Brittany Lynn Rosser claims she called 911 in January after her boyfriend, Thomas Boden of San Angelo, Texas, drunkenly attempted to crash her car. Prior to this incident, Boden had been at home with Rosser's children while she was at work.
When the police arrived at the couple's home, instead of simply hearing about a tale of domestic strife, they heard a little girl screaming: “My butt, my butt!"
“So I laid her down and opened her diaper to find an enormous amount of blood and a clear vaginal tear,” Rosser wrote on Facebook, Raw Story reported.
The child claimed Boden had sexually assaulted her, and a hospital later confirmed that she had been sexually assaulted.
Rosser’s 4-year-old daughter witnessed the attack.
“She told me Tom held (my daughter) down on the floor holding a shirt over her face while she was screaming and ‘cut’ her private area with his hands,” Rosser wrote. “Later I searched the house and found another diaper and TONS of bloody wipes in the trash along with empty beer cans. All was taken into evidence with Thomas’ DNA all over it. He never even tried to hide the evidence.”
Boden was later charged with aggravated sexual assault of a child and accepted a plea deal granting him 10 years of probation. He will not have to register as a sex offender, and he will not have to serve any prison time.
Prosecutors claim the sentence was best for the victim, according to Raw Story.
“In this case, we were dealing with a child who was 2 years old at the time of the offense, no adult witnesses, but serious injuries,” Assistant District Attorney Jason Ferguson said in a statement on Monday. “When we were looking at our options, my primary concern was for the best interest of the child, including considering what going through the rigors of trial preparation and testimony in front of a jury would be like for a toddler.”
He added: “The only witnesses to this offense were both toddlers — one was 2 and one was 4. The possibility of one or both of these children being unable to testify was extremely high, if not a certainty.
"If that were to happen, we faced the very real possibility that the Defendant would be found Not Guilty and simply go home with no consequences. That was something we could not risk.”
The community was outraged by the sentence and about 1,000 people registered to attend a protest of his decision outside of Tom Green County Courthouse.
"This is a broader issue about how our society views sexual violence,” Texas Association Against Sexual Assault representative Rose Luna told protesters.
“Once you hear that, it absolutely makes your heart skip a bit. It makes you pause,” she added. “It makes you say, ‘Here we are ... in a highly civilized society, yet we have no grand jury indictment of a child sexual assault on a 2-year-old child.’”
Boden’s sentence still stands.