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In re Interest of Kalen M.
Citation: Not availableDocket: A-16-1205
Court: Nebraska Court of Appeals; October 17, 2017; Nebraska; State Appellate Court
Original Court Document: View Document
Kalen M. appealed the Douglas County Separate Juvenile Court's November 22, 2016, order adjudicating him as a child under Neb. Rev. Stat. 43-247(2) for committing first degree sexual assault. The State's petition, filed in February 2016, alleged that Kalen, born February 2, 2003, engaged in sexual penetration of a victim, born in November 2003, who had autism and ADHD. During an interview with police, Kalen admitted to penetrating the victim but expressed confusion about the act due to the victim's mental condition. Testimony from a pediatric nurse practitioner indicated that while the victim reported anal penetration, the medical examination could not confirm or exclude sexual abuse due to other factors, such as the victim's constipation. On appeal, Kalen argued that the juvenile court erred in its adjudication, asserting that the State did not prove the allegations beyond a reasonable doubt. The appellate court reversed the juvenile court's decision and remanded the case with directions to dismiss. An appellate court reviews juvenile cases de novo, meaning it independently analyzes the record without deferring to the juvenile court's findings. In this case, Kalen contests his adjudication as a child under Neb. Rev. Stat. 43-247(2), claiming the State did not prove beyond a reasonable doubt that he committed first-degree sexual assault. To establish this, the State needed to demonstrate that Kalen subjected the victim to sexual penetration and knew or should have known that the victim was mentally or physically incapable of resisting or understanding the nature of his actions. The evidence confirmed that Kalen engaged in sexual penetration, as supported by the victim's allegations and Kalen's own admission. However, the State failed to adequately prove that Kalen was aware of the victim's incapacity to resist or understand the situation due to autism. Kalen acknowledged during an interview that the victim had autism but also described him as intelligent and capable of distinguishing right from wrong, indicating a lack of evidence regarding the severity of the victim's condition and its impact on his ability to consent. The court emphasized that the absence of evidence on Kalen's knowledge of the victim's mental state was critical, as the State's case hinged on proving this element beyond a reasonable doubt. Consequently, the appellate court found that the juvenile court erred in adjudicating Kalen and reversed the decision, remanding the case with directions to dismiss the charges.