JOSH Duggar’s lawyers claimed he may not have molested five young girls as a teenager, as he is begging a judge to exclude the scandal from his child pornography trial.
Josh, 33, is just weeks away from his November 30 trial for child pornography charges from his April 2021 arrest.
The state planned to use his past molestation scandal, which he was never charged for, at the trial and asked the court for permission, as it shows his alleged “sexual interest in young girls.”
In 2015, a police report was published that revealed his father, Jim Bob Duggar, confessed to local authorities that Josh fondled the breasts and genitals of five young girls while they were asleep in the family home back in 2006.
The Sun can exclusively reveal Josh’s response to the request, as his legal team claimed he may have not committed the molestation.
The court papers obtained by The Sun claim: “There is no question the allegations at issue arise at a time when Duggar was a child and the allegations at issue in this case arise at a time when Duggar was in his 30’s.
“Furthermore, there is no question Duggar was never charged with a crime related to those allegations.”
The defense then claimed that it is “unclear” if the “uncharged allegations actually constitute a crime" of sexual assault in the second degree "under Arkansas state law.”
The court papers continued: “The Report is heavily redacted and, importantly, includes no names or dates of birth of anyone involved making it exceedingly difficult for anyone, much less this Court in ruling on the application of Rule 414, to determine whether Duggar actually committed the acts alleged in the Report and whether the conduct, if committed, constituted a crime, particularly in light of the affirmative defenses clearly set out in the statute.”
The documents claim the “ancient allegations” are “completely irrelevant” to the child pornography case and will “mislead” the jury.
PERMISSION TO USE MOLESTATION REPORT
As The Sun previously reported, the state requested the court allow the molestation report to be used at trial earlier this month.
The request read: “Specifically, the government notices its intent to introduce evidence that in approximately 2002 and 2003… the defendant attempted to and did commit a crime as defined by Arkansas state law involving contact between any part of the defendant’s body and a child’s genitals or anus—namely, sexual assault in the second degree.”
If introduced at trial, the evidence will include “testimony that the defendant was investigated for, admitted to, and received counseling for touching and sexually molesting multiple minor females, including at least one instance involving the digital penetration of a prepubescent minor.”
The court papers filed on November 3 continue to explain that the evidence can establish Josh’s “propensity to commit the charged child sex offense.”
The documents claimed: “Evidence of the defendant’s molestation of and sexual interest in minor girls—including, in this case, girls in the approximate age range of the victims depicted in the child sexual abuse material the defendant downloaded or attempted to download from the internet—is highly probative of the defendant’s knowing receipt and possession of child pornography on his computer.
"Evidence of the defendant’s sexual interest in minor girls, as shown through his prior molestation conduct, is especially probative in that it strongly demonstrates that it was the defendant who sought out and possessed the child pornography material at issue in this case and that he did so intentionally.”
JOSH FIGHTS BACK
Josh fought back, as he demanded the judge not allow the government and witnesses from discussing the molestation that took place when he was a minor.
He claimed in his court filing that the only reason the government has possession of the police report is because it was “unlawfully leaked.”
The documents continue that Josh was a minor at the time of the molestation and that it has “nothing to do with computer-based conduct.”
The filing claims the conduct “sheds no light on whether Duggar knowingly received or possessed alleged child pornography on three days in 2019 as the indictment alleges.”
The court documents continued: “If the jury were to hear about the allegations lodged against Duggar when he was a minor, an unacceptable risk exists that the jury would convict him in this case, not because the Government has proven him guilty of the crimes charged beyond a reasonable doubt, but because the jury would improperly conclude that the prior allegations against Duggar somehow make it more likely that he committed the charged offenses in this case.”
An Arkansas judge has not ruled on the requests.
In 2015, InTouch Weekly uncovered a 33-page Arkansas police report.
His younger sisters Jill, 29, and Jessa, 28, came forward as two of the victims in an interview with Megyn Kelly, where they insisted they had forgiven Josh, who was never charged, for his sins.
Josh admitted the molestation in a statement at the time on his Facebook page.
He said: “Twelve years ago, as a young teenager I acted inexcusably for which I am extremely sorry and deeply regret. I hurt others, including my family and close friends.
“I confessed this to my parents who took several steps to help me address the situation. We spoke with the authorities where I confessed my wrongdoing and my parents arranged for me and those affected by my actions to receive counseling.”
The former 19 Kids and Counting star is currently on home confinement until his trial and is living with third party custodians LaCount and Maria Reber, who are longtime friends of Jim Bob and Michelle.
The Arkansas judge on the case ordered Josh to wear a GPS ankle monitor.
Josh’s wife Anna, who is pregnant with their seventh child and due any day now, is standing by her husband.
Josh has unlimited access to his children with Anna present.
The family’s reality show Counting On, which Josh has not appeared on, was canceled in light of the scandal.
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