Posted on 07/02/2015 11:06:59 AM PDT by Morgana
FULL TITLE: Josh Duggar 'facing civil suit from molestation victim' forcing family to reveal scandal secrets under oath and name who knew what when about offenses
Josh Duggar and his family may be heading to court as a victim of his molestation is reportedly planning to file a civil suit.
InTouch reports that the individual is a non-Duggar victim, and according to a law enforcement insider is not happy with the way the family presented the scandal to the media after it was revealed what Josh had done to minor girls as a teenager.
'I have heard that the [non-family] victim is preparing to sue,' said the insider.
'This whole sordid affair with Josh rattled a lot of people, including the victim, who had to relive this nightmare all over again all while watching Josh's parents go on TV and whitewash what happened.'
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(Excerpt) Read more at dailymail.co.uk ...
I read that in the article and then did a quick research on AR law. There is the grey area of Discovery (ex. a cancer causing agent which is latent for decades). I believe it would center on the victim and when the victim knew, the age of the victim and when she turned 18.
The only one she may be able to sue could be “In Touch”.
I haven’t seen anywhere “who” the 5th victim was (Identifiable), so unfortunately whatever the Duggars may have said to the press (after In Touch) published the molestations, I’m not sure their actions now meet the Civil Standard, or the AWFUL decision they made then meets the time for Civil Suits.
I completely understand her sentiments. A victim has a lifetime of dealing with it. The memories and damage doesn’t just go away.
If it was a pattern of their Church, that might be another avenue. I had a relative involved in a Church molestation. The Church even though it was brought to their attention past Civil Suit timeline, to avoid publicity they paid the victim(s).
That’s just my take.
I think the threat may be enough for a “settlement”, and hopefully the victim has been able to have therapy. The media/Duggar circus has certainly made the pain raw again.
I understand from personal experience.
This is excellent news. And oooo, it hits the Duggars where it really counts. And that isn’t in their Bibles.
The others were family-coerced to cover this sick crime all up, and they would never take their brother to civil court. I’m so glad this babysitter was out of the enabling family.
That “jurisdiction stuff”. I was the oldest and was responsible for most of my siblings frequently.
I imagine that was the only way that Ma/Pa Duggar could have that large a family. No superparent could give that many kids the individual attention kids need or supervision.
There is no expiry on a civil lawsuit. Unless the jury were stacked with Gothardists, this guy will get a fair trial and Duggars will be paying. This is the best thing to happen. Without this non sister victim, nothing would ever happen and he may well be molesting others.
Yeah. I don’t have it right now but another FReeper posted the text where the Gothard rule is to look to the behavior or dress of the females so as not to incite the males. Can’t remember it now. It was pretty horrible.
I seem to remember reading something where the older children were caring for and homeschooling the younger ones. I’m not against children helping out in the house and with chores but if you don’t have time for your kids quit banging out more. Your children are not your built-in babysitters and teachers.
I read several independent AR Law sites and the AR statutes. There are timelines for Personal Injury, Libel, Med Malpractice, Contract Law.
I’ve read that there are advocates pushing for no time limit for sexual assault Civil Suits?
In my State, I know that there is an expiration. I personally know, but anyone can file a lawsuit and the Defense will petition to throw it out (expiration). That filing will be enough for a “settlement” offer.
God Bless the victims. It never goes away.
As for Anna, Josh’s wife, she said she knew before they got married. I would NEVER have married nor had children around a pedophile. That is a tangled mess now that they have three kids of their own plus one due soon.
They older kids had a “buddy” that they were responsible for. That is too much responsibility on a child and unfair. IMHO
I’ve read enough stories about LGBT people to accept them as my brothers and sisters because of their experiences with bullying and or sexual abuse, among other things.
When did FR get so full of ASS HOLES
What happened to common decency when discussing topics?
Justia is usually pretty update. I hope for the victims sake, the filing or talk of filing will work.
2010 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 5 - Civil Procedure Generally
Chapter 56 - Limitation Of Actions
Subchapter 1 - General Provisions
§ 16-56-130 - Civil actions based on sexual abuse.
16-56-130. Civil actions based on sexual abuse.
(a) Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor but is not discovered until after the injured person reaches the age of majority shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party.
(b) (1) A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party’s first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party’s discovery of the effect of the series of acts.
(2) It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit.
(c) For the purposes of this section:
(1) “Childhood sexual abuse” means sexual abuse which occurred when the injured person was a minor;
(2) “Minor” means a person of less than eighteen (18) years of age; and
(3) “Time of discovery” means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse.
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
Agree. Sigh. It is very sad. I don’t think there is a limit in CA for civil. Don’t know about AK.
The damage done to a young child esp. by someone that is an authority figure or a person of “power” is horrible. Victims get flashbacks when a person of power or authority or perceived to be, demands something. Unfortunately there are too many people who want to protect the perpetrator and don’t care about the victim(s). This damage effects decision making, paths in life, relationships... Never ending.
First you compare child molestation to a teenaged heavy petting game. Then you use profanity. And now you want to know what happened to common decency when discussing a topic?!
Connecticut is 30 years after the age of majority. (pretty sure). Differs from State to State on the age of discovery of the abuse, injury from the abuse, from the age of majority, the Guardians can sue.
What a very sad mess. I wish they would remove themselves from TV, get counseling, and take care of the victims.
“I seem to remember reading something where the older children were caring for and homeschooling the younger ones. I’m not against children helping out in the house and with chores but if you don’t have time for your kids quit banging out more. Your children are not your built-in babysitters and teachers.”
I knew of this also. This is why I say those parents, JimBob and Michelle had no control over their children. Children are not parents until the day they grow up and become parents themselves. These so called parents were just having babies for a TV show and getting paid for it. They lost control of their situation, 4 of their girls if not more got hurt, another girl was hurt if not more, now they face a lawsuit if not more.
“What a very sad mess. I wish they would remove themselves from TV, get counseling, and take care of the victims.”
That’s just it they should have done this years ago. It takes a lawsuit to make it happen sorry to say. Those parents only cared about the money TLC was bringing in, in my opinion or else they would have got their girls help and not tried “to protect poor Josh”. Those people do not have their priorities strait.
I really hope CPS takes Josh’s children before Josh rapes them too.
quest for money and fame. they need to do what is right, now. those girls when mothers, will question again what happened, what their own parents did and didn’t do. when they look at their baby and the mama grizzly kicks in, they will realize something awful and have to sort through those feelings.
very sad and something i know all too well about.
there should be NO sleepovers with uncle josh/aunt anna nor grandma and grandpa, unless moms/dads are there. there is no other choice period. i know it. i lived it.
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