Sexual abuse by a school employee is a serious offense in Nebraska. As someone facing these charges, you risk not only prison time but also long-term damage to your reputation and career.
Understanding the offense, potential penalties, and your rights is essential in these cases.
Omaha Defense Attorneys for Sexual Abuse by a Teacher Charges
Sexual abuse charges are always serious, and must be addressed immediately. Even the accusation of sexual misconduct will result in you being treated with extreme suspicion, even after you are exonerated.
If you or a loved one have been charged with sexual abusing a student, you need to contact an experienced criminal defense attorney immediately.
The skilled team at Liberty Law Group is ready to build your defense against all sex crimes, including receiving sexual abuse by a teacher. Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
Information Center
- What Is Sexual Abuse by a School Employee?
- Penalties for Sexual Abuse by a School Employee
- Non-Jail Alternatives
- Common Defenses
- Role of a Sex Crimes Lawyer
- Frequently Asked Questions
- Additional Resources
- Hire a Sexual Misconduct Attorney in Omaha, Nebraska
What Is Sexual Abuse by a School Employee?
According to Nebraska Revised Statute 28-316.01, to convict a school employee of sexual abuse, the prosecutor must prove:
- Sexual Contact: Involves the intentional touching of intimate parts, either directly or through clothing, for sexual arousal or gratification. It also applies when the victim is made to touch the employee’s intimate parts.
- Sexual Penetration: Includes sexual intercourse, oral sex, anal sex, or inserting body parts or objects into genital or anal openings, excluding medical, health, or law enforcement purposes.
The employee must be at least 19 years old and employed by an accredited school, while the student must be between 16 and 19 years old and currently attending or recently attending the school. The student’s consent does not excuse the employee’s actions under this statute.
Penalties for Sexual Abuse by a School Employee
| Classification of Offense | Penalties |
| First-Degree Sexual Abuse | A Class IIA felony, carrying a penalty of up to 20 years in prison. |
| Second-Degree Sexual Abuse | A Class IIIA felony which is punishable by 3 years in prison, a $10,000 fine, and 18 months of supervision following release. |
| Third-Degree Sexual Abuse | A Class IV felony, carrying penalties of up to 2 years in prison, a $10,000 fine, and 9-12 months of supervision following release. |
Non-Jail Alternatives
- Probation: For some defendants, probation may be an option instead of jail time, particularly if the defendant has no prior criminal record.
- Diversion Programs: If eligible, a defendant might enter a diversion program that focuses on counseling or rehabilitation instead of incarceration.This can result in a dismissal of the charges.
Defenses
- No Sexual Contact or Penetration: A key defense is proving that no sexual contact or penetration took place. Evidence like witness testimony or physical records can be used to challenge the prosecution.
- False Allegations: In some cases, the defense may argue that the accusations are false and motivated by personal vendettas, school disciplinary actions, or misunderstandings. This defense is strengthened by showing inconsistencies in the accuser’s story, or a lack of corroborative evidence.
- Mistaken Identity: The defense may argue that someone else was responsible for the alleged conduct or that the incident was misunderstood.
Role of a Sex Crimes Lawyer
- Explanation of Charges: Your sex crime lawyer will explain the charges and penalties to you, ensuring you fully understand your situation.
- Gathering Evidence: The lawyer collects evidence, including witness statements, emails, or text messages, to help build your defense.
- Review of Police Reports: They review the police reports and any statements made by the student to spot any inconsistencies or weaknesses in the prosecution’s case.
- Court Representation: Your lawyer will represent you during court appearances and help you act appropriately during interviews with authorities.
- Negotiating with Prosecutors: The lawyer communicates with the prosecution to explore plea deals or other options and keeps you informed about case progress.
Frequently Asked Questions
What is sexual abuse by a school employee?
It involves inappropriate sexual behavior between a school employee and a student, including sexual contact or penetration.
What are the Nebraska laws relevant to sexual abuse by a school employee?
Nebraska Revised Statute 28-316.01 defines and outlines penalties for sexual abuse by a school employee.
What is sexual contact under Nebraska law?
Sexual contact involves intentional touching of intimate parts, either directly or through clothing, for sexual arousal or gratification.
What is sexual penetration?
Sexual penetration includes intercourse, oral sex, anal sex, or insertion of body parts or objects into genital/anal openings.
What are the penalties for first-degree sexual abuse by a school employee?
First-degree sexual abuse, involving penetration, is a Class IIA felony, punishable by up to 20 years in prison.
What are the penalties for second-degree sexual abuse by a school employee?
Second-degree sexual abuse involves sexual contact and is a Class IIIA felony, with up to 3 years in prison and fines.
What are the penalties for third-degree sexual abuse by a school employee?
Third-degree sexual abuse involves a pattern of conduct leading to sexual acts and is a Class IV felony, with up to 2 years in prison.
Can the student’s consent be used as a defense?
No, a student’s consent does not excuse or mitigate the school employee’s actions under Nebraska law.
What defenses are available in sex abuse cases?
Common defenses include denying that sexual contact occurred or arguing that the accusations are false and motivated by personal reasons.
How can a criminal defense lawyer defend me?
A lawyer gathers evidence, advises the accused, negotiates with the prosecution, and protects the defendant’s legal rights.
Additional Resources
- Nebraska Sexual Abuse by a School Employee Law: Defines sexual abuse by school employees and details the penalties for various degrees of the offense.
- Sexual Misconduct Guidance: The Nebraska Department of Education provides guidance on preventing and addressing sexual misconduct, including handling allegations.
- Lawmakers Seek to Hold Public Schools Liable: A legislative proposal aims to make schools and state employees liable for child sexual abuse when negligence in protecting students is proven.
Hire a Sexual Misconduct Attorney in Omaha, Nebraska
The skilled team at Liberty Law Group is ready to build your defense against all sex crimes, including receiving stolen property. Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
