A babysitter in Oregon was accused of abusing a 1-year-old child, but no charges were filed in the case. Instead, the infant's mother posted the story on Facebook in hopes that it would receive attention, which it most certainly has.
Alicia Quinney and Josh Marbury, the child's parents, reportedly went on a date in March and left their 1-year-old son Jacob in the care of a family friend for about two hours, WXIN reports.
When the couple arrived back at their home, Quinney says that Jacob was crying hysterically and the babysitter was sleeping on the couch.
"The first thing I saw was Jacob’s black eye," Quinney said. "And I was like, 'Oh my gosh, what happened?' And he turned over and the whole side of his face was black and blue."
Jacob was then rushed to the hospital where he underwent several tests. Quinney filed a police report, but the babysitter was not charged.
The reason for the lack of charges is said to come from a 2012 ruling by the Oregon Court of Appeals which makes it difficult to prove substantial pain in child abuse cases in which the victim cannot speak.
The couple was inspired to start a petition on Change.org in order to influence a change in the ruling in order to ensure "justice for Jacob." The petition has so far received nearly 42,000 signatures of its 50,000 goal.
Paul Mones, an attorney who is not involved with Jacob's case explained why the law is problematic, according to KTLA:
It’s giving a license to those abusers to injure children. If those children were in California, for example, or across the border — across the bridge up in Washington, that would not be the situation because the mere fact of the presence of bruises. The mere fact of the presence of scratches, etc. is an objective indicator of the injury.
To really look at the issue of whether a person can verbalize the emotional pain or can verbalize, ‘Oh, I can’t move my arm’ is really against everything we know about modern understanding of child abuse and the effect on children.