In re Interest of Bryan E.

Caselaw Number
A-130216
Filed On


SUMMARY: Evidence was sufficient to establish beyond a reasonable doubt that the juvenile committed the offense of first degree sexual assault when the victim and other witnesses testified against the juvenile, even though no physical evidence was presented. 
 

On September 6, 2012, the State filed a juvenile court petition alleging Bryan, born 1999, unlawfully subjected the victim, J.C., who was 7 years old, to sexual penetration without consent. At the adjudication hearing, J.C. testified that she was swimming at a city pool in late summer of 2012 and met Bryan. J.C. testified that Bryan offered to take her to get some candy, but instead took her by the hand and pulled her to a hill. J.C. stated that Bryan told her to lie down on the grass and Bryan began kissing her and touching her inappropriately, even though J.C. repeatedly asked him to stop. J.C. also stated that Bryan sexually penetrated her. Other witnesses also testified that they saw Bryan and J.C. lying in the grass together and that Bryan had his pants down. The juvenile court found that the State had proven the elements of first degree sexual assault beyond a reasonable doubt.

The Nebraska Court of Appeals affirmed the adjudication. Though the evidence did not establish an exact date of the evidence, the evidence was sufficient to prove that it had happened late in the summer of 2012. In addition, the elements of sexual assault do not require the State did not present any physical evidence or for the victim to immediately seek out assistance. Because the juvenile court found that J.C.’s testimony was credible and accepted her version of the facts, her testimony in addition to the other witnesses who saw Bryan and J.C. lying in the grass was sufficient to establish that Bryan subjected J.C. to sexual penetration without her consent.