Joshua Marbury and Alicia Quinney claim they left their one-year-old son Jacob with the babysitter to go on a date night in March.
The couple, from Sherwood, say they returned home to find their son screaming and the babysitter fast asleep.
They say Jacob was covered in bruises the next morning and they reported the incident to police. However, two months later with no criminal charges being filed, they claim the authorities have let them down.
Frustrated, Marbury took to Facebook on Friday to vent that he believes a previous court ruling is stopping his son’s alleged abuser, who he did not name, from being charged – and posted pictures of Jacob in the bath with extensive bruising on his face.
Marbury was referring to a 2012 ruling in the Oregon Court of Appeals which prosecutors say make it harder to file charges in cases of abuse where the victims can’t speak, according to OregonLive.
In order to convict a child abuser of felony assault or criminal mistreatment, according to the website, prosecutors have to prove the victim suffered a ‘physical injury’ and suffered ‘substantial pain’.
How insane is THAT! So a guy allegedly beats a 1-yr-old so badly that you can see the handprints on the child’s face, but the parents can’t prosecute, because the victim (the 1-yr-old) can’t prove she suffered a ‘physical injury’ and is in ‘substantial pain’. REALLY? So the baby screaming when the parents got home was not enough? The bruises all over the face and head of the child were not enough? The doctors who examined the baby and said these injuries could have resulted in death…was not enough? What is wrong with THIS court system, that a child can NOT be protected by the law? Yet, you do realize if we did this to our OWN child in the parking lot, police would have been called, we would have been arrested for child endangerment, and our child would have been put in DCFS “under protection”. How insane is THIS!?
‘Something needs to be done. NOBODY can just hit a child and more to just get away with it because the child can’t verbally tell you.’ #JusticeForJacob
Washington County Deputy District Attorney Dustin Staten told Oregon Live he had not seen the pictures of Jacob posted on Facebook by his father, although pictures were taken in Jacob’s case.
The Washington County District Attorney’s Office said a formal decision has not been made on whether to prosecute the accused person, the TV station reported.
A Change.org petition, which describes Jacob’s ordeal, has been created in an effort to have the Oregon Supreme Court overturn the lower court’s relevant ruling.
“The abuser is able to walk away with no charges solely because the victim … cannot verbally (attest) to his abuse,” the petition states. More than 14,000 people had signed the online document as of Monday afternoon.
You want to help? Sign the petition and share on social media!