Do you know some registered intercourse offenders can change into licensed therapeutic massage therapists in Illinois? We didn’t both, till a latest arrest in Lincoln Park despatched us digging. And what we discovered is a kind of “wait, how is that this even doable?” tales that state lawmakers apparently don’t need to discuss.
It began late final month when prosecutors charged 40-year-old Nicholas Brown, a licensed therapeutic massage therapist at Equinox Lincoln Frequent in Lincoln Park, with sexually abusing a male consumer throughout a therapeutic massage.
Assistant State’s Lawyer Mike Pekara informed Choose Luciano Panici, Jr., that Brown inspired the consumer to get bare, then launched right into a weird monologue about his “sexual preferences,” saying he was divorced, polyamorous, went to intercourse golf equipment, and “would get aroused whereas taking ‘shrooms.” Pekara stated Brown then escalated to undesirable touching, beginning with “tickling the sufferer’s higher thigh and buttocks” and persevering with from there.
Pekara informed the choose that Brown was convicted of prison sexual assault in Wisconsin at age 15. Regardless that the case was later expunged, Pekara stated, “The state police made clear to the defendant that though it was expunged, it wasn’t vacated or put aside, so he does nonetheless need to register as a intercourse offender.”
Panici granted the state’s detention petition, citing Brown’s standing as a registered intercourse offender as one of many causes for his resolution. Brown has been within the Cook dinner County jail ever since.
That’s disturbing sufficient. However once we appeared into Brown’s background, we discovered one thing extra.
Not solely did Brown obtain his state therapeutic massage therapist license in January 2015 whereas being a intercourse offender, however he was even convicted in Cook dinner County of failing to register after getting the license. Years later, state regulators reprimanded him for not disclosing the Wisconsin case when he utilized for his therapist’s license. However Brown remained licensed, finally touchdown at Equinox final 12 months.
It seems that Illinois regulation says state regulators “can’t usually contemplate juvenile offenses or expunged convictions when making licensure determinations,” in response to a spokesperson for the Illinois Division of Monetary and Skilled Regulation.
And that’s how somebody who needed to register as a intercourse offender ended up licensed to the touch individuals for a dwelling.
However there’s extra.
Whereas Pekara informed the courtroom throughout Brown’s detention listening to that Brown nonetheless needed to register, we’ve secured a 2019 letter from the Illinois State Police to Brown that stated, as a result of he had the juvenile matter expunged in 2018, he now not needed to register. After we pressed the State’s Lawyer’s Workplace about whether or not Brown is definitely required to register, they directed us to ISP. After we requested ISP, they wouldn’t reply as a result of it’s a juvenile case.
On September 2, a few days after Brown was detained, IDFPR slapped a chaperone requirement on Brown’s license, which means he couldn’t see shoppers until another person was within the room. Then, every week later, IDFPR suspended his license altogether, saying Brown did not adjust to the chaperone order—though Brown has been in jail for the reason that finish of August.
This raises one other concern: employment regulation. If a licensed therapeutic massage therapist who can be a registered intercourse offender applies for a therapeutic massage job, an employer who flat-out rejects them for his or her prison file may very well be breaking state regulation.
“If the state gave him a license, who am I to say his background is disqualifying?” stated the supervisor of a Lakeview well being membership not related to Brown’s case. As a substitute, the supervisor stated, they’d give you “one other excuse” to not rent a intercourse offender as an applicant.
So we requested lawmakers—those who characterize Lincoln Park and a few who’ve been main the state’s prison justice “reform” motion—in the event that they assume the regulation ought to change so intercourse offenders can’t change into therapeutic massage therapists. We additionally puzzled in the event that they thought employers ought to be capable of deny a delicate job like therapeutic massage therapist based mostly on an applicant’s standing as a intercourse offender.
Rep. Sara Feigenholtz and Sen. Margaret Croke characterize the neighborhood across the Lincoln Park Equinox location. We informed them about this case and requested for his or her ideas. They didn’t reply.
We additionally requested former Chicago mayoral candidate Sen. Kam Buckner and Sen. Robert Peters, one of many champions of the state’s prison justice “reform” efforts, for his or her ideas. They didn’t reply, both.
So, right here’s the place Illinois stands proper now:A intercourse offender who dedicated the intercourse crime as a juvenile can get a therapeutic massage therapist license. Employers can’t legally reject them simply because they’re a intercourse offender. And lawmakers are silent about whether or not any of that ought to change.
Listed below are the responses we obtained from varied events as we ready this story:
Equinox
The security and wellbeing of our members is all the time our highest precedence. The person’s employment was promptly terminated as soon as the incident was dropped at our consideration. Our job candidates bear an in depth background test carried out by an impartial third social gathering. Throughout this course of it was realized that this particular person had a juvenile offense 26 years earlier in 1998 when he was 12 years previous, for which he did not register when he turned 18. He had this expunged from his file in 2018, six years previous to him making use of for a place with the corporate. On the time that he was employed in 2024, he was licensed as a therapeutic massage therapist by the state of Illinois. We are going to proceed to completely cooperate with regulation enforcement as their investigation continues.
Illinois Division of Monetary and Skilled Regulation
IDFPR takes significantly all allegations of sexual abuse by the professionals it regulates and is dedicated to utilizing its authority to maintain sufferers protected. Candidates for a Therapeutic massage Therapist license in Illinois should undergo a fingerprint-based background test. When Mr. Brown (aka Rouge) utilized for his license, the background test didn’t disclose – and he didn’t self-report – any offenses that precluded licensure. Having met the required licensure situations (e.g., schooling) and missing any identified disqualifying info, he was granted a license in 2015.
After Mr. Brown was convicted of failing to register on the Illinois Intercourse Offender Registry, IDFPR obtained discover of the conviction. That notification induced IDFPR to provoke the enforcement proceedings in opposition to Mr. Brown that finally resulted within the reprimand you cited. Previous to the reprimand, Mr. Brown voluntarily positioned his license on inactive standing (which means he couldn’t see shoppers) whereas he sought expungement of this juvenile adjudication in Wisconsin. Please word that, per Public Act 100-286, IDFPR can’t usually contemplate juvenile offenses or expunged convictions when making licensure determinations (20 ILCS 2105/2105-135(c)).
In your consciousness, IDFPR not too long ago imposed a Chaperone Order on Mr. Brown that limits his skill to apply pending potential additional disciplinary motion by IDFPR. In 2024, IDFPR supported laws that requires State’s Attorneys to report back to IDFPR when a therapeutic massage therapist is charged with a intercourse offense. IDFPR is empowered—with no listening to—to order the individual to apply solely with a chaperone current throughout all affected person encounters (amongst different situations). Per that regulation (225 ILCS 57/45(c-5) of the Therapeutic massage Remedy Licensing Act), an Assistant State’s Lawyer notified IDFPR of Mr. Brown’s new case on August 31. On September 2, IDFPR entered the Chaperone Order in opposition to Mr. Brown.
Cook dinner County State’s Lawyer’s Workplace
In all circumstances, the CCSAO depends on regulation enforcement information and knowledge within the prosecution of circumstances. At detention hearings, prosecutors current related info to the courtroom, which has the only real authority to make detention selections. Primarily based on info supplied by the Illinois State Police on the time of this defendant’s detention listening to, the defendant had an obligation to register as a intercourse offender. For any particular info relating to the defendant’s registration standing, please contact ISP straight.
Illinois State Police
ISP is unable to debate info for particular people. Data on who’s required to register is within the Intercourse Offender Registration Act and grownup offenders may be discovered on the Illinois State Police Intercourse Offender Registry. Please word, people who have been juveniles when the offense occurred is not going to be listed on the general public dealing with web site. The person should be required to register, however as a result of they have been a juvenile, ISP is unable to publicly verify if the person has registered. ISP gives prison historical past info to IDFPR for Therapeutic massage Therapist license candidates for whom fingerprints are submitted.
Regulation Workplace of the Cook dinner County Public Defender
The Regulation Workplace of the Cook dinner County Public Defender is unable to touch upon this particular case right now. We sit up for reviewing the prosecution’s proof on this case and presenting a vigorous protection of our consumer in courtroom. We might remind the general public that folks accused of a criminal offense are harmless until confirmed responsible in a courtroom of regulation.
This story is made doable by contributions to the Cook dinner County Courtroom Transparency Fund.
