Possible Lawsuit for Josh

[Mitz_]

Hearsay but yes, also in most states if they were there Anna could also testify. I'm also not sure how it works if it was information given before they were married.

I thought that it isn't hearsay if the person who said it is in the courtroom and available for cross examination. And I thought that Anna could be subpoenaed to testify because Josh told her about the molestation in the presence of a third party, in which case marital privilege does not apply.

[FullmoonOverDuggardWaters]

:?

I had expected it to be the Family Research Council, filing suit for negligent misrepresentation.

However, in light of the possible circumstances being such that the Duggars cannot plea the fifth, this potential case on behalf of the fifth victim... has me feeling wretched over the implications for his poor wife, Anna, and their children. At this point, I consider her victim as well.

[apandaaries]

I'm interested to see if this will actually occur. A civil suit could expose a lot of information, and heavens know I'm interested in all the other skeletons they've stored in closets these last few decades.

I'm also curious if there's some crafty lawyer out there trying to figure out how to fleece JB. He and DQ did go on national television to assert that they weren't mandated reporters and did not report for quite some time. Getting parental negligence involved somehow would have a much heftier potential payout. I also think that JB would offer all kinds of money to avoid making public statements with legal repercussions -- perjury is a real crime that can offer real time.

IF there's a lawsuit brewing, I'd bet that JB would pay money out before letting anything go to court. Let's watch and see if any Howlers show up for sale on a rehoming site. /sarcasm

[ILoveJellybeans]

I hope that it is true, the victims deserve justice. I feel bad for Anna and the kids...mostly the kids, as apparently Anna knew about it before they married, although I don't know how much. Im guessing they might have downplayed it, not given ages and said they were all asleep, not that he started off when they were asleep, but then moved to when they were awake and one of the victims was five.

[lostfemme]

Anna cannot be called to testify, anything Josh told her is privileged. She could be called to testify if other people told her things. Even so that would all be hearsay.

Nothing of what Josh confessed to Anna before their marriage is privileged. Anna can hire herself a lawyer to contest that, but she has already stated that Josh confessed the molestation to her two years before they wed.

I support any lawsuit or revelations that promote any Duggar getting a job in the outside world and fending for themselves. This includes Anna, who like all of them, needs a heavy dose of reality.

[PegBundyOfFundies]

:lol: Please don't attack me with your handbag, but here are your own words, from your own post quoted above: "It was originally reported by InTouch, and everything else they've reported has been true"

Thanks for complimenting my e-balls, though. I was worried no one would ever notice.

So you're really going to isolate that one part of an entire statement to suit your obvious need to be correct here? :think: Its that serious? You said "screw reading anything after the comma, and those pesky context clues too. I have a chance to yell from the rafters how right I am and how wrong you are, so i'm going to do it". If it makes you feel that much better and secure in your posts, go with it! "Winning" on the internet is the highest honor one can receive, dontcha know? :cracking-up:

[justoneoftwo]

I thought that it isn't hearsay if the person who said it is in the courtroom and available for cross examination. And I thought that Anna could be subpoenaed to testify because Josh told her about the molestation in the presence of a third party, in which case marital privilege does not apply.

Hearsay is basically anything that is being repeated by someone who was told it by another person that is being presented as proof of whatever was said. So Anna can testify that Josh said x, as evidence that he said x, but not of x. There are exceptions to hearsay which allow you to use hearsay to show x is true. I don't remember all of them but I would be surprised if the fact that Josh could testify about it would be one. A third party being present would probably break marital privilege, but I'm not sure.

[Four is Enough]

A few thoughts:

I am very happy that (hopefully) someone is going to hold Josh responsible under the law for what he did and admitted doing.

These cases can be extremely sensitive. It may trigger a worse response in the girls.

I'm sure an attorney on one side or the other will ask that the courtroom be closed for the hearings. Only subpoena'ed parties, etc.

I pray to God that Jim Bob and Michelle are put through the wringer by the judge. They held themselves above the law. They are NOT.

[singsingsing]

So you're really going to isolate that one part of an entire statement to suit your obvious need to be correct here? :think: Its that serious? You said "screw reading anything after the comma, and those pesky context clues too. I have a chance to yell from the rafters how right I am and how wrong you are, so i'm going to do it". If it makes you feel that much better and secure in your posts, go with it! Being "right" on the internet is the highest honor one can receive, dontcha know? :cracking-up:

Okay. Here is your entire sentence: "It was originally reported by InTouch, and everything else they've reported has been true, if not outright verified by court documents. In the next day or so here, like all of their other "Duggar Scandal" articles, i'd expect proof of the civil case filing." This sentence was preceded by a link to the InTouch article, and followed by, "This is getting just crazier and crazier. I hope justice is finally served in this case."

My comment about InTouch was not meant as a personal insult to you. I have no idea who you are, and I bear you absolutely no ill will, I promise. This is really not that big of a deal. I can guarantee you that other people on this forum will also disagree with you at some point, and some will do so in a much ruder manner than I have. I hope you have a lot of angry gifs ready!

[DGayle]

Josh was a minor (unless his actions continued into adulthood). JB is the one who needs to be sued.

I'm not a Degreed Law Professional, but Josh admitting to molestation might be the way to open the door to suing JB&M. Any testimony they have to give could be evidence against them in a lawsuit against them later.

[DGayle]

I'm not rejoicing over this. Josh, regardless of what I think of him, has an innocent wife and three very dear, young children.

Yes, Anna and the kids are innocent in this, but that doesn't mean he should be able to use them as a shield against legal repercussions. The unnamed victim shouldn't be expected to bottle it in for the sake of others. She's already been hurt deeply, and if what Anna says is true about knowing about Josh molesting his sisters and another girl, them she's not so off the hook. If she's telling the truth, then she went into marriage with him knowing the skeletons, and choosing to accept them and any future consequences.

[snarkopolis]

Anna cannot be called to testify, anything Josh told her is privileged. She could be called to testify if other people told her things. Even so that would all be hearsay.

Bolded is mine. Anna can be called to testify if they discussed anything BEFORE they got married. No spousal privilege before marriage. So that whole "We told the Kellers" conversation from JimBoob kinda screws them all in this . :lol:

[justoneoftwo]

Bolded is mine. Anna can be called to testify if they discussed anything BEFORE they got married. No spousal privilege before marriage. So that whole "We told the Kellers" conversation from JimBoob kinda screws them all in this . :lol:

Thank you, you are quite right. Also, if JimBoob told anyone anything it wouldn't qualify.

[DGayle]

Good point! Now that the original report has been destroyed, can't they tell their version of the truth? No one will even be able to point to the report to say, "But it was two years AFTER the fact that you took your girls to the Springdale Children's Safety Center" and that you did not do so of your own initiative because that proof no longer exists.

I think the interviews they've given since then could be used to help point out inconsistencies.

[usmcmom]

Yes, Anna and the kids are innocent in this, but that doesn't mean he should be able to use them as a shield against legal repercussions. The unnamed victim shouldn't be expected to bottle it in for the sake of others. She's already been hurt deeply, and if what Anna says is true about knowing about Josh molesting his sisters and another girl, them she's not so off the hook. If she's telling the truth, then she went into marriage with him knowing the skeletons, and choosing to accept them and any future consequences.

Count me among those who feel no sympathy for Anna. IF she knew of the molestation before she married Josh, then she's at fault for marrying and having children with a man who molested small children and received no treatment or punishment for his crime. If she knew nothing of it until the news broke, then she is at fault for STAYING WITH that man and putting her own children at risk.

[DGayle]

It doesnt matter if he was a minor, the law says that he can be sued for his actions. And, no, I don't think JB is the one who needs to be sued for Josh's actions. For the reaction to Josh's actions, definitely, but not Josh's actions themselves.

JB shouldn't be on the hook for what Josh did before he found out. But in the over a year between finding out and finally doing something, yes, he should.

[bingbangboom]

I hope Oprah Winfrey gets called as a witness.

[Ahnka]

Well, the story is trending on FB now so it must be true :lol: :dance:

[singsingsing]

I could see the unrelated victim suing if it could be proven that Michelle and Jim Bob knew their son had committed a crime against her, but did nothing about it. I'm not a Degreed Law Professional, either, so I have no idea how viable such a case would be, but it would kind of make sense.

[MisUndrstd]

If the 5th victim is considering filing a civil lawsuit against Josh, it would not surprise me in the least if they are in secretive talks right now with the victim's representatives to settle this out of court. A lot of cases that are high profile like this get an out of court settlement. So this victim may never have to go and testify in court.

[FundieFarmer]

So, let's roll-call quickly who could be called to testify:

JB&M

Joshykins

The kids?

Jim Bob's Elder friends

The man running the "treatment facility"

The police officer now in jail for child porn

The victims?

Anna for anything before marriage

Anna's family all the time

Cousin Amy

Grandma Duggar

Whoever wrote the letter

Whoever found the letter

Oprah

Whoever called Oprah

The police

Whoever the counselor was, if they aren't accredited?

...anybody got anything else? I'm drawing blanks and I'm not a Degreed Law Professional, so I'm not sure.

ETA: ? are for people I'm 100% unsure about :lol:

[justoneoftwo]

So, let's roll-call quickly who could be called to testify:

Jim Bob's Elder friends

The man running the "treatment facility"

The police officer now in jail for child porn

The victims?

Anna for anything before marriage

Anna's family all the time

Cousin Amy

Grandma Duggar

Whoever wrote the letter

Whoever found the letter

Oprah

Whoever called Oprah

The police

Whoever the counselor was, if they aren't accredited

...anybody got anything else? I'm drawing blanks and I'm not a Degreed Law Professional, so I'm not sure.

What would these people testify to? In particular Oprah? She could testify she was told something, but that doesn't make it more likely that the something was true.

In any event, I am willing to be the Duggars are willing to pay a lot to keep this from ever being filed. It will settle before there is any public evidence at all.

[FundieFarmer]

What would these people testify to? In particular Oprah? She could testify she was told something, but that doesn't make it more likely that the something was true.

In any event, I am willing to be the Duggars are willing to pay a lot to keep this from ever being filed. It will settle before there is any public evidence at all.

I have no idea. I'm just brainstorming who all knew about this and who could be asked to speak to it. And there's never a guarantee anyone on the witness stand is telling the truth...though hopefully they would in this case.

I should think they'd do what they can to cover it up, though how successful they'd be is far beyond my pay grade!

[lascuba]

I hope Oprah Winfrey gets called as a witness.

:lol: Can you imagine? I need this to happen so bad! IANAL so I have no idea if that's at all likely...I guess it's an issue if Oprah, herself, received that email or if her people did?

[jersharocks]

What if the non-family victim is no longer a fundie and doesn't want the money but actually wants the Duggars to go down and all the fundie/Gothardites taken down with them? Extremely unlikely but a gal can dream, right? :lol: