In May, a 10-year-old Omaha girl told police that her older brother had sexually assaulted her twice a few months before.
The 15-year-old boy was arrested and placed in state custody. But in October, at the recommendation of a guardian ad litem and Douglas County’s probation office, a judge allowed him to return to live at his parents’ home.
His mother and stepfather signed a safety plan that said they would not allow the boy, who had turned 16, to be alone and unsupervised with his siblings or other children.
Within two weeks of the boy’s return to the home, the girl reported that he had raped her. And their 16-year-old half-sister told police that he had also sexually assaulted her.
Now the boy has been charged as an adult with two counts of first-degree sexual assault. If convicted, he faces up to 100 years in prison. His parents face intentional child abuse charges. The teen and his mother are scheduled to appear in court Monday.
“It’s terrible,” Douglas County Attorney Don Kleine said. “We want to protect children. To me, obviously, the system failed in that regard this time.”
Gene Klein, executive director of child advocacy center Project Harmony, said it’s fairly common for the organization to handle cases of children who act out sexually against other children. What is rare, he said, is for a repeat offense to occur so soon after the child got help.
The younger sister first reported sexual abuse to school staff on May 7. In a follow-up interview with Omaha police officers and Project Harmony staff, the girl said she was sexually penetrated by her brother sometime in November 2020 and in March 2021. The girl was 9 when the first alleged assault occurred and turned 10 in early 2021.
The boy was charged in juvenile court in May with two counts of first-degree sexual assault and held at the Douglas County Youth Center.
In late July, a prosecutor amended the charges to disorderly conduct. Officials had spoken with the girl and her therapists and weren’t sure whether she would be able to testify.
Omaha teen accused of sexually assaulting sister allowed to go home; she says he did it again
The boy's mother and stepfather signed a safety plan that said they would not allow him to be alone and unsupervised with his siblings. "The system failed," the Douglas County
