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Milwaukee Social worker Peter Nelson may have committed two or more Class C felonies
by engaging in a sexual relationship with his client, Theola Nealy, says American Atty.
Francis L. Holland, an African American afrosphere blogger who blogs from his home in
Brazil, under his reading of Wisconsin statutes.
Although the Milwaukee District Attorney’s Office has opined that the therapist/client sex
was not illegalbecause it was "consensual", afrosphere Atty. Holland points to two statutes
under which the social worker might be charged, one of which specifically states that
“consent is not an issue under this subsection.”
"There are at least two chargeable felony statutes available under Wisconsin
law,
each with a maximum 15 year prison term per conviction:" - - Atty. Francis L.
Holland
1. “Sexual Exploitation by a Therapist,” (Wisconsin Statutes Section 940.22 (2)),
(Class 3 Felony), and
2. “Second Degree Sexual Assault” (Wisconsin Statutes Chapter 940, Section
940.225(c) (2), paragraphs (a), (b), and/or (c)). (Class 3 Felony)
Class 3 felonies are punishable by a maximum 15 year prison term for each count.
Peter Nelson, a social worker with the Bureau of Milwaukee Child Welfare, acknowledges
that he had sex with a then current client, thirty-two year-old Theola Nealy, during a period
in which Ms. Nealy was trying to demonstrate to this social worker and to his employer, the
Bureau of Milwaukee Child Welfare, that the client was capable of caring for two children
who had been taken from her by the Bureau. Peter Nelson has acknowledged that he
engaged in sexual intercourse and impregnated his client during the course of the social
worker/client relationship.
Ms. Nealy reports that she engaged in sex with social worker Nealy because he represented
to her that he would not authorize the return of her two children in Bureau custody
otherwise. http://www.wisn.com/news/20606268/detail.html
“A social worker who was supposed to be helping a Milwaukee woman got her
pregnant instead, the woman said.”
The District Attorney's Office told 12 News it will not file criminal charges
against Nelsen because the sex was consensual, and it's not a crime for a social
worker to have sex with a client. That news devastated Nealy.
The criminal law issue this case presents is whether, as per the Milwaukee District
Attorney’s Office and as a matter of law, “it’s not a crime for a social worker to have sex
with a client,” or whether Wisconsin state statutes specifically criminalize the sex acts to
which the social worker has confessed.
It appears, based on the social worker’s statements to the ABC affiliate, that Peter Nelson
may have committed the criminal acts of “Sexual Exploitation by a Therapist,”
(Wisconsin Statutes Section 940.22 (2)) and “Second Degree Sexual Assault”
(Wisconsin Statutes Chapter 940, Section 940.225(c)(2), paragraphs (a), (b), and/or
(c)).
Wisconsin Statutes Section 940.22 (2), entitled “Sexual Exploitation by a Therapist”
provides:
Section 940.22 (1)(i) defines the term “therapist” broadly and specifically includes social
workers among those who commit a criminal act when they engage in sexual intercourse or
other sexual contact with clients. Section 940.22 (1) (i) states that:
Explaining the application of Section 940.22 (1) (i), the State of Wisconsin Legislative
Reference Bureau, Informational Bulletin 01-1, January 2001, says that Wisconsin
Statutes Section 940.22 (2), entitled, “Sexual Exploitation by a Therapist”:
Prohibits intentional sexual contact by any person who is or who holds himself
or herself out to be a therapist with a patient or client during any ongoing
therapist-patient or therapist-client relationship, regardless of whether it is or
is not consensual and whether it occurs during any treatment, consultation,
interview, or examination. “Therapist” is defined in Section 940.22 (1) (i) as “a
physician, psychologist, SOCIAL WORKER, marriage and family therapist,
professional counselor, nurse, chemical dependency counselor, member of the
clergy or other person, whether or not licensed or certified by the state, who
performs or purports to perform psychotherapy.” As provided by Section
940.22 (3), a therapist who suspects that a patient or client has been sexually
exploited by another therapist may, with the patient’s or client’s consent,
report the sexual contact to the appropriate regulating body or the district
attorney (Class C felony). (Emphasis added.) Legislative Reference Bureau,
Informational Bulletin 01-1, January 2001
Although the Milwaukee District Attorney’s Office has announced its decision not to
prosecute the social worker, "because the sex was consensual", Wisconsin Statutes
Section 940.22 (2), entitled “Sexual Exploitation by a Therapist” clearly states, under
the heading “SEXUAL CONTACT PROHIBITED”, that “Consent is not an issue in an
action under this subsection.” Therefore, the defense that the District Attorney’s Office
offers for the social worker’s behavior is quite specifically excluded as a potential defense
by the statute itself therapist anti-sex abuse statute itself. Consent simply is not available as
a defense when sexual contact occurs between a therapist and client or patient.
(b) Has sexual contact or sexual intercourse with another person without
consent of that person and causes injury, illness, disease or impairment of a
sexual or reproductive organ, or mental anguish requiring psychiatric care for
the victim.
(c) Has sexual contact or sexual intercourse with a person who suffers from a
mental illness or deficiency which renders that person temporarily or
permanently incapable of appraising the person’s conduct, and the defendant
knows of such condition.
FORCED COMPLIANCE IS NOT
“CONSENT”
Even though consent is a potential defense under this Section, the definition of consent
makes it highly unlikely that consent was legally possible under these circumstances.
Since Theoly Nealy’s children have been removed from her home due to a decision that she
was unfit, and since Peter Nelson would have had complete access to the records explaining
the nature of her unfitness, such as psychological and/or psychiatric records, or any
possible use of substances, Peter Nelson would have been in the best position possible to be
aware of any reasons why Theoly Nealy might well not be “competent” to give her consent
under these circumstances, even if she appeared willing.
The fact that Peter Nelson had it within his coercive power, or represented to Nealy that he
had it within his power, to deny her access and parental rights to her two children already in
state custody, made it impossible for Ms. Nealy to “freely” accept Peter Nelson’s demands
for sex, because the consequences of refusing could have been the permanent loss of
parental and visitation rights with her children. Far from freely consenting, Ms. Nealy
could not freely refuse to have sex with this social worker, because he had and continues to
use his professional power and authority to deny her access to her children.
Arguably, there is no greater “use or threat of force or violence” that a social worker
could impose upon a woman than to refuse to return children to her.
The fact that Peter Nelson has subsequently withheld a child from her Theola Nealy, which
child is the product of their sexual relationship, conceived in the context of the social
worker/client negotiations therapy and negotiations over the return of her children, evinces
behavior by Nelson using the power of his professional office in a sexually coercive
manner for force his sexual advances upon his client.
Taking away a third child from the woman and obtaining custody of that child when Ms.
Nealy refused to accede to the social worker’s demands for a continuing sexual relationship
further demonstrates that Peter Nelson used and continues to use force to compel sexual
relations upon Nealy, by the threat and the fact of personally keeping her youngest child
from her even at this time.
The State of Wisconsin Legislative Reference Bureau reports that the crimes of “Sexual
Exploitation by a Therapist” and “Second Degree Sexual Assault” are Class 3 felonies
punishable a ten thousand dollar crime, 15 years imprisonment or both. If tried and
convicted for each instance of a violation of these statutes, and if penalties were imposed
consecutively, then Peter Nelson could conceivably be sentenced to life imprisonment.
Under 940.22(3) (d), providing penalties for social worker violation of the reporting statute,
Whoever intentionally violates this subsection by failing to report as required
under pars. (a) to (c) is guilty of a Class A misdemeanor. Wis. Stats., p. 8
http://www.legis.state.wi.us/statutes/Stat0940.pdf Under Section 939.51, a
“Class A Felony” is punishable by “a fine not to exceed $10,000 or
imprisonment not to exceed nine months, or both.” LRB, p. 12
http://docs.google.com/gview?
a=v&q=cache:sQnMo7KrXwMJ:www.legis.state.wi.us/LRB/pubs/ib/01ib1.pdf
+wisconsin+intercourse+%22social+worker%22+client&hl=en
References:
http://www.wisn.com/news/20606268/detail.html
http://aapoliticalpundit.blogspot.com/2009/08/assigned-to-check-abuse-white-
social.html
http://docs.google.com/gview?
a=v&q=cache:sQnMo7KrXwMJ:www.legis.state.wi.us/LRB/pubs/ib/01ib1.pdf+wis
consin+intercourse+%22social+worker%22+client&hl=en
http://www.legis.state.wi.us/statutes/Stat0940.pdf
http://police-brutality-blog.blogspot.com/2009/08/white-wisconsin-social-worker-
could-do.html
http://www.womenslaw.org/statutes_detail.php?statute_id=4068#statute-top
http://www.wisn.com/news/20606268/detail.html