HOUSTON -

A Houston family has filed a lawsuit against a local moving company.  The action comes after one of the men sent to their home was charged with sexually assaulting their 5-year-old daughter.

It happened in the affluent community of West University Place where the family lives, but the mom told us it's not about the money. It's about holding company's accountable for sending criminals inside our homes.

"My children were playing with Legos on the floor and the mover approached my daughter and lifted her skirt and took pictures, among other things," the mom told Local 2.

We're not revealing the mother's identity because police say her daughter is a victim of sexual assault. They charged 25-year-old Justin Summers with indecency with a child and attempted promotion of child pornography after they say he went into an upstairs bedroom where the family's 5-year-old daughter and 7-year-old son were playing out of the way of movers.

They say Summers lifted the girl's skirt, removed her underwear and took video with his cell phone. When the 7-year-old boy made an outcry months later, police say the evidence was still on Summer's phone.

"We were horrified. We were angry," the mom said.

But Local 2 discovered even before this incident, Summers pleaded guilty to burglary of a vehicle, possession of marijuana in 2009 and he was on probation for a 2010 assault on a public servant.

"I think that's really scary because we all assume and especially on their website at that time and even currently today they still advertise that they are nationally cleared by a background search," said Macias Adrogue.

The moving company, A Better Tripp, is a member of the Houston Better Business Bureau with an A+ rating. The owner didn't return our call Tuesday, but last year he told us Summers was the son of the operations manager and that Summers had been in thousands of homes across Houston.

He's still in jail awaiting trial, but the mom says the incident has left her son and especially her daughter with lasting scars.

"She didn't want to hug her father or give her father kisses. She didn't want to wear skirts anymore and she still doesn't like to leave my side. She doesn't like for me to leave the room," she said.

There is no requirement that moving companies do criminal background checks on employees. The only way that you can make sure you know who is in your home is to ask the company to tell you ahead of time who it is sending and do a background check yourself on the individuals.

Summers is currently charged with indecency with a child and attempted promotion of child pornography. His criminal trial is scheduled for late August.