Petition started after Sherwood parents voice frustration over O - KPTV - FOX 12

Petition started after Sherwood parents voice frustration over Oregon child abuse laws

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Image of Jacob after incident (Courtesy: Joshua Marbury) Image of Jacob after incident (Courtesy: Joshua Marbury)

An online petition for justice is now making waves across the nation after a Sherwood couple said their baby boy was badly beaten but his alleged abuser is walking free, and now the couple is blaming the legal system.

The Sherwood couple said a babysitter confessed to slapping their one-year-old son Jacob, causing deep bruises. Thankfully, there were no broken bones.

That was two months ago.

Jacob is doing much better, but the family wants the person who hurt him brought to justice.

Sherwood Police said the babysitter was questioned but not arrested. The case was forwarded on to the Washington County District Attorney's Office where it has been ever since.

The couple said a prosecutor told them a quirk in Oregon law, stemming from the case State v. Wright back in 2012, requires proof that victims of child abuse were in substantial pain, but Jacob is too little and couldn't tell anyone he was hurt.

"He told me we can not press charges, at all. It's absurd. I mean, what if my kid was mute? What if my kid was in a coma," said Joshua Marbury, Jacob's dad.

Jacob's parent have now taken their case to social media. A petition on is now calling on the Oregon Supreme Court to change the law and review the case.

The petition needs 25,000. After just 24 hours, the petition has received over 21,000 signatures as of 8:30 p.m. Monday.

The Washington County DA's Office said the case is still open and under investigation. They said they're still gathering evidence.

Senior Deputy DA Kevin Barton told FOX 12 they are doing what they can based on Oregon law as it's written, and he too is frustrated by the current state of the law.

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