Right now, things are not looking good for Rockstar. An ESRB investigation is a pretty serious matter and if indeed it is proven that the producers are the ones responsible for the presence of the pornographic scenes, the consequences will be drastic.
On the other hand, it's unlikely that Rockstar implemented such content into Grand Theft Auto, because although the game is trying to depict as realistic as possible the gangsters' life and the harsh realities from San Andreas, those who've played this title could
have easily seen that a certain amount of censorship is present in the game.
For example, although several of the characters involved in the plot smoke marijuana or use other drugs, the main character, CJ, constantly refuses any offer to share a joint.
The changes from Grand Thef Auto are not difficult to make and not long ago, a team of programmers developed a Multiplayer mode that worked on Grand Theft Auto III and Vice City and had announced that they were working on a project that would achieve the same thing for the last version of Grand Theft Auto.
Rockstar is not the only party to suffer if it doesn't succeed to prove that it's not responsible for the HotCoffee mode. ESRB might get caught in the crossfire of the associations that militate against violence and pornography in games.
This incident might question the very rating system and ESRB might have to rethink it, although it's hard to believe in what way somebody would be able to tell whether there is hidden content in the game or not, or whether there is a mod able to unlock certain scenes.
Anyway, the scandal will not go without consequences and ESRB will be much careful when rating titles. Let's hope that Rockstar hasn't included any pornographic content, otherwise the DVDs with Grand Theft Auto have all the chances of becoming collectors' items.