In re Interest of K.M.

The Supreme Court affirmed the ruling of the court of appeals that the State failed to prove beyond a reasonable doubt that K.M. committed first degree sexual assault under Neb. Rev. Stat. 28-319.The separate juvenile court adjudicated K.M. as being a juvenile who committed an act that would constitute a felony by committing first degree sexual assault based on the victim’s lack of capacity. The court of appeals concluded that the juvenile court erred in finding that K.M. subjected the victim to sexual penetration because the State failed to prove that K.M. knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his conduct. The Supreme Court affirmed, holding that the State failed to prove that the victim actually lacked the capacity to consent. View "In re Interest of K.M." on Justia Law