Nebraska STOP-Funded Prosecutor Secures Conviction of Resident Advisor for First Degree Sexual Assault

The STOP-funded prosecutor in the Nebraska Attorney General’s Office, which has a STOP Grant to provide assistance to local prosecutors on violence against women cases, was asked by the Wayne County Attorney’s office to work with them on the prosecution of a Wayne State College student dormitory resident advisor.  On multiple occasions, the resident advisor was asked to take a turn watching over a female college student who had just experienced an epileptic seizure.  After the student has a seizure, she mentally reverts back to the state of a very young child for several hours.  It was during these recovery periods that the resident advisor sexually assaulted the student rather than ensuring her physical and mental well-being. 

Serving as lead prosecutor in the pretrial and trial phases of the case, the STOP-funded prosecutor from the Attorney General’s Office worked with the County Attorney to develop the case strategy and prepare for trial.  The resident advisor claimed that the sexual activity was consensual, but the team of prosecutors was successful in proving that, because the victim was incapacitated during the assault, she could not consent.  The defendant was convicted by a jury of 1^st degree sexual assault and was sentenced to 4-6 years in prison.