Neb. officials deny state liability in sex case
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Associated Press - October 28, 2009 2:25 PM ET
LINCOLN, Neb. (AP) - Nebraska Attorney General Jon Bruning's office acknowledges a 12-year-old girl had sex with a 17-year-old boy placed in foster care in her home last year.
But an attorney in his office says it was a "consensual sexual relationship," so the state isn't liable for any damages to the girl.
Grand Island attorney Mark Porto represents the girl and called the stance, outlined in court papers filed last week, surprising and strange. Porto said a 12-year-old isn't capable of "forming the requisite consent" to have a consensual sexual relationship.
Chief Deputy Attorney General David Cookson said that because it is a civil and not criminal case, it is appropriate to consider the actions of the girl. The girl told police it was consensual.
On the Net:
Attorney General Jon Bruning: http://www.ago.ne.gov/
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