HILLSBORO, Ore.- On March 4, 2019, Judge Andrew Erwin sentenced John Patrick Gilbreath to five years of probation with credit for time served following his conviction for Unlawful Sexual Penetration in the First Degree.

Gilbreath worked at Partridge House daycare in Beaverton. Following his conviction at trial, he faced a mandatory 25-year minimum prison sentence pursuant to Oregon’s “Jessica’s Law” for sexually abusing a three-year-old child at the daycare. However, the court determined that a 25-year prison sentence would be unconstitutional in Gilbreath’s case because there was not sufficient evidence to prove that Gilbreath’s actions were done with a sexual intent. Gilbreath will be required to register as a sex offender and while he is on probation he will undergo sex offender treatment and be forbidden to have contact with minors.

Oregon’s “Jessica’s Law” is the name used to refer to a law that requires minimum sentences for certain sex crimes against young children. Many states across the nation have similar versions of “Jessica’s Law.” This case highlights the challenges of addressing child sex abuse when often the only evidence of the crime is the statements of a very young child victim.

See our press release on Gilbreath's conviction here.