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Sexual exploitation by therapist charges is an aggravated felony charge in Wisconsin.  Contact us for help.

Sexual exploitation by therapist charges are serious.  The first thing that’s going to hit you is the media.  Charges involving therapists and sexual assault allegations are serious.  On the first day you appear in court, news cameras could be there.  And after court, they might be knocking on your door.  Unfortunately, the trouble doesn’t end there.  This charge is a Class F felony, meaning it carries a maximum penalty of 12.5 years in prison, $25,000.00 in fines, or both.  The maximum term of initial confinement is 7.5 years while the maximum period of extended supervision is 5 years.

Obviously these charges are serious.  At Meyer Van Severen, S.C. we defend individuals accused of serious criminal charges every day.  Frequently those charges involve serious allegations, like sexual assault.  Our entire practice focuses on criminal defense, so we’re familiar with all the issues you’ll face in during your case.

Contact us today to start fighting your case.  You need a strong ally, and you’ll find that at Meyer Van Severen.  Call us at (414) 270-0202 and let’s start fighting.  Waiting around only allows the government to build a case against you.

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What is sexual contact by a therapist?

Section 940.22(2) of the Wisconsin Statutes prohibits sexual contact by therapist.  The law says:

(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.

There are a few important points here.  First off, the law focuses not only on therapists, but instead any person “who holds himself or herself out to be a therapist.”  Secondly, the the government isn’t bound by actions that occurred during treatment.  Prosecutors can issue charges against you if you’ve had sexual contact with a client any time during the therapist-client relationship.

Consent isn’t an issue.  And this also focuses on the nature of the therapist-client relationship.  Frequently individuals seeking therapy do so while experiencing psychological or emotional issues.  Clearly the legislature recognized the individuals in this situation are more vulnerable and cannot consent to sexual contact.  So importantly, your client cannot waive the law.

What are the elements of the offense?

All criminal charges in Wisconsin break down into numerous parts.  Those parts are called elements.  And in order to prove you guilty, the government must show each of the elements beyond a reasonable doubt.  Wisconsin Criminal Jury Instruction provides the elements of sexual assault by therapist charges:

  • Firstly, the defendant was, or held himself or herself out to be a therapist; and
  • Secondly, the victim was a patient or client of the defendant; and
  • Thirdly, the defendant intentionally had sexual contact with the victim; and
  • Finally, the sexual contact occurred during an ongoing therapist-patient or therapist-client relationship.
A man experiences sexual exploitation by therapist
Sexual exploitation by therapist charges are serious. Contact Meyer Van Severen, S.C. for the best sex crime defense in Wisconsin. (414) 270-0202.

How do we win my exploitation by therapist case?

The very nature of the therapist-client relationship is certainly an important place to start investigating your case.  Individuals seeking therapy are frequently in the midst of emotional and behavioral problems.  Certainly those issues could be the basis to attack the alleged victim’s credibility.

One of the ways we frequently attack credibility is through a Shiffra Green motion.  That motion interestingly focuses on the mental health records of the victim.  If we can show that something within those records impacts the victim’s credibility, and has something to do with your case, we may be able to discover those documents and use them at trial.

Finally, is the victim simply lying?  We encounter this issue all the time.  First, we’ll review police reports to determine whether there are any internal inconsistencies between the victim’s statements.  Finally, we frequently employ investigators to speak with individuals who know the victim.  Through that investigation, there’s a chance we’ll find out other ways to attack the victim’s credibility.

Finally, why should I hire Meyer Van Severen to defend my case?

This answer is incredibly simple: this is all we do.  Defending individuals accused of criminal charges is 100% of our practice.  We don’t handle other kinds of cases.  And we do that because our intense focus on criminal defense certainly allows us to better defend individuals in criminal defense situations.  Aggressively fighting divorces isn’t going to help win your sexual assault by a therapist charges.

Finally, don’t hesitate to call us.  Immediately upon learning you’re being investigated, contact us.  Our criminal defense attorneys certainly return calls and meet with clients 24/7.  Contact us not.  Let’s start fighting your case.  (414) 270-0202.