Josh Duggar is fighting back against the lawsuit filed against him by Danica Dillon alleging that he treated her roughly during their sexual encounter. Josh had his lawyers file a motion to dismiss the case against him. The reason, according to Radar Online, Jan. 4, 2016, is because she does not have enough proof that he was rough with her during that time.
Josh Duggar left Reformers Unanimous rehab two months earlier that he was supposed to so he could have his lawyers draw up and file court papers. The documents state that the complaint filed by Danica’s lawyers “does not sufficiently allege facts supporting such conduct.”
Neither Josh Duggar nor Danica Dillon lives in Pennsylvania, but the papers were filed in the Pennsylvania courts and this may be because the alleged incident happened in that state. Josh’s lawyers requested the case be tried in federal court and the Pennsylvania judge scheduled their pretrial date for January 21.
Danica claims that Josh’s treatment of her was too rough and that he caused her “physical and emotional injuries” from his physical assault. She claimed that his treatment left her feeling as though he had raped her. However, there was more and according to Danica, Josh neglected to pay her for the experience, which Josh agreed to do. Josh failed to use protection, so the stakes could be much higher if Danica became pregnant with Josh’s baby.
The documents filed by Josh’s attorneys state, “Assault requires both intent to place the Plaintiff in imminent apprehension of harmful or offensive contract and the Plaintiff’s actual imminent apprehension,” he wrote in the December 30 filing. “Plaintiff did not provide anything more than a formulaic recitation of the elements of assault and/or battery.”
The lawyers also picked up on her indirect admission of being a prostitute. “Her labels and conclusions are not adequate, particularly because she states that she consented to physical and sexual contact in exchange for payment.”
If Josh’s lawyers can’t get her testimony to go the way they want it to sound, Josh could have some jail time. In Touch, reported that according to criminal defense attorney Lloyd Long III, that the “most likely crimes Josh could be charged with range from misdemeanor simple assault, which carries a maximum sentence of one to two years, or felony aggravated assault, which carries a 10-year to 20-year maximum sentence.” It all depends on Danica’s testimony, how credible she is and if she has enough proof that Josh indeed “manhandled” her and caused her emotional and physical injury.
Jim Bob is doing everything possible to keep his son out of jail A source told In Touch, “[Jim Bob] doesn’t want this case becoming a criminal matter. He knows Josh would never be the same if he went inside.”
Since the news of Josh Duggar’s past became public, the family has lost thousands, if not millions of dollars. Jim Bob is worried because their family may be ruined and their easy way of life could end. “They’re afraid Josh going to jail would leave an indelible stain on the family name, and that they, too, would be punished for years because of what he did.”
Josh’s wife, Anna Duggar, continues to stand beside her husband, forgiving and ignoring his sexual problems. Last year, the news became public knowledge that Josh molested four of his sisters and a babysitter when he was a teenager. A cousin bought his old computer and found pictures of porn on the hard drive and his name was released when the Ashley Morgan website, which encourages married husbands to cheat, was hacked, and then he cheated on Anna with Danica.
How do you think this hearing with Danica Dillon and Josh Duggar will turn out and do you think Danica or Josh will win the case?