An Omaha woman accused of sexually assaulting two girls now faces three additional charges involving a third girl who told police the woman inappropriately touched her when she was as young as 7 years old.
Brittianee Bates, 23, will stand trial on three counts of first-degree sexual assault, two counts of intentional child abuse and three added counts of third-degree sexual assault of a child.
The allegations date back to as early as 2015 and involve three girls who were on the same drill team as Bates and a fourth who went to a day care where Bates worked.
A Tuesday court hearing for Bates, besides updating the charges against her, essentially was a redo of a March hearing when a Douglas County judge dismissed all charges against Bates, citing insufficient evidence.
The Douglas County Attorney’s Office then immediately refiled the case. Attorneys said an Omaha police detective had not testified to the ages of the alleged victims, which is a required element for all the charges.
Omaha Police Detective Nicole Walker testified Tuesday that a then-10-year-old girl later told police she was inappropriately touched by Bates at Bates’ northwest apartment in December — the same month that two other girls reported assaults to police.
The first girl told investigators she was 12 years old in September 2018 when she spent the night at Bates’ apartment. The girl told police that Bates was tending to her baby and then asked the girl to come to the kitchen, where she digitally penetrated and performed oral sex on the girl. Bates would have been 20 years old at the time.
The second girl didn’t provide police with exact dates but said she was 9 or 10 years old when Bates sexually assaulted her during two different instances during sleepovers at Bates’ apartment — in 2015 or 2016, Walker testified.
The girl told police that Bates performed oral sex on her and forced her to perform oral sex on Bates and another minor girl. Bates would have been 17 or 18 years old then.
The other minor girl, who is not listed as a victim in connection with the charges, has so far declined to speak to police, Walker testified.
A third girl told police she was 10 years old when she was inappropriately touched on her butt by Bates at Bates’ apartment. Bates would have been 18 years old then.
The fourth girl, who told police she was inappropriately touched in December when she was 10 years old and Bates was 22 years old, also said Bates told her to shower with her.
“She felt like she didn’t have another choice,” Walker testified, referring to the girl.
The girl said Bates touched her breasts during the showers, which occurred more than once in 2019 and 2020, Walker testified.
The girl said she first was inappropriately touched by Bates at a birthday party in April 2017 at what she called the “day care house” near 20th and Emmet Streets. The girl, who was then 7 years old, told police that Bates, who would have been 19 years old then, tried to unzip her onesie and touched her breasts over her clothing.
After Douglas County Judge Marcela Keim agreed there was probable cause to proceed on all counts, one mother breathed a sigh of relief. During questioning from Bates’ defense attorney, the mother, who was sitting in the gallery, at one point became exasperated and raised a middle finger.
She and another mother declined to comment after the hearing.
Bates is being held on $500,000 bail. Two people who left with Bates’ defense attorney declined to comment.