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Parents outraged after babysitter who allegedly hit their baby won't be charged
January 26, 2017
Two Oregon parents are furious and taking to social media after they say police dropped charges against a babysitter that slapped their one-year-old son so hard it bruised his face, according to WTVR. Alicia Quinney and Joshua Marbury left their son with a sitter for a date night and came home to find the sitter asleep on the couch and their baby crying, The Oregonian reported.
Quinney comforted her son, put him back to sleep, and when she woke him the next morning she noticed something was wrong. He had a black eye and a bruise that covered the entire right side of his face, as well as bruising on his ear, arm and back, so she took him to the hospital.
Doctors and social workers took photos of the child, documented the injuries and then filed a report with the police. This all took place two months ago, but no arrests have been made, despite a confession from the sitter, according to Joshua Marbury's Facebook page.
"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 ... or that this person "intentionally" did this," Marbury wrote in his Facebook post.
Under Oregon law, a child abuser can only be convicted of felony assault or criminal mistreatment if the prosecutors can prove that the victim experienced "substantial pain," according to the Oregonian. Problems in these types of cases typically arise during the appeals process when victims aren't able to describe the pain and suffering they went through at the hands of their abuser.
While the parents have enough evidence to prove physical injury, The Oregon Court of Appeals has ruled that welts, bruises and shallow cuts aren't enough to convict someone.
"Nobody can just hit a child and ... just get away with it because the child can't verbally tell you," Marbury wrote on his page.
According to the Oregonian, the prosecutor on the case had not seen the photos when making a decision about pursuing the case. "Seeing those photos has caused me to want to to take a different path ... there's additional people I need to consult with based on those photos I've seen today," District Attorney Dustin Staten told the Oregonian.
Jacob's parents are sharing their story on Facebook in hopes of getting public support to pursue the case further. The post has been shared almost 400,000 times.
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