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Possible Lawsuit for Josh


DGayle

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I know others noted this as well, but I just watched the Kelly interview straight through for the second time and was truly struck how much both Jim Bob and Michelle bent over backwards to minimize what went on in their house.

They insisted the three oldest victims (family friend and Jill and Jessa) had no idea what happened until they were told later. We know this is a lie because at least one of them talked about a blanket being pulled off.

They insisted the littlest victims were only touched for a few seconds and had no clue anything bad had happened. So child molestation really doesn't count if the victims are very young and the perp - with his soft and tender conscience - says he only did it for a few seconds?

Yet Jessa herself called Josh "sly". And three years later, one of the young victims burst into tears during the police questioning.

Whenever Kelly tried to ask about any concern for their daughters - and I'll give her credit, she tried several times - they kept bringing it back to Josh, how they know he'd changed, how good of him it was to come to them and confess each time, how Jesus forgives all, how they'd never give up on their son. They expressed no real concern for any of the other children, victims or potential victims alike.

And I'm pretty sure the "accredited counseling" they got was years later and mandated by the system once the story finally came to light. They tried to make it sound like it was contemporary with the abuse.

The Duggars are liars.

All we really about what happened is that Josh assaulted at least five girls over at least a one year period in his parents' home. I'm not inclined to believe his parents' attempts to minimize what he did to the girls and I don't believe he ran to his parents and confessed each time. More likely he confessed when confronted, but there is no one to contradict Jim Bob and Michelle. I think it's likely Josh's actions were more forceful, more frequent, and much more frightening for the victims than the Duggars will ever admit to.

Which brings us to the non-family victim. Let's just imagine for a second that her memories are very different and she considers what Josh did to her more akin to an attempted rape. She was young, as Gothards her parents didn't want to make an issue of it at the time, but now she's a married adult and she's pissed. Pissed that people know she's a victim (as surely many around her do), pissed that the Duggars are lying their asses off, and pissed at her parents for sweeping it under the carpet. (It's doubtful she received any counseling).

On the surface a lawsuit makes sense under such circumstances, even with the statute-of-limitations issues, but any good attorney will sit her down and explain what will happen during the process. She'll be asked all sorts of uncomfortable questions and the defense attorneys will try to make her look like a liar, an exaggerator, or even worse, imply she possibly encouraged the activity.

For these reasons, even though there may be some truth to the rumors, I don't think there will be an actual lawsuit. Even if the victim is just interested in getting her day in court and not money, the only justice she'll ever really get is in the form of monetary damages. So it makes sense for the Duggars to try to pay her off now, before any suit is actually filed. And it probably makes sense for her to settle with them. Jim Bob hates to part with a penny so she may as well do the only thing she can - hit 'em in the pocketbook.

The *only* thing I'm addressing here is the highlighted, bolded. Alice by 2007 said the family was under the care of DHS, and had to report every six months, and the girls were getting counseling.

May 24th, 2007 at 3:05 pm

People, trust me or not. I know this for a fact. God’s honest truth that the molestation happened. It happened to four of his 5 sisters. The oldest daughter was not touched. The second daughter is the one who caught him doing this. There was no rape involved, but molested. I could go into detail, but I won’t. Of course, you can find nothing about the charges. The Duggar’s want to keep this hid. Wouldn’t you? They wouldn’t have the things that they do if it had gotten out earlier. That’s the way that they make their living and travel at the expenses of others.

Jim Bob and Michelle are very aware of this happening and have chosen to protect Josh over his sisters. The family is to report to DHS every six months and that the girls are in counciling. This is what the courts ordered. Jim Bob and Michelle both tried to lie their way out of this, but it didn’t happen. Just ask them, but they will just lie about it. They call their son “Precious Josh†and in their eyes he can do nothing wrong. What about the girls? I think that everyone should know about this problem and that the Duggars are frauds. They make the Talk Shows under the impression that they are pure and they receive “Love Offerings†from the viewers. He has got it figured out. How to be famous and make a living for his brood and not have to work to get it.

http://www.ibiblio.org/bascha/blog/2006 ... ay-on-tlc/

So if DHS ordered the girls counseling, I have no trouble believing the girls who said he got counseling, and paid for it himself. And while not exactly contemporaneous, certainly in the time *before* very public outting.

I don't like Josh, and I don't much care for the parents, but bad enough is good enough--no need to throw in the kitchen sink. I'm pretty sure DHS wouldn't have signed off on it if they weren't satisfied. NO, that doesn't guarantee that Josh managed to turn it around, but it is an indication. YMMV

ETA--I see I misunderstood. That the counseling was *after* Oprah. And after the police report left it at "Family in Need of Services."

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The *only* thing I'm addressing here is the highlighted, bolded. Alice by 2007 said the family was under the care of DHS, and had to report every six months, and the girls were getting counseling.

http://www.ibiblio.org/bascha/blog/2006 ... ay-on-tlc/

So if DHS ordered the girls counseling, I have no trouble believing the girls who said he got counseling, and paid for it himself. And while not exactly contemporaneous, certainly in the time *before* very public outting.

I don't like Josh, and I don't much care for the parents, but bad enough is good enough--no need to throw in the kitchen sink. I'm pretty sure DHS wouldn't have signed off on it if they weren't satisfied. NO, that doesn't guarantee that Josh managed to turn it around, but it is an indication. YMMV

ETA--I see I misunderstood. That the counseling was *after* Oprah. And after the police report left it at "Family in Need of Services."

My point was that Michelle and Jim Bob actively tried to give the impression during the interview that everyone got legit counseling around the time the abuse happened. However, no one in the family services system knew about the abuse until the late '06, which was almost 4 years after Josh started assaulting girls.

*Correction - It was almost 5 years after Josh first started assaulting the girls.

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It is kind of odd that an adult man needed his parents to explain his actions. Why hasn't Josh been interviewed. Why did Kelly even ask why he wasn't participating in the interview?

Josh so freely admitted to his wrongdoing (unusual really) and he has an opportunity to tell the media about how he has changed, what kind of help he has sought/ been given, how remorseful he is blah blah blah--but he hasn't taken it. Instead he lets his parents and victims apologize for him.

Meanwhile he acts all smug.

In the other thread where we are reviewing the old specials when Josh was a teenager, the thing that struck me was how confident he was in that footage. Out of all the kids he struts around like he is king of the world. It struck me as strange for a kid who has just been through a crises such as his family has (with him being the problem).

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It is kind of odd that an adult man needed his parents to explain his actions. Why hasn't Josh been interviewed. Why did Kelly even ask why he wasn't participating in the interview?

Exactly. I do get it now as others have pointed out that his lawyers have probably advised him to lay low and keep quiet. But really... why? It's very out of character for Smugs.

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My point was that Michelle and Jim Bob actively tried to give the impression during the interview that everyone got legit counseling around the time the abuse happened. However, no one in the family services system knew about the abuse until the late '06, which was almost 4 years after Josh started assaulting girls.

*Correction - It was almost 5 years after Josh first started assaulting the girls.

Did they say WHO accredited these counselors/program? Are the IBLP accredited? JB accredited? WHO? Let's not assume accreditation means accredited by appropriate body.

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In the other thread where we are reviewing the old specials when Josh was a teenager, the thing that struck me was how confident he was in that footage. Out of all the kids he struts around like he is king of the world. It struck me as strange for a kid who has just been through a crises such as his family has (with him being the problem).

I thought the same thing. He came across as a Smuggar at 16. Knowing what he'd been putting the girls (and his parents) through, it's sort of startling to watch him now.

I'm fairly convinced Josh still doesn't believe he didn't anything too wrong. Between the forgiveness of Jesus and the cult's - and his mother's ongoing insistence! - that females are always responsible for male sexual behavior, I wouldn't be surprised if he's still shocked the FRC sacked him.

Once he feels he's safely past the threat of any civil litigation, I envision some sort of attempt at a comeback.

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Did they say WHO accredited these counselors/program? Are the IBLP accredited? JB accredited? WHO? Let's not assume accreditation means accredited by appropriate body.

The Duggars didn't say in the interview, but my understanding is that CPS required counseling once finally notified of the events almost 5 years after they started. Josh was an adult at the time but it may have been required for him to either continue living in the house, or perhaps to return to the house if he had to live elsewhere for a time. I don't think CPS would accept IBLP training as legit counseling.

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The Duggars didn't say in the interview, but my understanding is that CPS required counseling once finally notified of the events almost 5 years after they started. Josh was an adult at the time but it may have been required for him to either continue living in the house, or perhaps to return to the house if he had to live elsewhere for a time. I don't think CPS would accept IBLP training as legit counseling.

That's comforting, but I would still like to know by who and for how long. Also did they say the victims got accredited counseling? That wouldn't have been covered by the Josh DHS ruling.

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That's comforting, but I would still like to know by who and for how long. Also did they say the victims got accredited counseling? That wouldn't have been covered by the Josh DHS ruling.

Doubt you nor I will ever be privy to such info. No should we be.

These are from the state of Arkansas.

http://humanservices.arkansas.gov/dcfs/ ... vices.aspx

http://humanservices.arkansas.gov/Pages ... counselors

I personally, coming from a family of five social workers, would assume that the police report notation: FAMILY IN NEED OF SERVICES would cover *everyone* in that house.

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Doubt you nor I will ever be privy to such info. No should we be.

These are from the state of Arkansas.

http://humanservices.arkansas.gov/dcfs/ ... vices.aspx

http://humanservices.arkansas.gov/Pages ... counselors

I personally, coming from a family of five social workers, would assume that the police report notation: FAMILY IN NEED OF SERVICES would cover *everyone* in that house.

Sorry, didn't mean to sound like I wanted THAT much specifics. Here is where I am confused and needing clarification. I don't care who was on the couch and what color it was.

Was their additional therapy besides the one at IBLP?

Josh sued DHS, but I haven't read anywhere that it stipulates that he go into counseling. And so that is where there would be accredited counseling. My confusion is further bolster by all the threads saying that Josh was never properly assess and/or treated.

Eh. At this point I guess I shouldn't care because no matter what the treatment any of them got, the end result is that they appear to have a very warped view on what happened.

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I couldn't tell by watching the child and her mother if there were any financial issues. They seemed fairly middle class, nice average home, and they weren't wasting mountains of money on pageants. The kid was so popular on the show that she received lots of freebies, trips, costumes and TLC kept bringing her back for their fake pageants (TLC gave up following the circuit after a while and set up pageants on their own and auditioned children, that's the revelation on TWOP years ago.)

On her last show, the mother did something very impressive. The girl lost a contest. She started crying, really sobbing, she was miserable being mobbed by fans, too. The mother pulled her away from the cameras, took her into another room to console her, but TLC kept their mikes on so they could hear everything. After that, the girl disappeared from the show. I'd like to believe the mother simply "had it up to here" with TLC.

I can tell you that TLC would have moved mountains to give this kid her own show. She was that charismatic and kind of freaky as well.

Hmm.... I watched and followed Toddlers and Tiaras pretty closely; I was also on the TWOP boards and TVgasm. Who, pray tell, is this child who was mobbed by fans? Maxine is the only person who has apparently stated she faked a couple pageants in some tabloid. Tonya and a couple other of the pageant organizers use to post on TVgasm regularly and there was nary a whiff of a super star child or a big pile of "fake" pageants. I also don't recall anyone knowing anything about a superstar child or a child that appeared constantly. Most kids were only on a few episodes.

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I would like to say something here that we as a society usually turn our backs on. I had a friend that was a nurse and worked at a very private mental hospital for rich kids. This person told me so many stories that I could write a book about it. One was about a 9 yr old girl who had a vagina of a 30 yr old because her father, a well know rich surgeon in the area had sexually abused her since she was 5 yrs. old. Was he prosecuted? NO! Another was a 12 yr old boy who liked to try and set himself on fire because his father was sexually abusing him, his dad was a well known attorney in the area. Was he prosecuted? NO! Money talks just like so many of the rich and famous. For instance Bill Cosby, Harvey Milk and Hugh Hefner, just to name a few. It is a very deep sickness in our society that we have turned our backs on the most innocent victims. What Josh Duggar did was wrong, but I think we have hung him out to dry. He made a mistake when he was a young teenager. I believe it was done out of curiosity. No I am not defending him. Sexual abuse happens in all walks of life!

Does your friend realize that she could be FIRED for gossiping about her patients? It's a violation of HIPPA.

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I'm sure the person in question knows they could be fired... and I understand why HIPAA is in place, but I also feel like human nature makes it very hard for people to keep secrets, especially when they are personally disturbed by what they're witnessing. It's not legal for that information to be divulged (and for good reason) but tbh I don't think it's at all surprising that some of these things do end up getting shared. I would think that it'd be especially hard to ensure confidentiality in a facility, particularly for kids... what about the other patients? What keeps them from sharing that information when they leave the facility, aside from possible friendships with the other patients? I'm glad I'm not in that position, I think it'd be really hard to deal with. (Also, how would HIPAA be applied if the nurse was discussing those patients with her own therapist? Would it be double-HIPAA'd or would it still be illegal for her to discuss it even with a private therapist?)

Back to Josh, though... for those of you who want Josh to speak out, what would you expect him to say? Or, what would you ideally WANT him to say, and to what end? Do you think you would be satisfied with anything he might have to add to the statement he already made? I just can't imagine it would do anything but make the situation worse so I'm genuinely curious about what thoughts you guys have. I can't imagine any sort of public statement being less than offensive. I suppose he could say he does not expect forgiveness but wants to express genuine regret and shame for what he did... it would be really hard to frame any public statement in a way that didn't make it seem at least partially self-serving, though.

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Eh, I'm editing this again to remove all the words, because I'm not sure what I was trying to express in the first place. I had a horrible long shift at work and didn't get home until almost midnight, so my thoughts are disorganized.

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Hmm.... I watched and followed Toddlers and Tiaras pretty closely; I was also on the TWOP boards and TVgasm. Who, pray tell, is this child who was mobbed by fans? Maxine is the only person who has apparently stated she faked a couple pageants in some tabloid. Tonya and a couple other of the pageant organizers use to post on TVgasm regularly and there was nary a whiff of a super star child or a big pile of "fake" pageants. I also don't recall anyone knowing anything about a superstar child or a child that appeared constantly. Most kids were only on a few episodes.

The only child I can think of who fits the description is Makenzie, shown here:

I didn't follow the show that closely, but I did catch the Makenzie arc. I remember that the girl was pretty stressed when she had fans and some of the other children at a pageant hounding her, and there was a talent agent that appeared on the show to coach her. Based on what was shown, it appeared that more doors were opening for her, such as a possible spinoff, but then she disappeared after a few episodes.

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The only kid from that show that I remember is Eden. That show was a good example of how they showcase freaks. People living in a one story bungalow that spend 100k on pageants. Where they got the money I have no idea.

Eden was cast as the title stealing villain of the show, but if anyone was going to get their own show out of it it would have been her. Yet they gave it to Honey BooBoo for.....freak reasons?

Mama June was peddled quite a bit on the reality shows before they got their own show. She was an extreme couponer and a pageant mom. Both those activities ceased when they got a show.

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TLC probably has some magic algorithm for determining which factor in a particular show gets the ratings, and then they re-purpose that person in order to make money. Honey Boo Boo might not have been the most likeable kid/family involved but it had the perfect arrangement of people watching to support and people watching to mock. I feel like all their most popular shows have that same situation.

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Also, I wonder if Josh is still silent on the topic because he's actually ashamed of what he did. Maybe he's ashamed and can't bring himself to address it. I don't want to assume he's incapable of feeling guilt over what he did or recognizing its magnitude, especially since so many of the victims were his sisters and he probably witnessed their trauma to some extent. And if he didn't get sufficient counseling... the Duggars say the kids all got counseling (though evidence makes it seem like it was court mandated), and that Josh paid for his own. Knowing his meager financial situation at the time and apparent lack of parental encouragement for the counseling, he might not have been able to get the kind of therapy he needed

And he's in a unique position when it comes to scenarios a person can get useful advice for. A person who molested his sisters and other young girls as a young teen who is then catapulted into the spotlight and as an adult forced to acknowledge the crimes he committed in the past on a moral/legal/psychological level is not something anybody can really be prepped for, particularly someone from a culture that segregates them so significantly from mainstream culture. He probably doesn't have the first idea of what to say.

I would be surprised if he even really knew how to address his own victims in an appropriate, non-defensive way. I can't imagine that he could have been prepared for how to address the world as a public figure. Other actors/directors/public figures from a normal background with a real understanding of mainstream ideals have been incapable of addressing this kind of past sex crime - especially when the behavior was repetitive. How could Josh Oblivious Duggar know what to say? :shrug:

(ETA: JimBob isn't the only Duggar who went to great lengths to get a public platform to preach on. It's Josh's own fault that his hypocrisy has been brought to such horrible contrast - he not only enjoyed the spotlight, but sought to influence politics and government using his name. While he was offered a job that probably paid much better, and would have been tempting, that same kind of position has never been offered to someone like John David. Because he doesn't seek the spotlight. Josh does. So he's under the microscope in a way that is nobody else's fault, and he should have considered the possibility that this information would come out and the public would not necessarily forgive the Duggar sin, but would expect him to be held accountable. So he's a smug, opportunistic dude who went after a position that increased the risk to his reputation, his parents' family, and his own family's livelihood a great deal. But I think the attitude is largely influenced by his father's attitude about things, and the enforced ignorance of the family can only have made him more idiotic about his life choices. God will provide, etc. But I was always taught, 'everyone is the best person they know how to be', so maybe my impulse is to give him too much credit.)

I keep thinking about why Josh is silent as well. I definitely think that the facts we know are only the tiny tip of the iceberg. There's a LOT about the molestations, dysfunction, lying, & family dynamics that we don't know about. And M & JB sure aren't telling.

Also if josh was interviewed , he might give himself away. A whole closet of secret skeletons might come tumbling out. And did he truly confess every time he touched someone ? I doubt it. Does anyone in his circle know the full extent of his problem? Probably not. Was he truly ever appropriately treated by a licensed therapist? Again, probably not.

Finally, we know he has a bad temper. It is actually best that he stays quiet rather than explode right now. I, for one don't want to hear the smuggar's bullshit & pathetic excuses. There's not much he can say without being even more offensive, arrogant & self centered. He'd only dig himself into a deeper hole at this point.

I get that everyone sins & no one is perfect. But obviously just being honest, admitting the pain & misery he caused & showing true empathy & compassion for his victims is what's appropriate. But it seems like too much to hope for at this point.... Maybe someday.

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DHS reports are different than DHS cases. Anyone can make a claim, and DHS is supposed to follow through. That would result in a report. I mean an actual case. If there was real, substantiated evidence of her beating the kids, DHS would have removed the kids following the investigations.

That's not how it's generally supposed to work.

First, a minor vocabulary thing that seems to be tripping people up: the word " report" could refer to a person calling DHS or CFS or CPS ( whatever the local acronym is ) and giving a description of some sort of suspected abuse , neglect or endangerment that they witnessed. That call is a " report". The worker who receives the report will follow whatever the agency protocol is for investigation ( the process varies tremendously, as do local guidelines for what constitutes abuse and neglect) . If they feel it needs to be moved on to the next level they may open a case. There may be several " reports" - used in a different context- that the worker writes regarding the case. These are reports on need for services, progress, family plans, referrals to service providers, etc.

Those are not the same thing as the report(s) of possible maltreatment received.

Virtually all of the time, if the primary complaint of abuse is physical punishment that goes beyond the local guidelines, the children will NOT be removed from the home. The case plan in that situation would likely range from a fairly informal " voluntary" plan where the parent agrees to receive services - likely a parenting course. Or, if there were some other borderline issues, or the social worker felt the parent was likely to become more abusive over time , then the services would be mandatory and likely consist of parenting courses, a contract that states no ( or extremely limited) corporeal punishment, regular social worker meetings and possibly counseling or other services. The case might be open for 6 months or so. If everything goes well the case closes.

It would be extremely unusual for the children to be removed from the home in that circumstance. And would likely be due to other factors that the workers found on investigation. Unless it was just a really, really crappy worker.

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And I'm pretty sure the "accredited counseling" they got was years later and mandated by the system once the story finally came to light.

Am seconding what was written above regarding the procedures for follow up on reported/suspected abuse; was a CPS caseworker in another lifetime (a long time ago, in a land far away :) ) & our State would hold meetings each morning with a group of workers to "screen" cases as they were reported. Some were acted upon immediately, others closed after screening.

It dawned on me though, that JB was referring to their involvement with the State CPS/DHS when he said they received a "clean bill of health with the State". During the interview I thought it was an odd thing to say, but now it makes sense.

Like I said, my employment with them was many moons passed & I didn't relate his statement with CPS involvement.

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I keep thinking about why Josh is silent as well. I definitely think that the facts we know are only the tiny tip of the iceberg. There's a LOT about the molestations, dysfunction, lying, & family dynamics that we don't know about. And M & JB sure aren't telling.

Also if josh was interviewed , he might give himself away. A whole closet of secret skeletons might come tumbling out. And did he truly confess every time he touched someone ? I doubt it. Does anyone in his circle know the full extent of his problem? Probably not. Was he truly ever appropriately treated by a licensed therapist? Again, probably not.

Finally, we know he has a bad temper. It is actually best that he stays quiet rather than explode right now. I, for one don't want to hear the smuggar's bullshit & pathetic excuses. There's not much he can say without being even more offensive, arrogant & self centered. He'd only dig himself into a deeper hole at this point.

I get that everyone sins & no one is perfect. But obviously just being honest, admitting the pain & misery he caused & showing true empathy & compassion for his victims is what's appropriate. But it seems like too much to hope for at this point.... Maybe someday.

This! If Josh opens his mouth, he will fall in a hole he can't get out of. The fact that he is being silent tells me this is just the tip of the iceberg.

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The only child I can think of who fits the description is Makenzie, shown here:

I didn't follow the show that closely, but I did catch the Makenzie arc. I remember that the girl was pretty stressed when she had fans and some of the other children at a pageant hounding her, and there was a talent agent that appeared on the show to coach her. Based on what was shown, it appeared that more doors were opening for her, such as a possible spinoff, but then she disappeared after a few episodes.

Makenzie's mom pulled her from the TLC pageants after the first show because Makenzie was upset at the reactions and then Juana brought her back into them later. Makenzie wasn't really winning, either. Eden got a god-awful spinoff on Logo of all places and her crazy trashy mom tried to push her really hard into the limelight without much success since the kid didn't seem to have much actual theatrical talent. Makenzie went on a couple talk shows and did a few things but if I recall the only family approached for the spinoff was the BooBoos, mostly for the freak factor. Even the precious Eden didn't manage to make onto TLC. I think the BooBoos, in reality, were only ones with enough redneck weirdness to make it

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I watched T&T for a bit and followed Eden for a time just out of curiosity. Mickey, the mom is batsh$t crazy about making her daughter a star when the kid really has mediocre talent at best. Eden has pretty much lost the cute baby-face looks.

There were several toddlers and their moms who would have been much better for a series instead of Boo Boo or Eden.

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I keep thinking about why Josh is silent as well. I definitely think that the facts we know are only the tiny tip of the iceberg. There's a LOT about the molestations, dysfunction, lying, & family dynamics that we don't know about. And M & JB sure aren't telling.

Also if josh was interviewed , he might give himself away. A whole closet of secret skeletons might come tumbling out. And did he truly confess every time he touched someone ? I doubt it. Does anyone in his circle know the full extent of his problem? Probably not. Was he truly ever appropriately treated by a licensed therapist? Again, probably not.

Finally, we know he has a bad temper. It is actually best that he stays quiet rather than explode right now. I, for one don't want to hear the smuggar's bullshit & pathetic excuses. There's not much he can say without being even more offensive, arrogant & self centered. He'd only dig himself into a deeper hole at this point.

I get that everyone sins & no one is perfect. But obviously just being honest, admitting the pain & misery he caused & showing true empathy & compassion for his victims is what's appropriate. But it seems like too much to hope for at this point.... Maybe someday.

When have we seen Josh have a bad temper? I can't remember anything like that.

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The smartest thing Josh ever did in his life was keep his mouth shut at this time (likely told to keep quiet by an attorney). There is no upside for him giving an interview. We don't know if there are other victims where the statute of limitations has not run in either the criminal court or civil court. We don't know if an interview may open or widen an already open child protective services investigation involving his own children. What can be gained from this other than satisfying our own curiosity? He can never sufficiently explain away child molestation to get him back to the life and status he had prior to the news getting out. The general public will not accept child molestation so readily as the fundy world seems to do. Further, Josh does not have the tools to withstand any type of hard hitting interview. He hasn't been taught to analyze a question from all sides before answering it. It is unlikely Megyn Kelly will throw soft ball questions to a child molester as she did the Jill and Jessa. Jim Bob and Michelle, who actually had a real high school education came off as fools in their interview. How could Josh, who was educated by those same fools, do any better in an interview where he has to explain away molesting at least 5 girls?

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