be direct without trying to enter in the law. But he should always seek qualify counsel accredited to practice law where this happened in that type of situation and get a legal opinion ( here it is not the case).

Without going to specific  i don't think he could in civil or criminal court. Even without prescription, In civil he would still have to prove that he not only hi but so hi that he couldn't consent or take away is consentement. Then convince a judge or jury of that, then there the question what and when did he consume. It the substance was illegal one not only are admitting to it but also you can't sue for illegal action you where part in ( ex : sue someone cuz they stole your drug) then prove the the company knew or should have known that you couldn't consent even if you come by your own will to film. By that i been someone can drink but quantity to legally say (very hard to prove after the facts without medical test / one could allege multiple others reason the someone could look Hi or drunk ) they couldn't consent varies i doubts where ever that was flim there a law about that like for drunk for exemple. Then the studio defense no only is there a contract they can say it was all fake, or simulated etc.

Unless witness actually come forward but i doubts they will because the only witness could be potentially implicated and they could say they don't remember or they did have medical expertise allowing them to notice the situation etc. Worse they might use other porno by him or others to show such simulated thing or those behavior or normal in the industry or that this actor is always in that zone. They will mostlikely use his personal life and situations ( ex drugs use, criminal conviction, prostitution claims , debts etc) against him to bring doubts on his side of the stories and paint him as only wanting other paycheck.

Criminal law is even more unlikely and harder to prove. Plus i think depending on local law, they couldake the argument that the person doing the alleged "crime" is the other actor and the rest could only be seen as complicit but then they can use the contract and the rest as a defense.

Even if he manage to convince a judge or jury looking at a gay movie about raw and hard sex as an possible actual rape ( i can't ese them sympathizing with him especially if he did multiple movie in this type, took the money after the fact, or if he got a reputation for using drugs ) then there always the question if the contract do don't plan for mediation  and there always the old tactics  of dragging the issue for years  by the company so to kill the other person under debts.

I doubts i free clinic is equipped to deal with those type of cases, maybe a lawyer or firm would take it on for a cut of the settlement. But finding a lawyer could help him see what type of solution is open to him, how much and how long it would last and if that what he want.

[seaguy]

10 hours ago, Kimberley said:

I remember this girl, she wasn't like it at all and was really mad as you see in the end of the video. could laugh about it..

[think before following links] [think before following links] https://nl.xhamster.com/videos/extreme-gokkun-unknown-girl-1785419

WTF does this video have to do with this?

[Kimberley]

1 minute ago, seaguy said:

WTF does this video have to do with this?

she isn't like it, seems to me as sexual assault to me. want to stop but the director won't let her

[Naruto]

On 9/28/2021 at 8:17 AM, Cumswap24 said:

Am i the only insensitive fucker who wants a link to whatever video this is

Someone post a link.  I think we need to see what he's talking about 

Edited September 29, 2021 by Interceptor

[PigFaggot2904]

1 hour ago, Interceptor said:

Someone post a link.  I think we need to see what he's talking about 

Someone suggested it might have been one of the "Fucktard" scenes; I wonder if it was this one?   

**DISCLAIMER:**  I have NO idea if this is truly the scene in question, since the original poster didn't provide those details.  I am not suggesting it is this scene, but it would seem to make sense, based on everything that has been described.  It is very uncomfortable to watch and definitely seems as if consent was violated.

[think before following links] https://timstore.treasureislandmedia.com/bad-seed-scene-11-touch-of-evil/

[PigFaggot2904]

10 minutes ago, PigFaggot2904 said:

Someone suggested it might have been one of the "Fucktard" scenes; I wonder if it was this one?   

**DISCLAIMER:**  I have NO idea if this is truly the scene in question, since the original poster didn't provide those details.  I am not suggesting it is this scene, but it would seem to make sense, based on everything that has been described.  It is very uncomfortable to watch and definitely seems as if consent was violated.

[think before following links] [think before following links] https://timstore.treasureislandmedia.com/bad-seed-scene-11-touch-of-evil/

Should also add, the "Bad Seed" film was released in August 2013.  So it fits the timeline the Original Poster (OP) mentions--10 years ago.  Unsure when exactly the scenes were shot, let alone how long it took to edit the film before it was released.

[darckson]

5 hours ago, Kimberley said:

she isn't like it, seems to me as sexual assault to me. want to stop but the director won't let her

Yeah no, she want to stop but she decided or let her self be convinced not to stop, she isn't being forced or threatened in any way except maybe not being pay for not completing her job/contract. That a bad experience for sure but that was her choice. Having regret afterwards do not constitute sexual assault even if most people are inconfortable with what happening in front of them, as an adult she should have Taken away her concent and walked away.

Edited September 29, 2021 by darckson

[Kimberley]

1 minute ago, darckson said:

Yeah no, she want to stop decided or let her shelf being convince not to stop, she not being forced or threatened in any way except maybe not being pay for not completing her job. That a bad experience for sure but the was her choice.

i think she had no choice, she wasn't expected so many guys and cum. think her agency wasn't clear about the shoot she was getting. the filmer is also rude to her what isn't really a normal thing i think

[darckson]

Just now, Kimberley said:

i think she had no choice, she wasn't expected so many guys and cum. think her agency wasn't clear about the shoot she was getting. the filmer is also rude to her what isn't really a normal thing i think

Then she should have left, that the reason there legal age there a assumption that your mentally capable of judging the situation and leave if your uncomfortable with it and if they stop you from leaving then or continue when you made it clear you need it to stop then i can be look at as sexual assault here at best she say or think it to much but accept to try we the guy ask her to continue but when others try to touch her hair she assertive and say no and they stop which so me that she still in capable of stopping the situation if she wanted to. 

[raw773]

On 9/28/2021 at 5:24 AM, jsunpdx said:

Seeing the video recently only made him more convinced that what happened to him was a crime and he would like to hold the people involved responsible and have them answer for what they've done. If anyone has any ideas, please send me a message or reply here. We would both appreciate anything you may have to say to help him move forward with what he wants to do.

The statute of limitations on a civil case ran out. The most obvious tort is battery -- an offensive and unwanted touching. You have 2 years in California.

There's no contract claim to be had on the continued sale and streaming of the video. The contract was: I'll have sex on film, and you'll pay me. That contract was performed. Also, the statute of limitations ran out on that, too.

It's hard to see how any prosecutable crime was committed here. It's not rape if you consent. You can always withdraw consent but in some cases, even an intoxicated person can consent. A jury would have to look at the reasonableness of the performer to continue the sex (by the way, that's who the clearest criminal defendant is: the guy who fucked your friend, not TIM). Going forward with this is a decision left to prosecutors who, as others have said, will not likely jump to prosecute a 10-year-old porn scene when they have plenty of recent crimes to deal with in contexts that aren't so factually murky. Getting evidence and witnesses this much later will be a huge problem.

Blue Bailey is cute and smart. 🙂

I am sorry your friend feels so traumatized and went through the experience. Sometimes the law doesn't provide a remedy and the best thing to do is try to move on. This may be such a case.

[Guest PigBruderChi]

On 9/28/2021 at 6:25 AM, seaguy said:

Blue Bailey the porn star is an attorney in real life [think before following links] [think before following links] https://www.queerclick.com/qc/2021/02/former-porn-star-blue-bailey-is-now-practicing-law-as-stephan-ferris.php You might want to try contacting him for advice?

He used and still works for Treasure Island Media. He wont help. 

[Guest PigBruderChi]

1 hour ago, raw773 said:

The statute of limitations on a civil case ran out. The most obvious tort is battery -- an offensive and unwanted touching. You have 2 years in California.

There's no contract claim to be had on the continued sale and streaming of the video. The contract was: I'll have sex on film, and you'll pay me. That contract was performed. Also, the statute of limitations ran out on that, too.

It's hard to see how any prosecutable crime was committed here. It's not rape if you consent. You can always withdraw consent but in some cases, even an intoxicated person can consent. A jury would have to look at the reasonableness of the performer to continue the sex (by the way, that's who the clearest criminal defendant is: the guy who fucked your friend, not TIM). Going forward with this is a decision left to prosecutors who, as others have said, will not likely jump to prosecute a 10-year-old porn scene when they have plenty of recent crimes to deal with in contexts that aren't so factually murky. Getting evidence and witnesses this much later will be a huge problem.

Blue Bailey is cute and smart. 🙂

I am sorry your friend feels so traumatized and went through the experience. Sometimes the law doesn't provide a remedy and the best thing to do is try to move on. This may be such a case.

Blue bailey still films for TIM. He wont help them because he will lose his secondary income. 

[Shotsfired]

This seems to be a problem not only ar TIM as I remember a scene where Michel Lucas pretty much forces him on Richie Fine.