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.