The complaint also requests an investigation into the nature of Cawthorn's relationship with Smith stating that the junior member of staff lives with Cawthorn.
Cawthorn that wishes to remain anonymous.
Someone else - presumably the person taking the video - could be heard laughing in the background and telling Cawthorn to 'stick it in his face.
Cawthorn has also been pulled over twice cops in North Carolina in recent months for driving without a valid license, and is now under investigation by the House Office of Congressional Ethics after a video featured one of his staff members grabbing his crotch.
Several hours after the nude video leaked on social media, Republican Rep.
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It shows Cawthorn, 26, screaming and chanting as he started thrusting against an unknown man's face.
Last month, several photos emerged showing Cawthorn dressed in women's lingerie, chugging wine and surrounded by women.