Babysitter accused of assaulting baby could go free because of loophole in Oregon law

  • 8 years ago
SHERWOOD, OREGON — A babysitter accused of assaulting a 1-year-old might escape conviction because his victim can't talk yet. Apparently, in Oregon, abuse doesn't count if you can't articulate your pain.

With the law unable or unwilling to help, the indignant parents of the child have taken to social media to seek justice for their son.

Back in March, Joshua Marbury and Alicia Quinney went on a short date, leaving their son Jacob in the hands of a family friend.

Later that night, they came home to a screaming baby and a sitter snoozing on the couch. Quinney consoled her son, but didn't notice anything else.

The next morning, she was shocked to discover the baby had a black eye and several bruises on his face and body.

Jacob was rushed to the hospital, where doctors pointed out handprints and said the 1-year-old could have been killed.

The couple confronted the babysitter, who said he accidentally dropped the child before finally admitting to striking him across the face.

Armed with a confession, the couple turned to the cops, hoping for a conviction. They were denied on the grounds that Jacob can't actually speak, so he can't say he was abused.

Oregon law states that welts, bruises, and shallow cuts don't count as physical injury. Victims must suffer substantial pain for it to count as abuse, which is difficult to prove for the very young or impaired.

The only hope now is for the Oregon Supreme Court to change the law, something Jacob's parents are aiming to achieve with enough support.

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