We're calling the 10 year old girl Ashley to protect her identity because she faces some very tough allegations.
She says, "I was at the track with my friend cuz I like running track with my friend and then my Mom called my friend and she told me that my Mom said I had to come home."
That's the kind of conversation you expect to hear from a 10 year old girl. But Ashley's Mother didn't want her to come home because it was late. Her Mom wanted her home because this 4th grader was being arrested by HPD for aggravated sexual assault. The cops was waiting to take Ashley into custody.
"I was crying and they took me to the car and I didn't want to get in and I was crying and I was moving and trying not to get in the police car and my Mom told me to calm down," says Ashley.
Let's take you to the beginning of this story....It happened back in April here in the courtyard of this apartment complex. Quanell X, who has been working with the family, says Ashley was among a group of children playing. That's when a neighbor saw something and called the mother of a 4 year old boy who was also playing in the group. Ashley was accused of touching the child in his private area.
Quanell says, "I've never dealt with a child this young being accused of a crime. In fact this was nothing more than inappropriate horseplay that has now lead to a child that is ten years old being charged with aggravated rape."
To give you a better picture X says Ashley, who was then 9 years old, was playing doctor with the other kids in that courtyard. She was accused of inappropriately touching the 4 year old boy. It was a game that landed the 10 year old at the Harris County Juvenile Detention Center in June...
That's because the charges and arrest came two months after the initial complaint in April according to Ashley's mother.
She says, "it's a nightmare even having to go through something like this because that's my baby, that's my baby and just the thought of her going through something like this it hurts me."
Ashley's Mother also says the Houston Police sex crimes investigator didn't allow her to sit in on the questioning of her daughter. She says a 45 minute long interrogation that left her 10 year old in tears.
A spokesperson for HPD says they're not commenting on the case because it involves a juvenile....
Meanwhile, Ashley and her mother could not talk about the facts of the case - it's clear their claiming the young girl did nothing wrong. A girl who has to be consoled by her mother when she talks about being held in juvenile custody those four days.
Ashley says, "when my Mom came to see me I said I wanted to go home and then she said I couldn't go home and she was like I know you want to go home."
Ashley is expected to be in court in October on the sexual assault charge.