Low Point In High Point

The North Carolina State Bar accepted a three-year suspension of an attorney with the possibility of reinstatement after 18 months on these facts:

On the early afternoon of Thursday, October 19, 2017, at approximately 1 :30 p.m., Defendant visited the Goldston Park area (“park”) near Cassell and South Elm Streets in High Point, North Carolina for the purpose of engaging a prostitute for the performance of sexual services.

At the park, Defendant stopped his vehicle near C.H. (“C.H.”), a prostitute, and asked her if she was “working” that afternoon.

C.H. was not Defendant’s spouse.

C.H. and Defendant agreed that C.H. would perform a sexual act as defined in N.C. Gen. Stat. § 14-27.20(4) in exchange for the payment of money.

With C.H. as a passenger in his vehicle, Defendant proceeded to an automated teller machine (“ATM”) at a nearby bank where he withdrew money in order to pay C.H. for the sexual act.

C.H. then directed Defendant to her residence where C.H. performed the sexual act on Defendant.

Defendant engaged in the sexual act for the purpose of sexual arousal or gratification with a prostitute.

After C.H. performed the agreed upon sexual act, Defendant argued that he owed C.H. an amount lesser than agreed.

C.H. threatened that she would claim Defendant had raped her if he failed to pay her as agreed.

Defendant became emotional, telling C.H. to “name [her] price.”

C.H. responded that she would accept a larger amount of money to leave Defendant alone.

Defendant told C.H. he did not have the money on him but would return to the bank’s ATM to obtain the necessary money.

Defendant, C.H., and C.H.’s male housemate got into Defendant’s vehicle and drove to the same ATM.

Defendant withdrew additional amounts of money and gave C.H. the cash in payment.

Defendant then returned C.H. and her housemate to the area near C.H.’s residence.

During her encounter with Defendant, C.H. never brandished a knife to rob or sexually assault Defendant.

According to C.H., she did not engage in vaginal sexual intercourse with C.H.; Defendant maintains that he and C.H. did engage briefly in vaginal sexual intercourse.

By Defendant engaging in the sexual act with C.H., a prostitute, for the purpose of his sexual arousal or gratification, Defendant committed the crime of patronizing a prostitute in violation of N.C. Gen. Stat. § 14-205.2(a)(1).

On that same Thursday, October 19, 2017, at approximately 7:50 p.m., Defendant falsely reported to the High Point Police Department that he had been the victim of a robbery and sexual assault by an unidentified prostitute earlier that same afternoon.

In his police report to the investigating officer, Defendant falsely informed the officer about the reason he had visited the park near Cassell and South Elm Streets in High Point.

Defendant also falsely reported to the investigating officer the following:

that the unidentified prostitute had asked him for a ride and exposed her breasts to him; that Defendant had asked the unidentified prostitute to exit his vehicle; that the unidentified prostitute had brandished a knife at him and told him he owed her money but refused to exit Defendant’s vehicle until he paid her; and, that at knife point the unidentified prostitute ordered Defendant to drive her to her residence.

 Defendant also reported to the investigating officer that after entering C.H’s residence and her performing a sexual act on him, the unidentified prostitute attempted to have sexual intercourse with Defendant against his will during which there was partial penetration.

Due to their conflicting accounts, whether Defendant and C.H. engaged in vaginal sexual intercourse cannot be substantiated, and therefore it is unclear whether Defendant made a false statement to the investigating officer about C.H. attempting to have vaginal sexual intercourse with him against his will during which there was partial penetration.

(Mike Frisch)