New penalties for sex abuse of minors considered

Members of the Judiciary Committee heard testimony Feb. 8 on a bill that would broaden child sexual abuse protections.

Under LB107, introduced by Bellevue Sen. Sue Crawford, a health professional, school employee, youth center employee or an adult who holds a “special position of trust” with a child would be held criminally liable for sexual abuse of a child between 16 and 18 years old.

Crawford said one in six women and one in 33 men will be sexually assaulted in their lifetime, a large number of those assaults occurring before age 18.

“We expect these people in special positions of trust to serve, educate and protect our children,” she said. “They need to be held accountable if they violate that trust.”

Those considered to be in a “special position of trust” would be a child’s employer, religious counselor, scout leader, camp counselor, babysitter, foster parent or someone involved in their juvenile justice proceeding.

A person convicted of sexual penetration of a minor would be guilty of a Class IIA felony, punishable by a maximum of 20 years in prison. A conviction of sexual contact would be categorized as a Class IIIA felony, punishable by a maximum of three years in prison and 18 months of post-release supervision, a $10,000 fine or both.

LB107 would explicitly prohibit the defense of consent by the protected minor.

Lieutenant Tim Melvin of the Bellevue Police Department supported the bill. He said sexual relationships addressed in the bill are currently not illegal.

“Our current laws do not protect minors between the ages of 16 and 18 from being victimized by persons in special positions of trust,” he said. “Once they gain the trust of a minor, it’s easy to take advantage of that trust and turn that relationship into a sexual one.”

April O’Loughlin, representing the Nebraska Criminal Defense Attorneys Association, testified in opposition to the bill. She said it is inappropriate to consider a relationship between a 19-year-old coach and a 17-year-old minor a sexual assault.

O’Loughlin also said the definition of “special position of trust” is too vague and questioned whether police officers and lawyers also should be covered in the bill.

The committee took no immediate action on the bill.