Hunter had been listening to Gayle with new interest.

Smiling, Freeberg resumed once more. "Now, let's review the design of your therapy, how we're going to work together."

The three-way session went on for another hour, as Freeberg probed into Hunter's background and sexual history and finally determined that Hunter could begin his first meeting with Gayle at her place later that afternoon. Further intensive sessions would continue the following day and the day after, once Freeberg was satisfied with the progress being made.

After dismissing his surrogate and patient, Freeberg was alone. Yet, in a sense, he was not alone. He realized that District Attorney Hoyt Lewis was still with him. He tried to give his latest patient more thought, but then he decided that Gayle was competent enough to handle this kind of case well and he put Hunter out of his mind. He was free to entertain thoughts of the district attorney once more.

On the surface the request for a meeting by Hoyt Lewis seemed sociable enough. Perhaps, Freeberg decided, the district attorney might only want to welcome Freeberg to the community or, more likely, to urge him to join in some community undertaking. But at once, Freeberg knew those ideas were absurd, because behind the district attorney's seemingly bland approach, there had been a definite insistence on seeing Freeberg immediately.

This was not a social visit, Freeberg decided. Instinctively, as if seeking a refresher on his work, Freeberg reached down to the bottom drawer of his desk where he kept research notes for a paper he had long been preparing, and putting off, on the evolution of sexual therapy and the changes that had been wrought in the profession since the pioneering days of Masters and Johnson.

He was soon absorbed in reviewing his notes, and the next time he looked at his desk clock, it was nine minutes to eleven. Hastily, Freeberg pushed his notes aside and went to the bathroom. He washed up, dousing his face with cold water to make himself as alert as possible.

At eleven o'clock he was once more at his desk and ready for anything.

District Attorney Hoyt Lewis arrived at five minutes after eleven, and he was not by himself. Lewis, a large man sartorially impeccable except for a disconcerting string tie, pumped Freeberg's hand vigorously and then introduced the much smaller man who was accompanying him.

"Dr. Freeberg," said Lewis, "I hope you don't mind my bringing along an old friend and consultant, Dr. Elliot Ogelthorpe, from the University of Virginia, who heads up their Sex Education Department. He happened to be in town . . ."

"Not at all," said Freeberg, shaking Ogelthorpe's hand. "Pleased to meet you." Freeberg was not pleased at all. Not only did he dislike Ogelthorpe's appearance-he had beady eyes, an unsmiling mouth, a sharp affected Van Dyke beard (which made Freeberg ashamed of his own scruffy beard)-but he disliked the man for his reputation. "I've read your articles in medical journals," said Freeberg, "including your recent one on partner surrogates, 'The Newest Old Profession,' so I can say I know your work quite well."

"And I know yours," said Ogelthorpe, with no trace of friendliness.

Freeberg directed both of them to chairs across from his desk. As Hoyt Lewis took his seat, he was still assuming an air of sociability. "Normally," said Lewis, "when I meet someone on business, I like to invite him to my office in the city hall." He laughed. "It's more intimidating. But actually, today, I thought I'd stroll over and have a look at your clinic before seeing you. Very nice."

Freeberg still clung to Lewis's usage of the word "business." If the district attorney had a business meeting in mind, it could be ominous. "Glad you like our little place here," Freeberg said. "It's all new, and I'm rather proud of it." He suspected that Lewis had come here to look the place over-To look for what? Orgies?-and had been disappointed.

Freeberg waited in silence for what might be next.

The district attorney wet his lips with his tongue, straightened up, and dropped his air of sociability. He was plainly all business now. "I'm sure you're puzzled as to why I'm here . . . and why I wanted to see you as soon as possible."

Freeberg tried unsuccessfully to smile. "I gave it a passing thought."

"Dr. Freeberg, since you've settled down in Hillsdale," said Hoyt Lewis, "something of your activity has been brought to my attention by-well, by respected members of this community."

"My activity?" said Freeberg mildly.

"Yes, your work as a sex therapist, a perfectly honorable profession, and your use of sex surrogates . . . engaged in a somewhat more questionable profession. This has been brought to my attention and has forced me to look into the work that you and your hired surrogates do. I've done some extensive preliminary research."

"What have you found out, Mr. Lewis?" Freeberg asked quietly.

"That you may be involved, quite innocently, in an activity that is illegal, perhaps even criminal. I have been investigating the possibility that as a sex therapist you may be engaged in pandering and your sex surrogates may be involved in what might be construed as nothing more than prostitution."

"Oh, come on now," Freeberg objected, trying to make light of the accusation, "we're living in modern times, in the progressive state of California-"

"Ah, California," interrupted Lewis, fumbling in his jacket pocket for a piece of paper, which he then unfolded. "Let me tell you something about the law of California, which, as a newcomer, you may not know. California has two statutes on its books that specifically prohibit the work you and your associates are doing." He consulted the sheet of paper in his hands. "Here's a mention of 'pandering.' This means any action in which one person procures and provides another person for the purpose of prostitution." He looked up. "By sending sex surrogates out to work for you, there is little doubt that you are engaged in pandering. That, Dr. Freeberg, is against the law in California and in fifty states of this Union. It is a felony."

Freeberg started to speak, but Hoyt Lewis held up a hand to silence him and consulted his sheet of paper again. "And here we have 'disorderly conduct.' Meaning, a person who takes part in an act of prostitution, which includes any lewd act between persons for money or other consideration. That, too, 3 against the law in California, and a misdemeanor."

Freeberg felt his cheeks flush, and he tried to contain himself. "You haven't defined 'prostitution' yet, Mr. Lewis."

The district attorney was back to his sheet of paper. "'Prostitution,'" he murmured, "meaning someone involved in professional sexual relations, especially for money." He looked up. "A prostitute is commonly declared to be a woman who engages in promiscuous sexual intercourse, especially for money. There you have it all. And from my investigation, it appears you are perilously close to, or totally engaged in, the practice of procuring women to engage in lewd acts with members of the opposite sex and to hire themselves out as prostitutes for pay. Now then-"

"One second, Mr. Lewis," Freeberg broke in. "Can we discuss this matter?"

"The very reason I'm here," said Lewis. "To discuss your activity and then to put you on warning."

"First, can we talk about the matter?"

"Absolutely."

"Because," said Freeberg, "you may have been misled in your researches and misinformed in your investigation. May I clarify a few things for you?"

"Go right ahead."

Trying to control himself, Freeberg began, "I think it is essential that you know the vast difference that separates the prostitute from the sex surrogate."

"From my understanding of it, they are one and the same," said Lewis.

"Please, let me go on," Freeberg persisted. "After all, your understanding of what a prostitute is and what a sex surrogate is may be totally incorrect."

Hoyt Lewis shifted his bulk in his chair. "Very well, Dr. Freeberg. I'm listening."

"All right," Freeberg said, "let's start with this. Your average general practitioner in this country or any country knows very little about sexual problems, unless the problems involve something organically wrong with a patient. So whenever a man, young or old, has had a sexual problem, he's found it hopeless to consult his family doctor. If he was properly directed, he went eventually to some kind of specialized consultant-a psychiatrist, a trained therapist in sexual matters-and he tried to get to the root of his problem by talking it out. But early on, we began to learn that talk was not enough. As one psychologist pointed out, 'Sex is action, not talk,' and effective therapy had to be based on action. The first men of science to comprehend the necessity for something more than talk were Dr. Joseph Wolpe, who suggested that sexual partners be recruited to help the sexually disabled, and Arnold Lazarus, a Ph.D., who felt that sexual partners were 'necessary' to get anywhere with sexually dysfunctional males. But Masters and Johnson were the ones who actually coined the words 'sex surrogate' or 'partner surrogate' and put these so-called fantasy wives or lovers into their rehabilitation program. Now, Masters and Johnson-"

"Dr. Freeberg," the district attorney cut in, "if you're going to talk about Masters and Johnson, you'd better include my friend Dr. Ogelthorpe in your discussion. As you know from your reading, he's an expert on Masters and Johnson."

"I'm including you in all of this, of course," said Freeberg to the district attorney's companion.

"Then I have something to say to you," Ogelthorpe began, "and I think it should be said right up front. Masters and Johnson saw from the very moment they got into this therapy that prostitutes, real prostitutes, would make excellent surrogates and used them as such."

"Not true," Freeberg answered sharply. "You're distorting the facts."

"Am I?" snapped Ogelthorpe.

"Please allow me the floor," Freeberg demanded. Dr. Ogeithorpe fell silent.

"I'll give you the facts about Masters and Johnson and prostitutes. They never, not once, used a prostitute as an actual sex surrogate. What happened was this: In 1954, Masters, through movies and observation of seven hundred persons, undertook research to learn what happens physiologically to the human body before, during, and after coitus and orgasm. To accomplish this study, he needed female subjects. So at the outset, he hired prostitutes. This proved ineffective because the anatomies and responses of prostitutes were not like those of other women. So he dropped prostitutes and used female volunteers from the Washington University School of Medicine to be observed and photographed. Then, after Johnson joined him, for their next researches, they decided to study the usefulness of female sex surrogates in therapy."

Hoyt Lewis stopped Freeberg. "Are you saying that Masters and Johnson never employed prostitutes as sex surrogates?"

"Never, not ever as sex surrogates," Freeberg told him emphatically as he thumbed through his research notes. He held up a piece of paper. "Allow me to have William Masters speak for himself on this matter." He read from his paper, quoting Masters. "'It should be emphasized that no thought was ever given to employing the prostitute population [as surrogates] . . . . So much more is needed and demanded from a substitute partner than effectiveness of purely physical sexual performance that to use prostitutes would have been at best clinically unsuccessful and at worst psychologically disastrous.'" Freeberg put down his paper. "So Masters and Johnson asked for ordinary women to volunteer as sex surrogates. After careful screening, they found thirteen women from the ages of twenty-four to forty-three to work as their sex surrogates."

"And these women," Lewis reiterated, "were not prostitutes, although they performed the same role as common whores do?"

"Not really, not at all," replied Freeberg strongly. "A prostitute is in business to give a man quick gratification sexually. A sex surrogate-in Masters and Johnson's program, and in our own, as you must know-is anything but a sexual athlete. Her task is to rehabilitate an ailing patient. A surrogate is trained and employed to be a therapist's aide, as well as an observer, reporter, role model. In her relationship with a patient, the surrogate-through a series of touching and caressing exercises-tries to help a patient learn how to experience human intimacy. And it works. In the eleven years during which Masters and Johnson treated fifty-four unmarried men with sexual disorders, forty-one of them received help from trained sex surrogates. Of the forty-one men so treated, thirty-two had their sexual problems solved by use of surrogates, and twenty-four of them subsequently married and performed successfully."

Dr. Ogelthorpe interrupted once more. "How do we know that to be a fact?" he demanded. "How do we know that Masters and Johnson patients were actually cured after being discharged from the clinic? I'm told that Masters and Johnson did sloppy follow-ups on their so-called successful cures, merely getting in touch with each of their subjects five years later-and then only by telephone. Do you regard this kind of follow-up as scientific?"

Freeberg smiled. "In that regard, permit me to quote the words of William Hartman, a renowned psychologist at the Center for Marital and Sexual Studies in Long Beach, California. When asked about obtaining follow-up data on former patients, Hartman countered with this question: 'When was the last time a doctor ever called you back two years later to ask if you're still cured of that flu?'"

In response, District Attorney Lewis chuckled good-naturedly, but his companion, Dr. Ogelthorpe, remained unamused. "Let's stick to Masters and Johnson," said Ogelthorpe. "You won't deny one fact. Masters and Johnson gave up the use of sex surrogates in 1970."

"True," Freeberg admitted, "but not because sex surrogates had proved ineffective. A gentleman named George E. Calvert, in New Hampshire, sued Masters and Johnson for a million and a half dollars on the grounds that his wife, Barbara, had gone to work for them as a sex surrogate and had sexual intimacy with seven male patients. Masters and Johnson settled with her husband out of court and, after that, gave up the use of sex surrogates altogether. Because they were so famous, they were more vulnerable than other sex therapists, and there was always the possibility of further legal harassment. Without sex surrogates, Masters confessed, 'The success statistics with single impotent males have completely reversed. We now have a failure rate of 70% to 75%.' However, with this knowledge of the value of sex surrogates, dozens of therapists, myself included, continue to train them and use them in our work."

District Attorney Lewis was becoming restless. "Gentlemen, let's stop this quibbling about Masters and Johnson. They are not primarily at issue here. Our main concern is the female sex surrogate. And to me, any female sex surrogate sounds exactly like a prostitute. I see no difference."

They had come to the heart of the conflict, and Freeberg became more intense, more determined to resolve this, as he addressed the district attorney directly. "Mr. Lewis, there are major differences, believe me. The sex surrogate is guided by a licensed therapist who monitors her regularly. The prostitute is not. The sex surrogate is trained in the use of beneficial exercises involving touch. The prostitute is not. The sex surrogate is motivated by a professional desire to help a dysfunctional patient, to cure him. The prostitute is motivated only to make money, a quick buck, nothing else. The sex surrogate usually comes from a family that has at least one compassionate and loving parent. The prostitute usually comes from a devastated family, one filled with hate and abuse. The sex surrogate devotes herself to one patient as a teacher for a long period of time.

The prostitute gives herself to an endless number of men in a short period, because she's seeking a quick turnover, is interested in bringing in as much money as possible. As Barbara Roberts, the well-known therapist, once summed it up, 'Most surrogates would make very poor prostitutes and, because they haven't had training and their motivation is different, most prostitutes would make poor surrogates.'

District Attorney Lewis placed the palms of both his hands on his knees and gazed directly back at Freeberg. "Well spoken, Doctor," he said, "but I'm afraid I'm still not convinced as to the essential difference between the prostitute and the sex surrogate."

"The essential difference?" repeated Freeberg. "Meaning what?"

"Meaning they both have the same basic function. It comes down to this, Dr. Freeberg. Let me use the language of the streets. They are both hired and paid to fuck."

Freeberg tried to remain calm. "Let me reply in kind in the argot of the streets. The prostitute's attitude is: get it in, get it off, then get away. Generally, the prostitute is not someone her partner cares about. The sexual surrogate, on the other hand, is not just an available vagina that offers relief or release. The surrogate is a professional friend skilled at making a man comfortable with his body. She's someone who can revive his ability to be a sensual being, a feeling he probably lost through his upbringing and conditioning. Let me put it another way, Mr. Lewis. The difference comes down to a matter of motivation and purpose. It's the difference you'll find between a surgeon and a mugger. A surgeon will use a knife to cut you, but his intent is to heal you. A mugger will also use a knife to cut you, but his intent is to steal your money."

The district attorney wrinkled his nose. "I still don't see any real difference between a prostitute and a surrogate. To me, when you come right down to it, they're one and the same thing, performing in the same way."

"You couldn't be more wrong," Freeberg protested. "The prostitute devotes herself totally to lewd acts and sexual intercourse. The sex surrogate may-just may-devote the last one or two of her twelve exercises to actual intercourse, to prove a cure has taken place. Less than twenty percent of a surrogate's activity with a man involves sexual intercourse. I assure you, sir, the surrogate is not a hooker."

"We may have to let a court of law determine that," announced Hoyt Lewis, coming to his feet with a wheeze. "Anyway, I'm not here to threaten you with arrest. At least, not yet. I'm here because I'm a nice guy, because you're new to this community, because even though you are misguided you mean well, and because I'd like to give you a chance to straighten yourself out. I'm here to propose to you exactly what the city attorney in Tucson, Arizona, proposed to you, before you decided to skip town. I'm advising you to give up totally the use of sex surrogates for hire and to go back to being a good, decent talk therapist, like all those psychiatrists around. Do that, and you're performing within the law and perfectly safe. But first you've got to drop your surrogates."

Freeberg rose from his chair unsteadily. "Drop them all? You mean that?"

"If you refuse to cease and desist in their use at once, I will have no choice but to prosecute you for pandering, and your sex surrogates for prostitution. On the first charge, if convicted, you would be liable to serve one to ten years in prison. On the second, your surrogates could wind up with six months in jail. In either case, you'd be out of business in Hillsdale and anywhere else in California. I repeat, I am serious about this. Give up your antisocial practices or suffer the grave consequences. If you resist this compromise, I will have you and your surrogates arrested and arraigned in municipal court. This will lead to a public hearing, and eventually to a public trial sixty days later. I suggest you decide which route you prefer to take. Let's say, within a week. During that time, you or your attorney can inform me of your decision. Understood?"

Freeberg nodded.

Taking Dr. Ogelthorpe by the arm, the district attorney started for the door. At the door, he called out over his shoulder, "Thank you for your patience. I hope you make a wise choice."

Once the pair had gone, and Freeberg was certain that they had left, he lowered himself heavily into his swivel chair and turned it toward the telephone.

Rattled, he tried to remember the telephone number of his old friend and attorney, Roger Kile, in Los Angeles.

Recalling the number, he dialed directly to Kile's office. Getting Kile's secretary on the phone, he told her he had to speak to Mr. Kile at once on an emergency matter. "Mr. Kile was just leaving for lunch," the secretary said, "but I think I can still catch him in the hall."

"Please do. Please tell him it's Dr. Arnold Freeberg." He held the receiver listlessly until he heard Roger Kile on the phone.

"Roger? Arnold here. Hate to cut into your lunch, but I'm afraid it's a matter of some importance."

"No trouble at all, Arnie," Kile said. "Hey, you sound a bit agitated."

"Because I am," admitted Freeberg. "I'm afraid I'm in trouble again, believe it or not."

"What kind of trouble?"

"The district attorney of Hillsdale, Hoyt Lewis, just left my office. It was hardly a social call."

"Trouble, you said. What did the D.A. want with you?"

"If you've got a few minutes . . ."

"I've got as much time as you need. Go ahead, tell me what this is all about."

Freeberg told him. For over ten minutes, he recounted what he could remember of Hoyt Lewis's visit, his threat, his compromise offer.

"There you have it," Freeberg concluded. "What do I do? Looks like he's got me up against the wall."

"Hold it, Arnie. Not so fast. There can be a lot more to this before any decision is made."

"But why is this going on, Roger? In California yet? It doesn't make sense. What's up?"

There was silence on the other end for a few moments. At last Kile spoke one word. "Politics," he said.

"Politics?"

"Nothing less," Kile said. "I've never met your D.A., but I've heard of him, even in Los Angeles. He's popular, and he wants to be more popular. My guess is that he's on the make. Upwardly mobile. He wants to be known statewide, and zeroing in on you and the sex surrogate is a perfect case to capture media attention. He could become quite well known, even land himself a bigger job, if he could win this one."

"Sounds to me like he can win this one."

"Not so fast, Arnie. It could be lots more than just another criminal case. It can have far-reaching legal consequences. There are many ramifications."

"Can I possibly fight him?" Freeberg pleaded. "Do I even have a chance?"

"We'll see," said Kile. "I'm going to look into all aspects of the matter. Do a little research on my own. Before you hang up, I want you to give my secretary a list of qualified persons-doctors, therapists, surrogates you know and trust, persons who won't mind answering questions and giving me the information I need. Okay?"

"Okay."

"Once I have the names from you, I'll spend this afternoon and evening, as well as tomorrow morning and afternoon, talking to them, in person or on the phone. I should have everything in hand before tomorrow night. Then you and I can get together on this."

"When?"

"Soon as possible, of course. I should be ready for you by early tomorrow evening. To give me more time, why don't you drive into Los Angeles? Say, meet me at La Scala in Beverly Hills at seven o'clock. It's a nice, quiet, classy restaurant where we can talk and thrash this out."

"I'll be there," promised Freeberg. "You'll be ready to tell me what to do at dinner?"

"I think so."

"You think I have a fighting chance, Roger?"

"I don't know yet. But I should know when I see you tomorrow evening."

The following evening the two of them were seated in a striped brocade and velvet padded booth, fairly private, in the rear of La Scala Restaurant on a street known as "Little" Santa Monica Boulevard.

Driving down the coast to Beverly Hills to meet with his attorney friend, Dr. Arnold Freeberg had been nervous and obsessed with the threat hanging over him. If the district attorney, as Kile had suggested earlier, was determined to use Freeberg and his surrogates as a stepping stone to advance his political career, there would be little hope that he could be stopped. He would certainly prosecute. Yet, there had been a fair amount of give in his attitude. He had met with Freeberg yesterday to put him on warning, to give him a chance to retreat on the surrogate matter and to withdraw treatment. Had Hoyt Lewis been more hard-nosed and opportunistic and ambitious about his career, he would not have bothered to put Freeberg on warning. He would have just proceeded against him.