The girl, who is identified as 'Ashley,' has been charged by police for aggravated sexual assault.The alleged assault took place in April, Ashley was among a group of children who were playing doctor.
A neighbor saw the children playing and called the mother of a 4-year-old boy who was also playing in the group.
Houston police have said that Ashley was inappropriately touching the 4-year-old boy.
'I’ve never dealt with a child this young being accused of a crime,' Quanell X, who is working with Ashley’s family, told KRIV.
'In fact this was nothing more than inappropriate horseplay that has now led to a child that is 10-years-old being charged with aggravated rape.'
The little girl was held for four days in the Harris County Juvenile Detention Center in June.
Her mother has called the entire ordeal a 'nightmare', 'That’s my baby and just the thought of her going through something like this it hurts me,' she said.
The mother was barred from sitting-in on a 45-minute questioning of her daughter.
Ashley’s hearing for sexual assault charges will be in October.
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