What's Going On: Iowa’s legislature needs to close gaping exploitation loopholes

 Like most states, Iowa has laws prohibiting sexual exploitation of vulnerable individuals who may be able to physically consent, if not emotionally, to a physical relationship. 

The law protects patients from their counselor or therapists and students from their teachers.

However, in November 2013, an Iowa appeals court ruled it doesn’t protect a parishioner from her pastor.

Rev. Patrick Edouard had been found guilty of a sexual exploitation charge after, according to prosecutors, he had pursued religious and vulnerable women to “lure” them into consensual relationships.

However, the appeals court ruled Edouard gets a new trial essentially because of a legal loophole as a pastor isn’t the same as a clinically-licensed psychologist. While true, it’s undeniable a religious leader has influence over and access to vulnerable individuals who could be easily manipulated. As a result, those seeking the services of a pastor, therapist or psychologist should receive equal protection from the law.

But, the law has a loophole and Edouard will benefit from it.

Sadly, Iowa’s legislature did nothing to address closing this loophole in the latest session, but whatever. I’m sure there were more important things to discuss.

Of course, this miscarriage of justice would have been easier to overlook had it not been for Patrick Nicoletteo.

In 2012, Nicoletto, then 32, was convicted of having sex with a 16-year-old he coached at a Davis County school. While the sex was consensual, it violated the same broad-reaching exploitation law.

But after spending the last two years out on bond during an appeals process, Nicoletto is officially a free man today after the Supreme Court overturned his conviction last week thanks to another loophole in this apparent loopy law.

This time, the law explicitly prohibits sex between a student and an administrator, teacher or “licensed professional.”

And while all coaches are required to undergo an authorization process, it didn’t meet the criteria of a “licensed professional,” as outlined by the law.

So in other words, another loophole for another convicted sexual predator to exploit.

While three Iowa Supreme Court justices lost their jobs because, gasp, they ruled homosexuals can get married, I truly doubt Bob Vander Plaats or any other outside special interest group will get too angry over one more sexual predator walking the streets.

So the onus is back on the legislature. First, they were blamed when their alleged legal loophole allowed Edouard to wriggle off the legal hook.

They did nothing.

They are again being blamed after Nicoletto’s conviction was overturned.

If the intent of the sexual exploitation law is to protect the vulnerable, it is failing. To say it’s okay for a coach to have sex with a student but not for a teacher is, as one of the dissenting judges stated, “absurd.”

The same is true for religious leaders when compared to counselors.

In light of Iowa’s courts relatively predator-sympathetic interpretation of sexual exploitation laws, it’s never been more critical than now for Iowa’s legislators to address these loopholes.

Nothing else should take priority when the legislature convenes again.

Gregory Orear is the General Manager/Editor of the Red Oak Express and Glenwood Opinion-Tribune. He can be contacted at publisher@redoakexpress.com.