Wisconsin, The “Dairy” State, The “Badger” State but most importantly a State of CONFUSION. Where child protection workers and/or “social” workers do not know how to draw the line in their “profession”. Where county employees are able to lie under oath, place children in abusers hands and play God.
Another shocking case of legal and ethical misconduct by a Milwaukee WI social worker, participating in the decision of whether a Black mother would retain custody of her two children. Instead of helping her to get her life together, he began a sexual relationship with her, impregnated her, and when she gave birth to their child, he took custody of the child, all while working for the Bureau of Milwaukee Child Welfare.
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.
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
- “Sexual Exploitation by a Therapist,” (Wisconsin Statutes Section 940.22 (2)), (Class 3 Felony), and
- “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.
“If convicted and sentenced consecutively
for all potential Class 3 felonies
Peter Nelson could conceivably face life imprisonment.”- – Atty. Francis L. Holland
Legislative Reference Bureau, p. 12.
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.
“If convicted Nelson would be required to register as a serious sex offender,
face lifetime court supervision.”
Wis. Stats. Section 301.45, LRB-01-1B-1, p 2. , Wis. Stats, Section 939.615.
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
The District Attorney’s Office told 12 News it will not file criminal charges against Nelson 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.
“He should go to jail,” Nealy said. http://www.wisn.com/news/20606268/detail.html
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.
WISCONSIN LAW SPECIFICALLY FORBIDS
“SEXUAL EXPLOITATION BY A THERAPIST”
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:
(2) SEXUAL CONTACT PROHIBITED. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist−patient or therapist−client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection. (Emphasis added.) http://www.legis.state.wi.us/statutes/Stat0940.pdf
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:
“Therapist” means 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. http://www.legis.state.wi.us/statutes/Stat0940.pdf
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.
Legislative Reference Bureau, Informational Bulletin 01-1, January 2001 makes it clear that a social worker is a “therapist” for purpose of the statute, so Peter Nelson was statutorily prohibited from having sexual contact and sexual intercourse with his client, Theola Nealy.
Breaking the Silence 
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