(1987) The Celestial Bed (17 page)

Yet, Freeberg had seen, there was no recklessness in Lewis’s behaviour. He would not undertake a legal action unless he was almost certain that he would win it. He was no fool. In politics, you had to win. A no-win case would get him nowhere. So it all came down to what Kile had been researching since yesterday, and his findings would guide them in making the final decision. If Kile decided that Lewis had a strong case, and Freeberg a weak one, then Freeberg would have to shut up shop in Hillsdale, and the aftermath would be that he’d have nowhere else to go in California. True, he could still retain his clinic, and work as one more less-than-effective sex therapist, and somehow survive, but it would be sad, very sad, to deny so many decent needy persons a positive cure.

In their booth in La Scala, they were both drinking martinis, the subject of their meeting still unvoiced.

‘I really did a lot of running around yesterday and today,’ Kile had stated at the outset. ‘I’m bushed. Let’s have a pick-me-up drink first, then order, and after that we can talk.’

They drank and talked about personal matters. Freeberg discussed his wife and son. Kile, a bachelor, with the regular features and jutting jaw of a virile male featured in cigarette ads, discussed a new girlfriend, a buyer at Saks department store, and some corporate cases his office had undertaken. During this delaying action, the Caesar salad they had ordered came and was served. As Roger Kile finished his salad, he reached down to the side of the booth, hoisted his briefcase onto the seat, and rummaged inside until he had found a dozen or so file cards. He placed them beside his butter plate, but before he could consult them, his breaded veal cutlet was served and Freeberg’s dish of spaghetti al carbonara was set down before him. Once the waiter had left them alone, Kile took up his file cards.

‘OK, Arnie, let’s get right into Priority A,’ said Kile. ‘You gave me a good list of people to telephone and visit. Each one was cooperative when they heard you were involved and what Lewis was threatening.’

‘You told them?’

‘Why not?’ said Kile. ‘The medical experts and surrogates you sent me to are themselves threatened, if you are threatened. They all have a stake in what’s happening to you. They were, every one of them, indignant, and then helpful.’

Freeberg poked at his heap of spaghetti. ‘How helpful, Roger?’

‘Well, for one thing, I learned a lot more about what you do,’ said Kile. He sliced into his veal and began to munch the pieces. ‘It’s clear to me that a female sex surrogate in no way functions like a prostitute.’

‘Didn’t you know that already?’ asked Freeberg.

‘I had to hear it again from someone else, from others with expertise who were not immediately involved. Yes, I have no doubt that a professional sex surrogate possesses motivation and attitudes quite different from the average prostitute’s. And a sex surrogate’s goals are vastly different from those of a prostitute. A sex surrogate wants to repair her patients, and she feels she has succeeded only when her patient can make it normally with other women.’

‘Roger, I told all that to Hoyt Lewis yesterday,’ Freeberg said impatiently.

Kile ignored him. Chewing his veal steadily, Kile was going through his file cards once more. ‘You’ve got a lot of people on

your side, no doubt about that. Here’s a statement by the head of the Human Resource Developers Clinic in Chicago — ’

‘Dr Dean Dauw,’ said Freeberg.

‘Yes, Dauw. He says flatly: “In no way ace surrogates prostitutes … If a man is impotent and unmarried, how can he be treated without the help of a woman? She has to be someone who cares about helping people, but definitely not a prostitute. Prostitutes often hate men and are motivated by money.” I like that.’

‘It’s true.’

‘At the same time,’ Kile continued, ‘there are an awful lot of experts, therapists, psychiatrists, not on your side. They feel, by and large, that sex surrogates are ill-trained and unregulated. And also, generally, under a constant legal cloud because their profession is so undefined. Here we have the Massachusetts Psychological Association banning the use of surrogates altogether, and for the reasons given.’ He shuffled through his cards. ‘Many therapists tend to quibble somewhat. Like Dr Helen Kaplan, director of a sex therapy programme at New York Hospital’s Payne Whitney Clinic’

‘She’s highly respected,’ said Freeberg.

‘Well, she seems to be on both sides, but less on your side. She says, “Lonely people can be helped by surrogates, but I would try to work in psychotherapy to figure out why the person is so lonely. We have to get humanity and eroticism back into bed. You can’t do that if you pay someone $100 to go to bed with you.” ’

‘Is that helpful to me or to our District Attorney friend?’

Kile put aside his cards, and smiled. ‘I’m sure Hoyt Lewis will use stronger stuff against you, if he has to.’ Kile was thoughtful a moment, as if remembering something else. ‘There’s one more factor weighted against you, Arnie. The judiciary, it seems, has an unspoken prejudice against sex surrogates.’

‘What do you mean?’

‘I mean this. I was talking to a fellow attorney who had handled a divorce case in Burbank. My friend was representing the wife, a mother of two children, whom she had in her custody during the action. Somehow, her estranged husband learned that his soon-to-be ex-wife was doing part-time work as a sex surrogate, even though she did none of her work at home or near the children. The husband contacted his lawyer, who went straight to a judge to get

an ex parte order, one without a full hearing, and the judge immediately took custody of the children away from the wife and gave it over to the husband. My lawyer friend and I felt that was a poor judicial decision, but it did show that out in the real world you don’t always get good judicial practice or even legal fairness.’

‘You’re not making me feel good,’ mumbled Freeberg.

‘I’m just trying to tell you that some prejudice does exist.’

‘Roger, why don’t you get down to it?’ Freeberg shoved his plate of spaghetti away from him. ‘Where do I stand?’

‘That’s next on the agenda. I was right about what I guessed while talking to you on the phone. This is a political matter. Hoyt Lewis is looking for the main chance. He thinks he’s found it. He has some powerful people behind him, promoting him, no doubt urging him to proceed against you.’

‘Who are they?’ Freeberg wanted to know.

‘The best known is a prominent clergyman, the Reverend Josh Scrafield, who’s against all sex education in schools and thinks a sex therapist like yourself can contaminate his fair community. We get him on the telly here in LA. He does a big number.’

‘That yo-yo,’ Freeberg said with disgust. ‘Surely Lewis isn’t taking him seriously?’

‘I’d guess seriously in only a political sense. Scrafield knows how

to win friends and influence people. He has a tremendous audience to whom his word is gospel. Nice person to have in your corner if you want to get ahead.’

Freeberg nodded unhappily. ‘So what does that add up to?’

‘Those are intangibles,’ said Kile. ‘The only tangible to consider is the law.’

‘I gather.’

‘The law in California is very specific in defining the crimes of pandering and prostitution. But there is no hint of anything about sex surrogates. There we are in muddy waters. In certain states, like Connecticut and Arizona, any sexual interaction for pay is prostitution. But not in California. Sex surrogates are not against the law here. Nor are they specifically permitted, either. Surrogates are not licensed. If they were, that would be of help. You know, Arnie, that doctors and psychologists are licensed here. If Hoyt Lewis makes that point — that sex surrogates are treating disorders and therefore practising medicine, or performing as psychologists,

without licence - he would have a stronger case. Although, actually, since both medicine and psychology are so broadly defined, that point might not be meaningful if used against surrogates. Besides, railing against unlicensed practitioners is pretty dull stuff. It’s nothing to capture the public eye. Pandering and prostitution are other matters, and that’s why Lewis settled on them.’

‘So where am I?’ Freeberg pleaded. ‘Tell me where I am.’

‘We’ve come to the crux of it, and in my opinion you are on the safe side,’ said Kile without hesitation. ‘The law defines prostitution as “any lewd act between persons for money”. Yet a trained sex surrogate, advised by a licensed expert in mental health like yourself, should not be liable to a charge of prostitution. Your surrogate could present in court real solid evidence of her intent and work. She could show documents, plans, programmes, notes, all kinds of actual records to prove that she is engaged in legitimate therapy, and not in performing a ‘lewd act’ for money. She could prove that she is simply an adjunct to acceptable talk therapy.’

Behind his spectacles, Freeberg’s eyes had widened. ‘You mean the law is really on my side?’

Kile smiled. ‘No question in my mind. The law prohibits promiscuous conduct. The intent of the law is clearly to prevent commercialised vice which could damage individuals, families, society. I don’t see any of that in a sex surrogate’s activities. The surrogate’s intent is to rehabilitate suffering persons from clinically diagnosed sexual dysfunctions. The work includes no promiscuous conduct whatsoever. The surrogate’s work is meant to be physically, emotionally, and economically constructive for individuals, families, society.’ He paused. ‘In short, my friend, the District Attorney doesn’t have much of a case at all. In my judgment, he has a weak one at best. You have a better case, and so do I on your behalf.’

‘You mean that?’

‘I certainly do. Lewis can’t go to court successfully without some real eyewitnesses to lewd behaviour performed by your surrogates. Where’s Lewis going to get those witnesses? You have a limited circle of surrogates working under your careful supervision, and a small number of patients you’ve thoroughly screened, and not one of them would ever consider defecting to the

District Attorney’s side to land you and one of the surrogates in the slammer. Every possible witness is on your side.’

‘I’m sure of that.’

Kile opened his hands and gave a confident shrug. ‘There you are then. I’d say you are home free.’

Freeberg’s face had brightened, and the cords of tension standing out on his neck had relaxed. ‘You mean I can go on like before?’

‘Not like before, but work even harder at it. Keep up with the surrogates. Take on more and more patients. Accumulate and build up bigger success statistics. If Lewis is ever fool enough to take us to court, you’ll have this wonderful evidence to present. Actually, I think we’ll want Lewis to learn of your success record sooner than that, in due time along the way. Knowledge of your work successes will probably give him pause, and probably prevent him from taking you to court.’

‘How do I handle Hoyt Lewis? I’m supposed to give him my decision within a week.’

‘You give him nothing. I’ll take over with him from here. I’ll let him stew up to the last minute, while I sit on my hands. Then I’ll phone him or call on him. Tell him to do what he wants to do, but that he doesn’t have a chance. You are proceeding with your practice.’

‘Doesn’t he?’ said Freeberg.

‘Doesn’t he what?’

‘Have a chance?’

Kile shrugged again. ‘I don’t think so, but who knows? In American justice there are usually two sides. Sometimes the weaker side can be lucky. But if I were you, I’d go right ahead as if nothing had ever happened. No need to worry your surrogates about this. Just go right ahead … Now, Arnie, I recommend their chocolate sundaes here for dessert. The topping is like a celebration.’

Even as she stood fully dressed outside the shower in her bathroom and reached in to test the spray with one hand to feel if it was warm enough for their next exercise, Gayle Miller’s mind was not on Adam Demski undressing in the therapy room but on her brief meeting with Dr Freeberg early this afternoon.

Freeberg had summoned her to review Demski’s case again.

This was odd, because there had been thorough discussions of it before and after every session with Demski. Still, compulsively, Freeberg wanted to go into it all again, as if to be certain it was progressing successfully.

‘So, anyway, you feel he’s a little more comfortable about being unclothed?’ Freeberg had asked.

‘The first time, before the body imaging, he was reluctant, definitely uptight,’ Gayle had replied. ‘But he managed it and even seemed to relax a little. When he had to undress for the back caress the day before yesterday, I thought there would be some difficulty, but he went through with it and he was considerably more at ease during the exercise.’

Freeberg bent over his open folder. ‘Gayle — ’

‘Yes?’

‘Any indication of some erectile movement?’

‘None whatsoever, Doctor. Continues flaccid.’ She had paused. ‘Maybe it’s too early.’

‘You’re probably right,’ Freeberg had agreed. ‘What’s next on the agenda? It’s the shower nude, isn’t it?’

‘Correct. Later this afternoon.’

Freeberg’s gaze had fixed on her. ‘Don’t get me wrong, Gayle. I don’t want to rush this case. I’m only trying to say I want you to keep going with him at a reasonable but steady pace. The most important factor is the result. I’m hoping for a real success with this one.’ He had hesitated. ‘It would get us off to a good start in the clinic’

‘I’ll do my very best, Doctor.’

Thinking back on that, her hand adjusting the shower’s hot and cold knobs, she still sensed a feeling of pressure from Freeberg. He wanted the case to move along fast, yet thoroughly. Above all, and this was the first time he had ever spoken to her about a result, he wanted the treatment of Demski to be successful. It seemed a needless request, and she wondered why it had been emphasised. She speculated on what was going on in Freeberg’s life. Was he himself under some kind of pressure - either to prove himself or put down some anticipated competition?

And the question about Demski’s erectile progress. That was definitely tied up with the need for success. Never before had Freeberg posed the question this early in the exercises.