Blogger Asks DA to Prosecute Social Worker who Fathered Client’s Baby
Monday, August 31st, 2009Milwaukee District Attorney John T. Chisolm
Safety Building
821 W. State Street Rm. 405 Milwaukee, WI 53233
Phone:(414) 278-4646
Fax:(414) 223-1955
Dear Milwaukee District Attorney John T. Chisolm:
I am an attorney and African American blogger, living in Brazil, and I have heard through afrosphere blogs in the United States of the case of Peter J. Nelson, a Milwaukee Bureau of Child Welfare social worker who supervised a Bureau client, had a long-term sexual relationship with her, fathered her child, and all of this while the victim of the abuse, Theola Nealy (and her children), were under the supervision of the Milwaukee Bureau of Child Welfare.
Although I now live in Brazil and do not practice law in the United States, I have drafted the press release below, outlining the Wisconsin statutes and legal theories under which I believe social worker Peter J. Nelson should be charged, convicted and imprisoned.
I encourage your office to consider the broad legislative intent and legislative language in the “Sexual Exploitation by a Therapist” statute (which specifically excludes “consent” as an affirmative defense), as well as the various theories of law expressing legislative intent under the “Second Degree Sexual Assault” statute, paragraphs (a), (b), and (c).
As with all sexual assault cases, this one presents important issues of fact to be clarified, such as whether Peter Nelson was the primary therapist for Ms. Nealy or part of the therapy team that Ms.Neally understood to have authority over her case at the time of the flagrant and continuous acts of sexual force. (I canthink of no force greater than the threat to refuse a mother custody of her children unless she engage in sexual acts.)
If Ms.Neally knew or believed that Nelson was her therapist, or a member of a social work team, and/or if he held himself out to be at a time when he was not, he would still be potentially culpable under the explicit language of the “Sexual Exploitation by a Therapist” statute.
As a member of the social work team at the Milwaukee Bureau of Child Welfare, Nelson certainly would have understood that he would be perceived as having resort to the “force” of the Bureau behind his activities, and Ms. Neally could reasonably suspect or believe that refusing to have sexual intercourse with Mr. Nelson would prejudice her efforts to regain custody of children who were being supervised by the Bureau at the time.
This case is becoming an international embarrassment precisely because vulnerable parents of children supervised by state agencies must never be sexually forced, compelled, abused or exploited by employees of the Milwaukee Bureau of Child Welfare, an agency charged with child protection and family reintegration.
I urge you to review the Wisconsin strict liability Sexual Exploitation Statute and the Second Degree Sexual Assault statute and use them to make clear to the public and Bureau workers that Bureau Social Workers many not engage in sex acts with Bureau clients.
There is also a very real risk that the public in the United States and internationally will perceive a decision not to prosecute Mr. Nelson as being associated with the skin color of the perpetrator and the skin color of the victim. Even the perception of unequal justice undermines our legal system.
Since the Sexual Exploitation Statute specifically excludes “consent” as a defense, it is all the more urgent that your office explain clearly to the public why this and the Second Degree Sexual Assault Statute have not been invoked in order to commence the criminal prosecution of Peter J. Nelson.
Sincerely, Atty. Francis L. Holland
The Francis L. Holland Blog
http://francislholland.blogspot.com
