In a Facebook post, Joshua Marbury explained that when the couple woke up to check on their child, they saw he was covered in bruises, which doctors said could have killed him. The Marbury’s called police but there was not much the police could do thanks to a quirk in Oregon law. Despite photo documentation and having a confession from the babysitter no charges were filed.
According to the Oregonian, a 2012 court ruling requires prosecutors to prove an abuse victim experienced “substantial pain”. In this case, that is nearly impossible because the abused child cannot speak.