Dustin filmed the explicit tape with ex boyfriend Jeff Delancy and showed the former couple having unprotected sex.
Dustin released a statement expressing his embarrassment over the intrusion of his privacy. He said: ‘It is unfortunate that individuals are trying to profit from material which is clearly private.'
The gay rights activist added: ‘More important is the misleading message the images send.’
Dustin won an academy award in 2009 after writing the script for ‘Milk.’ The film, starring Sean Penn (who also won an academy award for his performance), tells the story of Harvey Milk, a gay rights activist who was tragically shot after becoming the first openly gay man to be elected into public office.
Stills of the sex tape were printed on gossip sites following his Oscar win, but the full tape has now become available since his profile was raised further following his rumours surrounding his relationship with the 19-year-old Olympic diver.
Tom revealed in a youtube video that he is in a relationship with a man. He did not mention the name of his newfound love, but it has been highly speculated that Dustin is the lucky man to have captured Tom’s heart.
The tape has since been removed from gossip sites after Lance filed a £1.8 million lawsuit.