SHERWOOD, OR --An Oregon couple claims the babysitter who they say abused their 1-year-old son was not charged because the baby boy wasn't able to tell police what happened.
The couple is taking their case to social media.
Alicia Quinney and Joshua Marbury say they left their son, Jacob, with a babysitter, but returned to find him alone on the floor in his room crying and the man they trusted to watch their children asleep on the couch.
WATCH VIDEO: Dad accuses daycare of scrubbing son's skin raw
Quinney says the sitter, a family friend, told her he'd fallen asleep and didn't know what had happened. She says it wasn't until the next morning that Jacob's injuries became evident.
"The first thing I saw was Jacob's black eye," said Quinney. "And I was like, oh my gosh, what happened? And he turned over and the whole side of his face was black and blue."
Quinney and Marbury said they took their son to the hospital, where doctors and social workers took pictures, documenting the injuries. They also filed a police report, but more than two months after the incident, there has not been an arrest, which frustrates Jacob's parents.
"I saw the evidence and what the doctors told me and showed me of a handprint on his face," said Marbury. "There's no denying what he did."
According to Sherwood Police, the man was questioned, but not arrested.
WATCH VIDEO: Little boys suffer horrific sunburns during day care trip
Quinney says a detective later told Jacob's parents the man admitted to slapping him.
A spokesman with the Sherwood Police Department said the case is under investigation and that it was forwarded to the Washington County District Attorney where it has been there for months.
KPTV reports that another Oregon prosecutor, speaking on the condition of anonymity, said child abuse cases are often very difficult to prosecute because of the way Oregon law is written. State statute requires a prosecutor to prove beyond a reasonable doubt there substantial pain and serious physical injury to the child and when there is no witness to the act or if the child is too young to say he or she was in pain, the burden of proof is high.
Frustrated with the legal system, the couple posted a picture of their badly bruised son Jacob to call attention to the case.
Marbury and Quinney said the prosecutor on the case told them there isn't currently enough evidence to bring charges against the suspect. They say they will continue to fight for a conviction.