Possible Lawsuit for Josh

[DeFrauder]

I see what you're saying, YoshiCat.

Josh did know what he was doing was wrong-the police report said as much, as did JB & M. I don't think that Josh knew, at the time, that how it was handled was wrong given his extremely limited frame of reference.

Yeah, I agree with this.

He would not have any information about what the approved state protocol is when stuff like this happens.

I even assume that he was terrified while being punished. I suspect that he had the whipping of his life after each time he was caught. That the "stern talking to" by the State police officer/ friend encounter was to put fear into him. And I assume the "construction therapy" was not pleasant. I do not mean that it was just hard work--I mean that whatever happened while he was off doing renos was so terrible that it apparently broke his will to continue offending (or at least to proclaim that he had been cured).

[DeFrauder]

acic.org/Registration/SOAC%20GL%202007.pdf

I found these guidelines for sex offender registration in Arkansas. Its rather interesting.

Technically, it is possible that JB and M could be designated as sex offenders if they were discovered to allow the sexual abuse of a minor.

There is a lot of interesting stuff in the document. The policy is very flexible in allowing for discretion on a case by case basis. Both leniency and severity can be imposed as the committee chooses.

in case anyone is interested...

[DarkAnts]

Have the SOL run out for Joy? I thought that there was a time frame after she turned 18 there the SOL would be in place. I doubt Joy will do anything about it though. It's sad that her parents failed to get Josh the help he needed after the first or second incident. It might have saved Joy and perhaps others from becoming victims.

[JenniferJuniper]

Have the SOL run out for Joy? I thought that there was a time frame after she turned 18 there the SOL would be in place. I doubt Joy will do anything about it though. It's sad that her parents failed to get Josh the help he needed after the first or second incident. It might have saved Joy and perhaps others from becoming victims.

The criminal SOL has run.

The civil SOL will not be up for Joy until she turns 21.

There is some speculation that the fifth victim has or will make a claim, possibly file a lawsuit, for damages claiming repressed memory or that she only recently began to suffer ramifications from the assault.

[Furbabies]

http://www.inquisitr.com/2306378/duggar ... eatment-2/

NOT breaking because public.

[OodOnTheLoo]

http://www.inquisitr.com/2306378/duggar-family-outed-for-child-endangerment-and-maltreatment-2/

NOT breaking because public.

Wha??? Jim Bob had enough money at that time to afford better housing...easily? I get buying used clothes for kids but how about enough food?

Please let this article be the truth about bringing the Duggars to court.

[jqlgoblue]

Wha??? Jim Bob had enough money at that time to afford better housing...easily? I get buying used clothes for kids but how about enough food?

Please let this article be the truth about bringing the Duggars to court.

But you know Jesus told him the money was to be spent becoming a politician. :doh:

I actually bet they thought they had enough space and food/nutrition and the $250k was 'extra'. They are that dim (and good at justifying whatever needs to be justified).

[JenniferJuniper]

Wha??? Jim Bob had enough money at that time to afford better housing...easily? I get buying used clothes for kids but how about enough food?

Please let this article be the truth about bringing the Duggars to court.

This article makes it sound like victim 5 can get Jim Bob and Michelle into criminal trouble if she decides to civilly sue (although nearly 5 weeks after the story broke that she was going to, she still hasn't).

No, this can't happen. Although I can see the cramped conditions supporting a civil case for her against Josh's parents, they are not going to be brought up on child endangerment charges 13 years later.

But the photos are a good reminder of just how cramped the Duggars were and that the girls were sleeping in the same small rooms as boys. In the Fox News interview Jim Bob confirmed the girls were split into two different rooms. So Josh at 14 was almost certainly sleeping in a room with younger sisters and possibly with both Jill and Jessa at the time of the assaults on them.

Even when you buy fish at the pet store the 16 year old clerk reminds you not to overstock the tank because it stresses and endangers the fish. But for TLC's help with finishing the TTH, their home would have been exploding at the seams,with a new little girl being added every year.

[ShepherdontheRock]

But you know Jesus told him the money was to be spent becoming a politician. :doh:

I actually bet they thought they had enough space and food/nutrition and the $250k was 'extra'. They are that dim (and good at justifying whatever needs to be justified).

Isn't it actually really dangerous to force your kids to wear old shoes? and bad for their feet?

JB is selfish selfish selfish.

[HarleyQuinn]

The Inquistr is such trash but that article is actually very good. I love all the Duggar's crap parenting being highlighted like this.

[MarcyMM]

This article makes it sound like victim 5 can get Jim Bob and Michelle into criminal trouble if she decides to civilly sue (although nearly 5 weeks after the story broke that she was going to, she still hasn't).

No, this can't happen. Although I can see the cramped conditions supporting a civil case for her against Josh's parents, they are not going to be brought up on child endangerment charges 13 years later.

But the photos are a good reminder of just how cramped the Duggars were and that the girls were sleeping in the same small rooms as boys. In the Fox News interview Jim Bob confirmed the girls were split into two different rooms. So Josh at 14 was almost certainly sleeping in a room with younger sisters and possibly with both Jill and Jessa at the time of the assaults on them.

Even when you buy fish at the pet store the 16 year old clerk reminds you not to overstock the tank because it stresses and endangers the fish. But for TLC's help with finishing the TTH, their home would have been exploding at the seams,with a new little girl being added every year.

Re the bolded, is it possible they could still be building their case?

[Four is Enough]

Given the Duggar's circle of friends, I can only surmise that the "unnamed 5th victim" is another fundy, and her parents/family, if they are leghumpers, will NOT take her suit lightly. I imagine that they will be using the same line of, "He humbled himself before the Lord; it's not for you to hold him accountable" and trying to get her to stop. As much as I WISH Josh would be dragged through the courts, I really doubt it will happen.

[JenniferJuniper]

Re the bolded, is it possible they could still be building their case?

Yes, but it's not a very complicated factual case and one that really will be built via discovery, so I don't think they are holding off to complete an investigation.

It is more likely the victim has an attorney who is negotiating with the Duggars and their liability insurance carrier(s) right now. This is the time when she has the most leverage, before the Duggars are actually named in any litigation.

[MarcyMM]

Given the Duggar's circle of friends, I can only surmise that the "unnamed 5th victim" is another fundy, and her parents/family, if they are leghumpers, will NOT take her suit lightly. I imagine that they will be using the same line of, "He humbled himself before the Lord; it's not for you to hold him accountable" and trying to get her to stop. As much as I WISH Josh would be dragged through the courts, I really doubt it will happen.

You're probably right. It would have been nice to shine a big ol' spotlight on the inner workings via depositions and sworn testimonies though.

[JenniferJuniper]

You're probably right. It would have been nice to shine a big ol' spotlight on the inner workings via depositions and sworn testimonies though.

We likely wouldn't be privy to this information unless the victim wanted it leaked.

[socalrules]

I have been thinking about this and I doubt that there is going to be a lawsuit by the fifth victim. What is more likely is that there was some type of settlement at the time of the molestation. There would have been a settlement agreement that would have a confidentiality agreement that required the victim and Josh/Jim Bob/Michelle, or whoever was a party to the settlement, to keep quiet about what happened and would have released all rights to any claims relating to the molestation of the fifth victim only. This could have all happened without a lawsuit ever beig filed. I am not sure why anyone thinks that there would be a lawsuit now when this happened 12 or so years ago. It is fresh to us but not to the people involved. The molestation coming to light doesn't suddenly mean that a lawsuit would be filed now.

[ShepherdontheRock]

Re the bolded, is it possible they could still be building their case?

IDK, probably. Very likely legal is getting ducks in a row. Plus trying to protect her anonymity if she so choses.

[Handmaiden of Dog]

I have been thinking about this and I doubt that there is going to be a lawsuit by the fifth victim. What is more likely is that there was some type of settlement at the time of the molestation. There would have been a settlement agreement that would have a confidentiality agreement that required the victim and Josh/Jim Bob/Michelle, or whoever was a party to the settlement, to keep quiet about what happened and would have released all rights to any claims relating to the molestation of the fifth victim only. This could have all happened without a lawsuit ever beig filed. I am not sure why anyone thinks that there would be a lawsuit now when this happened 12 or so years ago. It is fresh to us but not to the people involved. The molestation coming to light doesn't suddenly mean that a lawsuit would be filed now.

The Duggars always acted as if it was no big deal-- lots of families have this happen! So I doubt any money changed hands at the time. However if it did, the money would have been given to her parents and there is a case to be made that no one settled with the actual victim. She could say that she never saw any money.

I agree with the other posters that this will all be handled out of court and a non-disclosure agreement signed so that we will never learn the details.

[DeFrauder]

That article states that 22% of abuse cases are in overcrowding situations. That may be true, but be wary of believing that overcrowding is a cause of sexual abuse.

Instead, overcrowding allows a predator to gain the opportunity to abuse that s/he might never have otherwise.

Its not really abuse to have children sleeping in the same beds. It happens all the time especially in poor families. Sleeping alone in separate beds is a luxury.

Josh didn't do what he did because he shared a room with some little sisters.

[JenniferJuniper]

That article states that 22% of abuse cases are in overcrowding situations. That may be true, but be wary of believing that overcrowding is a cause of sexual abuse.

Instead, overcrowding allows a predator to gain the opportunity to abuse that s/he might never have otherwise.

Its not really abuse to have children sleeping in the same beds. It happens all the time especially in poor families. Sleeping alone in separate beds is a luxury.

Josh didn't do what he did because he shared a room with some little sisters.

Agree. Maybe if he'd only "mildly inappropriately touched over their clothes so lightly they didn't feel a thing" he could argue he was just stretching in bed! But what he did to the little girls is proof something much more insidious was going on.

[ILoveJellybeans]

There was no room in the house for all of their beds to fit into the bedrooms, and some of them had to share beds. How is cramming 16 people into a 3 bedroom house even legal? Arent there rules about this kind of thing? In fact, I am surprised that CPS didn't have a problem with the bed situation when the whole Josh molestation thing came to light...especially as it is not safe for a child who molests his siblings to be crammed into a bedroom with about 7 other kids in such close quarters.

Seeing pictures of the Duggar family from back then when all this was going on makes me kinda sad because the girls looked so tiny :(

[JenniferJuniper]

There was no room in the house for all of their beds to fit into the bedrooms, and some of them had to share beds. How is cramming 16 people into a 3 bedroom house even legal? Arent there rules about this kind of thing? In fact, I am surprised that CPS didn't have a problem with the bed situation when the whole Josh molestation thing came to light...especially as it is not safe for a child who molests his siblings to be crammed into a bedroom with about 7 other kids in such close quarters.

By the time it came to light they were living in the TTH; girls locked down at night in one wing, boys in another.

[DeFrauder]

There was no room in the house for all of their beds to fit into the bedrooms, and some of them had to share beds. How is cramming 16 people into a 3 bedroom house even legal? Arent there rules about this kind of thing? In fact, I am surprised that CPS didn't have a problem with the bed situation when the whole Josh molestation thing came to light...especially as it is not safe for a child who molests his siblings to be crammed into a bedroom with about 7 other kids in such close quarters.

Seeing pictures of the Duggar family from back then when all this was going on makes me kinda sad because the girls looked so tiny :(

It is not legal depending if local bylaws address it.

I would assume that CPS was told they had already or were about to move into the TTH and that was solving the space problem.

There is also talk of the "own bedroom" that Josh maybe possibly had when they first moved into the new house. That might have satisfied CPS as well.

[GunnBroker]

In the US, the Federal Fair Housing Act prohibits discrimination against (among other things) "familial status" which means families with children. It doesn't specify how many. The federal law just says you can't "not" rent or sell to people with children (unless it's an official "over 55" adult community). www.civilrights.org/fairhousing/laws/faq.html or portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws

Some municipalities have occupancy laws that limit the number of persons per square foot, typically for rentals, so it might depend on local laws when it comes to rentals. I'm not sure if it would apply to home ownership as local laws can't trump federal ones, typically.

Edited for messing up the breaking of the links.

[HerNameIsBuffy]

In the US, the Federal Fair Housing Act prohibits discrimination against (among other things) "familial status" which means families with children. It doesn't specify how many. The federal law just says you can't "not" rent or sell to people with children (unless it's an official "over 55" adult community). http://www.civilrights.org/fairhousing/laws/faq.html or portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws

Some municipalities have occupancy laws that limit the number of persons per square foot, typically for rentals, so it might depend on local laws when it comes to rentals. I'm not sure if it would apply to home ownership as local laws can't trump federal ones, typically.

Edited for messing up the breaking of the links.

It's also legal to limit occupancy per bedroom. Common IME is 2 people per bedroom (over 2 yrs) +1. So a 3 BR house could only legally be rented with a total of 7 occupants over 2 yrs old.