Thomas Boden of San Angelo, Texas, who allegedly sexually assaulted a 2-year-old girl to the point that she bled profusely, has accepted a plea deal that will not require him to serve any jail time.
Boden was charged with one count of aggravated sexual assault of a child and one count of indecency with a child sexual contact in April, Inquisitr reports.
As part of the plea deal, both of those charges were dropped against Boden and he pleaded guilty to first-degree felony injury to a child with serious injury.
Boden’s sentence is 10 years deferred adjudication probation with no jail time.
He will not be required to register as a sex offender.
Assistant District Attorney Jason Ferguson said the plea deal was the right decision.
“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,” Ferguson said. “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. In addition, I had to consider the very real possibility that if the child was unable to testify, the defendant would simply go home with no consequences.”
The medical examination of the child following the assault found her to have a laceration that indicated “a recent penetrative trauma” that was too severe to have been caused by the child herself.
Boden’s girlfriend’s 4-year-old daughter reportedly witnessed the assault on her sister, Opposing Views reports.
“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,” girlfriend Brittany Lynn Rosser wrote on Facebook. “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.”
The community expressed their anger over Boden’s sentencing but it will stand.
"This is a broader issue about how our society views sexual violence,” Texas Association Against Sexual Assault representative Rose Luna said. “Once you hear that, it absolutely makes your heart skip a bit. It makes you pause. It makes you say, ‘Here we are in 2015, in a highly civilized society, yet we have no grand jury indictment of a child sexual assault on a 2-year-old child.’”