WEEPING WATER, Neb. -- The Cass County attorney decided not to file charges after a 5-year-old boy accused a teenager of sexually assaulting him at a home-based child care in Weeping Water.

Kay Callahan said she knew something was wrong when her son came home on June 18.

“Nash just went up to his Dad and said, ‘Hey Dad, I have something to tell you, and you’re not going to like it,’” she said.

The boy told his dad, and later the Cass County sheriff, that he had been molested by a 13-year-old during a game of Truth or Dare at his day care.

“This 13-year-old had threatened him during the time this was going on,” said Callahan. “Because I had asked him, ‘Why didn’t you go up and tell the baby sitter?’ And he said, ‘He threatened to beat me up if I said anything.’”

The Callahans turned the case over to the Cass County sheriff and Nebraska’s Child Protective Services offices.

In a videotaped statement to investigators with Project Harmony, the boy described, in detail, what he said happened that day.

“They said Nash did awesome,” Callahan said. “He recalled everything that we had said in our police report that he had told us, and that should be enough to get charges filed.”

Based on the allegations, Child Protective Services had the day care operator sign a document, promising that the 13-year-old would not be left alone with the children at any time. The boy’s attorney also said he no longer attends school in Weeping Water. At this point, that is as far as the case will go.

“By the very nature of these cases, they’re frequently a he-said, she-said, or one word against the other,” said Cass County Attorney Nathan Cox.

Cox said he can’t prosecute the case because not only did the 13-year-old boy deny the allegation, but two other boys in the home, including one who claimed to have witnessed the incident, did not back the victim’s story.

“Both of the children that were interviewed flat-out denied that the things the victim said happened,” said Cox.

Cox also said he would need the 5-year-old to testify at the trial and his mother won’t allow it.

“That’s why we went to Project Harmony, because he’s 5 years old,” said Callahan. “We were trying to work through this so he could move on with this.”

“I sympathize with the parents because trial proceedings and being questioned by an attorney can be difficult things,” said Cox.

He said the defendant has a constitutional right to confront his accuser, and without the 5-year-old boy on the stand, it’s virtually impossible to prove the case beyond a reasonable doubt.

“It’s heartbreaking that this county won’t do anything for my son,” said Callahan. “And this other boy is allowed to do anything he wants to, with no remorse and no accountability for his actions.”

Callahan said she and her husband plan to take their complaint to the Nebraska attorney general.