What’s up with the legal system nowadays? That’s what an Oregon family is struggling with as they posted a photo of their abused son online while begging that justice be had. in March they left their 1-year-old son Jacob with a family friend who babysat the child while Alicia Quinney and her boyfriend, Joshua Marbury, went out on a date. When they got home, Jacob was distraught. He was alone in his room crying. The male babysitter was crashed out on the couch. Severe bruising developed the next day and actually formed a hand print on the right side of the baby’s face.He was taken to a number of doctors for examination of the injury, and they went to the police where a detective stated the injury could have killed the child. Marbury stated that days later he had a confession from the babysitter saying he did it.Arrested immediately, right? Wrong. It’s been more than two months. No arrest. With nowhere to turn they reached out to social media to tell their story and share photos of the poor child who was allegedly abused.He explains his social media outreach:
“I normally keep my matters with family very private cause I dont need the attention. But this is different. After TWO months of waiting we only find out that charges are dropped BECAUSE my one year old cannot tell you verbally he was abused and my son did not show he was in pain OR that this person “intentionally” did this,” he said. Apparently this is some ruling by Oregon Court of Appeals making it difficult to prove “substantial pain” when the victim can’t speak.This relates to a 2009 conviction of an Oregon babysitter. The case was actually overturned by a panel of judges in 2012, due to the fact that the 16-month-old child, the one who was allegedly abused, could not verbally explain how “substantial pain” was experienced!Bruises and minor cuts aren’t good enough for the judges and apparently not evidence enough to convict.This legal jargon works directly against an infant, toddler, or someone who is unable to verbally speak, not to mention a child who is afraid to speak out. So it essentially makes it impossible to convict abusers!Jacob’s parents are calling B.S. on this and are speaking out as loudly as possible to shove the ridiculous law back in the faces of the judges and lawmakers who are enforcing it. “A dead body can’t tell you who killed them. Yet a baby isn’t held to the same standard because he cant talk? Well neither can a dead body,” Marbury states.
The attention is getting out there and A GoFundMe campaign for the family went live and will help cover counseling for Jacob’s sister, Jaylynn, and any future attorney fees to continue to fight this injustice.“NOBODY can just hit a child and more to just get away with it because the child can’t verbally tell you,” Marbury wrote in his post. Another effort is being made by Change.Org in the form of a petition which calls for the Oregon Supreme Court to review this case. So far it has more than 13,000 signatures, and no doubt that number will be increasing as more and more people learn about this story and the injustice involved.
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