Joshley Madison Pt 8: Are We Still Talking About This?

[Nikedagain?]

I really cannot see JB ever allowing this to go to court. Too much of a risk. Will this be enough blow back to cancel the Counting On (such an idiotic name) specials?? ( please....)

 

[Sundaymorning]

In case this woman really wins the lawsuit: will Joshly really be able to claim that he is broke in order to avoid paying? Because as far as I know, they sold the house for like 1$? Is this legal if they can prove that he only sold the house (far below its market price) in order to avoid having to pay money to this woman?

[Season of life...]

I agree with everyone who is feeling badly for Anna and the M kids. She just started getting out and about a bit. Granted, it was for carefully arranged family occasions like Jessa's birthday lunch, but it had to feel good to be able to join in again. Her children have to miss doing things with her, and I hate the thought she may return to seclusion.

Maybe she will be encouraged to be seen more, to show her support for Josh and her marriage. Perhaps new pictures will emerge showing her smiling, as if the lawsuit accusing her husband of battering the woman he paid to have sex with (twice!) is just a blip and barely worth her notice. Anna has a good game face.

[Runningfromreality]

 

maybe she's doing it like a breach or violation of contract type of thing? that's the kind of angle i'd go for if i was here (though i'm not, and obviously don't know what kind of evidence she'll present or anything).

If she was going for breach of contract, the damages would be a much lower number. She's probably just going with assault. The suit doesn't necessarily mean that nothing illegal happened, but just that she would rather have money to rectify the wrong than have Josh put in prison (she could theoretically file criminal charges and a civil suit). Also, the burden of proof is lower in civil cases than in criminal cases. All she has to prove is that it's more likely than not that this happened. That being said, I really think this will get settled out of court and will never see trial. She's not exactly a sympathetic plaintiff to a jury (not saying she deserved anything at all, just that a jury is less likely to be sympathetic to her).

[mausi]

I really cannot see JB ever allowing this to go to court. Too much of a risk. Will this be enough blow back to cancel the Counting On (such an idiotic name) specials?? ( please....)

 

I don't really know much about the legal system, but does JB really have much of a choice about 'ever allowing this to go to court' if DD does want to go to court/not take an out of court settlement? These quotes from her legal team made me think she/they aren't even that concerned with winning, but rather with exposing the Duggars and stopping them from continuing to brush Josh's inexcusable behaviour under the carpet:

“I don’t believe there should be any spin-off shows whatsoever,” says Stephanie Ovadia, who is Danica’s legal consultant. “I think [the family] needs to have some accountability to the public.”

“The defendant has a history of sexual and physical abuse towards women, particularly those he perceives as vulnerable or weak,” Danica’s attorney explains. “He has to be held responsible for his actions.”

If she was going for breach of contract, the damages would be a much lower number. She's probably just going with assault. The suit doesn't necessarily mean that nothing illegal happened, but just that she would rather have money to rectify the wrong than have Josh put in prison (she could theoretically file criminal charges and a civil suit). Also, the burden of proof is lower in civil cases than in criminal cases. All she has to prove is that it's more likely than not that this happened. That being said, I really think this will get settled out of court and will never see trial. She's not exactly a sympathetic plaintiff to a jury (not saying she deserved anything at all, just that a jury is less likely to be sympathetic to her).

I mean, the guy who molested his young sisters isn't a sympathetic figure either... 

[Daisy4]

But if that's the cause, they would have to have him evaluated by a court appointed psychologist - aka, a real psychologist. Remember the dinner theater episode where Josh acted? He was shitty actor; I don't think he could fool a real professional into thinking he's insane and can't participate in any proceedings regarding the case.

This is interesting, if he was evaluated by a real psychologist, I wonder if that professional could find that a childhood of repressing all sexual thoughts, child abuse (of Josh at the hands of his parents) and all the other crazy Duggar stuff could be some sort of defense. Stranger things have happened.

[anaandrade]

According to this article, the encounter took place in a strip club This is going to get interesting

http://www.ew.com/article/2015/11/18/porn-star-sues-josh-duggar-assault-sexual-encounter

[Runningfromreality]

 

I mean, the guy who molested his young sisters isn't a sympathetic figure either... 

That's true, but it's very possible that his attorneys could keep that fact from getting into the trial. And they would try to empanel a jury that had never heard of Josh or his misdeeds (a difficult thing to do, admittedly). 

[EmCatlyn]

As a non-American I don't really understand the context of suing in this type of case, when nothing illegal occured. It may be a cultural difference, but it seems opportunistic to me.

As an American, I can say that it seems opportunistic to me also.  

I don't know if her story is true or not, but it is just a "he said-she said."  She says she didn't consent to the rough sex; he will probably say that she did consent, said she liked it rough, etc. Round and round...

If it is true, the fact that she didn't report/accuse/sue before probably reflects the typically low chances of such an accusation being taken seriously.  She is only suing now because of all the publicity surrounding Josh.

Something illegal did occur. He paid her to have sex with him.  But neither will admit it because both are guilty.  They will both say that he gave her a "gift" and (unrelated to the gift)  she  was willing to have sex with him.

So the real issue for a civil court will be if he abused her by being rougher than she consented.  I have no idea if it is true or not, but the as suit is definitely opportunistic.  

 

[ophelia]

On the one hand I'm kind of glad and gets what he deserves. On the other hand I feel really bad for Anna and the M-Kids. It must be so damn hurtful and embarassing to wash all that dirty laundry in public.

If this goes to court and more and more dirty little secrets come up, do you think that the fundie circles will still expect Anna to stay by his side?

[MoonFace]

Poor Anna.   Poor little kids. 

That being said, who else wants to move wherever the trial will be so that we can volunteer to be on the jury and get all the juicy details from the horse's ass  mouth?

If we can't get on the jury perhaps we can set up the popcorn concession if the Duggar family hasn't already gotten that first? 

[bubblekitty]

I wonder if when the first Danica story came out he denied it and painted it to Anna and his family a bad woman taking advantage of his tearful confessions. I've always wondered if he told Anna everything or if she only has the carefully worded and edited sentences he's put out in public, ie no details.

So if it did go to court he has to either deny he ever had sex with her at all or admit to it and deny the assault part.

I'm assuming it's a shakedown though and they will pay her off.

[EmCatlyn]

It makes them siging the house over right after this info was divulged in August, all the more interesting- They knew this was coming.

Knew or just feared.  If not Danica, there could be other lawsuits.  I am actually thinking that Danica may not have been their worst fear.

[Valerie3kids]

She is suing Josh. If Jim Bob gets involved and gets too pushy or what ever, she may really dig in her heels and not settle. I would want poor little Joshie to deal with the case not his daddy. I wonder if that is what they are pushing for? Let's see if we can make Josh be more accountable for "who" he really is instead of being hidden away and not having to deal with it.

I think there is going to be a lot of "squirming" around it on the Duggars part. They will try anything they can think of to not admit anything. But, this is a bed they helped to develop by having the girls go on TV and act as if Josh had done nothing wrong. They should have fessed up to the crap way back then and not tried to push it back under the rug. Now that rug is disappearing from underneath them.

Any attorney can figure out if they have transferred funds etc trying to get property out of Josh's name. They are far smarter than Jim Bob could ever hope to be. They will be able to follow his yellow brick road right to the money.

[DuggarWatch]

It makes them siging the house over right after this info was divulged in August, all the more interesting- They knew this was coming.

They put the house into the name of a company, but I am sure that Josh and Anna own the company and, therefore, still own the house.  There is no indication that Anna and the kids have moved out.

[EmCatlyn]

In case this woman really wins the lawsuit: will Joshly really be able to claim that he is broke in order to avoid paying? Because as far as I know, they sold the house for like 1$? Is this legal if they can prove that he only sold the house (far below its market price) in order to avoid having to pay money to this woman?

The house may be in some sort of trust, and depending on how it is done it might be legal.  But even if it wasn't, the house wouldn't bring half a million dollars.  I think it was valued at about half that?

[DuggarWatch]

The house may be in some sort of trust, and depending on how it is done it might be legal.  But even if it wasn't, the house wouldn't bring half a million dollars.  I think it was valued at about half that?

It's not in a trust.  The deed is held by a Limited Liability Company.  The house was a bank foreclosure they purchased for $55,000 in February.  They made some improvements, but there is no way that house is worth more than $150,000 and I don't think they put $100,000 in to improvements.  I don't think Josh has any money.  His car lot failed before he took the job in Washington D.C.  He even owned back taxes.  Plus, he's been unemployed for six months with a wife and four kids to support.

[princessmahina]

As a non-American I don't really understand the context of suing in this type of case, when nothing illegal occured. It may be a cultural difference, but it seems opportunistic to me.

It seems opportunistic to this American as well.

[JenniferJuniper]

 

This is interesting, if he was evaluated by a real psychologist, I wonder if that professional could find that a childhood of repressing all sexual thoughts, child abuse (of Josh at the hands of his parents) and all the other crazy Duggar stuff could be some sort of defense. Stranger things have happened.

It's not a criminal case.  He's not likely to be sent to a psychiatrist by his defense attorney.

However, his attorney may tell Danica's counsel that Josh has no assets, isn't working, and isn't likely to work due to depression (or whatever mental health condition they pick) to entice her to take whatever offer is on the table.  If she goes all the way and does get a verdict against Josh, she may collect nothing if he has nothing.

[justoneoftwo]

This explains the emergency flight to take Josh out of rehab and back to Arkansas last week.  The real shame is that Anna's money is at stake, too.  Anything that was acquired/earned during the marriage, except by gift or inheritance, belongs to them jointly.  She could lose everything, including the house, cars, jewelry, etc.  They may have to file for bankruptcy if there is a judgment they cannot pay.  Also, if they lose the suit, they will have to pay the plaintiff's attorney fees (at least $100 per hour).  

He won't have to pay her attorneys fees.  In the US generally you don't pay the winner's fees unless there is a contract or for particular types of cases, assault is not usually one of them.  

[Becket70]

Regardless of the outcome of this lawsuit, there is one important word at play: OPTICS.  I guess the optics can go one of two ways.  First, it can further cement people's view of Josh as a scumbag.  It is also possible, especially with the right attorney, to position Josh as a person being taken advantage of and thus, be considered a sympathetic character. If I am going to be honest about it, I would say that there may be some sympathy for Josh.  Not sympathy from me....but some sympathy from Duggar supporters who feel his "rehabilitation" may have redeemed him in the eyes of God and that is good enough for them. It will be interesting to see how this plays out.

[meganlizzie]

So does this mean Anna needs to divorce him now so that she can still have some money? After he's sued she'll likely have nothing. 

[halcionne]

When I look closely at the blurred out addresses on the complaint (is that the right word?) I'm pretty sure I can make out the cities. Can we take that as confirmation of Josh's recent whereabouts? I mean, would Danica's attorney be privy to Josh's correct address, or could he just be using the address where he believed Josh was at the time? I hope this makes sense. I'm being a bit vague for SEO reasons.

[DuggarWatch]

So does this mean Anna needs to divorce him now so that she can still have some money? After he's sued she'll likely have nothing. 

Getting a divorce now won't help her.  She's married to the jerk and so she is also liable for his debts.

[justsomedame]

Those poor kids and Anna. I really feel for them.

As far as the suing thing I'm a little confused, (maybe because I've been studying all day and maybe because I'm tired) but if she was indeed assaulted shouldn't she be filing a police report and appropriate charges because assault is illegal, and not just suing?