Congressional Candidate assaulted after asking man to perform sex act

Posted: 4:33 pm PDT July 30, 2010Updated: 6:30 pm PDT July 30, 2010

A candidate for the U.S. House of Representatives was assaulted in Downtown Spokane after he told police he asked a man to perform a sexual act on him.

The candidate's name is David Fox, a Port Angeles attorney who’s running as a Democrat for Congress in District 5 against Republican Cathy McMorris Rodgers.

According to court documents on the evening of July 25 Fox called police and told them he'd been assaulted. When police arrived, Fox told officers that he had asked the man to perform a sex act on him.

The man refused, ''grabbed [Fox] in a bear hug and threw [him] to the ground."

Fox said he was confused about the man's violent reaction.

"I don't understand, I asked him nicely," Fox told police.

During an interview Friday, Fox initially said that he couldn’t comment on the incident "on advice of counsel" but then went into detail about the incident.

"The gentleman sort of made it look like he would go along with that sort of plan," Fox said. "What's done between two adults is a private act that's not anyone's business."

The incident last Sunday isn’t the first time the political candidate from Western Washington has run afoul of the law.

In June, an investigation by Seattle ABC affiliate KOMO revealed that Fox, who was running for Clallam County Prosecutor, was under investigation after allegations of sexual abuse were raised by a jail inmate at the Clallam County Jail.

That jail inmate claimed that Fox had forced him to disrobe and expose himself while in attorney-client meeting. While the Clallam County Sheriff says that Fox admitted the activities but said it was “consensual sex.” No charges were ever filed in the incident as prosecutors could not substantiate the allegations of abuse beyond a reasonable doubt.

In another case he was reportedly under investigation by the Washington State Bar Association for sexual text messages sent to a young client. While the parents of that individual called the messages inappropriate Fox, according to KOMO, didn’t find his actions inappropriate.

In June he was arrested for DUI after brandishing a knife at a ticket agent at Sea-Tac International Airport. During a search of his vehicle officers also found a marijuana pipe, a bag of marijuana and prescription pills for which he had no prescription.

Fox was released after the King County Prosecutor’s Office failed to press charges against him within 72 hours.

Despite his troubles with the law on both sides of the Cascades, Fox, whose only connection to the 5th Congressional District is his claim he owns a farm in Othello – a claim that KXLY was unable to substantiate – thinks he has what it takes to win the Democratic primary in August and defeat Congressman McMorris Rodgers come November.

“Of course I can win,” he said.

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