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According to Mr. Marcus’ attorney Martin Cutler, if a performer contracts HIV on a porn set, they have no cause for legal redress. Sounds insane?

But that’s exactly the argument Cutler puts forth in the Lylith Lavey lawsuit. Lavey is suing Mr. Marcus for emotional distress stemming from their sexual encounter on a Bang Bros. set, June of last year. Marcus hid the fact that he was second stage syphilis.

Cutler says, “In my 24 years of practicing law, I have never seen a more frivolous case against a defendant than this one. There was an assumption of risk in the case of the shoot. She’s a porn actress — she knew what she was getting into.”

By Cutler’s standards, if Marcus succeeded in giving Lavey syphilis or any other kind of infectious disease, it’s the el tough-o shit-o ruling, a long held standard adopted by Mexican law. The way I’m reading it, Cutler’s remarks also include the fact that if a performer’s not informed that the person their working with has HIV, they have no legal grounds because it’s an assumed risk.

Never mind the fact that Cutler’s client knowingly lied about his condition; never mind that Marcus’s explanation of his spotted dick keeps changing and never mind that Diane Duke and Free Speech effected a story to gloss over Marcus’ behavior.

I’ve been saying all along that Free Speech cares not one wit about performers. Cutler’s callous remarks only illustrate what I’ve been saying.

Boy, is this going to be fun.