You Won’t Believe the Outrageous Legal Reason This Toddler’s Brutal Attacker Walks Free

May 25, 2016
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FACEBOOK/Joshua Marbury

Graphic photos of a bruised and battered toddler have gone viral after an outraged father posted them on Facebook, seeking justice.

In his call-to-action post, Joshua Marbury explained that his 1-year-old son, Jacob, was brutally attacked by a babysitter back in March. Marbury and the child’s mother, Alicia Quinney, had returned home from a date night to find the babysitter — a family friend — asleep on the couch and their son crying in his crib.

It wasn’t until the following morning that the couple saw why their son had been so upset.

“The first thing I saw was a black eye,” Quinney told Oregon Live. “I thought maybe marker got on his face or something. When he turned over, his whole right side of his face — black and blue.”

There were actually more marks on Jacob’s back arm and right ear, she said, which aren’t visible in these two photos. A detective told the parents the attack could have been fatal.

As it turns out, photo evidence (and even a confession by the alleged attacker, according to Marbury) aren’t enough to press charges in Oregon because of one shocking reason: the tot can’t talk. This injustice is the result of a 2012 ruling that says the victim must be able to describe the pain suffered.

“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,” Marbury wrote in the post accompanying the disturbing photos of Jacob’s injuries.

According to Oregon Live, in order to convict a suspected child abuser of felony assault or criminal mistreatmentprosecutors must prove the victim suffered a “physical injury” under Oregon law. This also means proving the person experienced “substantial pain.” Unfortunately, the appeals court has made this a difficult task unless victims can talk about how they suffered — meaning young children, kids with autism and other developmental disabilities and older children who don’t want to speak out against abusers are out of luck. Proving “physical injury” can be tricky, too. This is because the appeals court has ruled that bruises, shallow cuts and welts aren’t enough to show a victim suffered an “impairment of physical condition.”

Marbury’s Facebook post of his son’s injuries has been shared more than 364,000 times so far. Hopefully, this awareness helps bring about change to the system to ensure that Oregon children are protected from abuse — and that abusers pay for their cries. As Marbury wrote, “NOBODY can just hit a child and more to just get away with it because the child cant verbally tell you.”

You can view the Facebook post here:


  1. Maleficent James

    May 25, 2016 at 4:14 pm

    Why is he keeping the babysitter anonymous?? Share her picture and let the people take care of her.

    • Monica Moran

      May 25, 2016 at 5:09 pm

      It’s not allowing me to put photos here, but when you read the article there is a link to the baby’s dad Facebook and in the comments one of the friends mentions who it is and shares a now deleted Facebook profile of the abuser.

  2. Prekshya Aryal

    May 25, 2016 at 5:08 pm

    True, share the picture of babysitter so tat everyone can be aware of such a cruel person and help other babies not be the victim. Where is humanity? I can’t even look at that picture. Shame on such law

  3. Amanda Dixon

    May 25, 2016 at 5:35 pm

    This is horrible! That poor wee bubba. Who made such a stupid ridiculous law?! There will be a whole lot of people in that area that get away with abuse. Outrageous!!

  4. Jaclyn Pascale Martinelli

    May 25, 2016 at 6:18 pm

    The law needs to be addressed since babies are unable to verbalize pain but definitely can experience it from being abused. This will not be the only time unfortunately that this can affect a poor innocent baby!! Disgusting.

    • Cassi Jean

      May 26, 2016 at 2:14 am

      The article isn’t there anymore. What state was this in?

    • Jaclyn Pascale Martinelli

      May 26, 2016 at 2:25 am

      Oregon I believe

    • Marcy

      July 23, 2016 at 9:13 pm

      WTH? So it is okay to brutalize an innocent child and get away with it because they can’t speak? If you have children, get the hell out of Oregon. Get rid of the legislators who passed this law. Vote in sensible people.

  5. Fadumo Hassan

    May 25, 2016 at 7:17 pm

    I can’t read the article, it’s not there anymore.

  6. Kristina Gjorgjievska Gonzales

    May 25, 2016 at 9:30 pm

    Not able to open the article

  7. Edita Haziri

    May 25, 2016 at 10:01 pm

    Tristan Seabridge this is what that comment was meant for.

  8. Erik

    May 26, 2016 at 7:52 pm

    So, in Oregon, someone can kill and admit it, and get away with it? Because the “body” couldn’t talk and tell who did it. What’s the difference in this scenario? The toddler could’ve died, but since he can talk or tell who did it, makes it ok that he was almost in deaths bed? Stupidest law ever.

  9. Tina Geane

    May 26, 2016 at 9:41 pm

    This poor baby! ( and parents) of course a baby can’t verbally describe the physical pain & let’s not forget mental pain. What it sounds like is children under the age of speaking no matter how bad if they can’t express themselves verbally then it’s not abuse! And that’s absurd! These laws need to be changed with the utmost urgency! The more “BAD” people learn of these loop hools the more are going to get away with evil! What a shame!!

  10. Kelly

    May 26, 2016 at 10:04 pm

    This is sad, that poor boy looks like hes in pain by the looks of thoes marks, who the hell could do somthing like that, i would punish them just like they did my child if no justice was given, like come on this is why us adults are here and why we are there protectors, thier providers, we are hereto speak up for our children when they cant speak for them selves, anyone in thier right fucking mind would know that, incudung the justice system, try taking and smacking around a judges infant child and see if he would like it. If justice isnt going to be served just take justice inti ur own hands no baby/child should ever go through that, no matter what.

  11. Grimm

    May 27, 2016 at 1:18 am

    My daughter was abused by my in-laws when she was about a year old as well. My husband and I had to take care of some legal issues at the courthouse. Rather than take our baby we left her with her grandparents, my in-laws, for a few hours. When we picked her up after a few hours she was screaming and crying and not even seeing us could get her to stop. They told us she was being fussy and didn’t take a nap. Since my little girl was crying and red faced I didn’t know what to think.

    The only way we knew something else happened was anytime we took her over there to visit she cried and screamed at the sight of my in-laws and their house. We stopped taking her there not long after we figured it out. Since then my father-in-law passed before my daughter turned 2 and his wife (husband’s step mom) left the area and moved across the country to be with her own kids.

    My daughter is now 4 and a half and very well adjusted. I am happy she doesn’t remember what could have been done to her and she has a great relationship with my parents, her other set of grandparents. I refuse to let any of my husband’s family have relationships with my daughter because of other possible abuse situations but she isn’t missing anything since they are all dirt bags anyway.

    Hopefully this little boy can develop and grow into a bright and happy person despite what has happened at the hands of a family member. No child deserves this treatment from someone who is suppose to love and cherish them.

  12. Elizabeth Ramirez

    July 20, 2016 at 10:19 pm

    How sad!! . It’s just ridiculous, how a baby can talk. I’m sorry for the little one.

  13. Jen Stanley Vieth

    July 20, 2016 at 10:26 pm

    So, abuse is not abuse unless the child can verbally say so? This obviously does nothing to protect children and hold abusers accountable. What the hell?

  14. Lisa Delatte Durocher

    July 20, 2016 at 11:23 pm

    So basically, the abusers are being protected rather than the victim. That’s just wonderful…

  15. Vicky Petoyan

    July 21, 2016 at 1:35 am

    I would beat the person who did this to the point where they wouldn’t be able to tell verbally and physically who it was.

  16. Andrea Leon

    July 21, 2016 at 1:48 am

    I will be the one who ‘ll be making the news, that babysitter will have been three feet underground, will save our tax payers a lot money, mental illness, solved…abused?. Not anymore, rehab…Yeap!! three feet underground, OMG!!

  17. Henry Propper

    July 21, 2016 at 2:47 am

    That guy would not be able to tell them how much pain I inflicted on him either… so we would both go free I guess

  18. Shawna Bolen

    July 21, 2016 at 4:38 am

    There must be some kind of child advocacy group who could help with this! This is outrageous!

  19. Nadejda Grajdean Galusca

    July 21, 2016 at 6:25 am


  20. Zerimar Ali

    July 22, 2016 at 5:02 am


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