Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 #1

[tayaway]

At the age of 14, he was a minor, and would have been classified as a juvenile sex offender under Arkansas law. It really raises my blood pressure that Josh's parents, the church, and Jim Bob's cop buddy handled (via Hamilton Spectator) Josh's repeated sexual assaults on his sisters and the babysitter privately instead of through the proper LE channels. Here's the state code as far as juvenile sexual assault offenders. He needed to be registered as a juvenile sex offender. Have I said 'juvenile sex offender' enough times yet?

2010 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 27 - Juvenile Courts And Proceedings
Subchapter 3 - Arkansas Juvenile Code
§ 9-27-356 - Juvenile sex offender assessment and registration.

Considering my question, "Is someone considered a pedophile if they are child at the time of the offense?," that's a no from a psychiatric standpoint, as he was 14. Does the law/registry recognize the DSM's definition? TIA

Jim Bob Duggar answered this question back in 2015 (Hamilton Spectator linked above):

"...At that point, Jim Bob Duggar told Kelly ..."And actually a pedophile is an adult that preys on children. Joshua was actually 14 and just turned 15 when he did what he did.

I think the legal definition is 16 and up for an adult preying on a child. He was a child preying on a child.""

 

[Cool Cats]

Is an offender still labeled a pedophile if he is a child himself at the time of abuse?

Well if a 14/15 year old is doing this @#$%& to his 5 year old sister on his lap I say he is a pedophile, I don't care what the politically correct term is. I would treat him as such.

 

[kai]

According to the definition up thread, they must be at least 16 years of age. Since he was 14, I don't think in his case the term applied when he molested his sisters and the babysitter. MOO

Maybe a technical label or definition doesn't apply, but if you sexually assault a child, you are dangerous. Period. I don't give a hoot about some "scientific" terms or not. I have seen the damage and aftermath of what sex assault from a minor can do to a child.

 

[GoBuckeyes]

Well if a 14/15 year old is doing this @#$%& to his 5 year old sister on his lap I say he is a pedophile, I don't care what the politically correct term is. I would treat him as such.

I was looking for the legal definition, but I do understand your sentiment.

 

[GoBuckeyes]

Maybe a technical label or definition doesn't apply, but if you sexually assault a child, you are dangerous. Period. I don't give a hoot about some "scientific" terms or not. I have seen the damage and aftermath of what sex assault from a minor can do to a child.

I was specifically inquiring about the legal definition. I see that I should have included that in my initial question. I was seeking clarification from a legal standpoint, and in no way was I trying to minimize his actions or the potential harm to his victims.

 

[tayaway]

Considering my question, "Is someone considered a pedophile if they are child at the time of the offense?," that's a no from a psychiatric standpoint, as he was 14. Does the law/registry recognize the DSM's definition? TIA

Maybe a technical label or definition doesn't apply, but if you sexually assault a child, you are dangerous. Period. I don't give a hoot about some "scientific" terms or not. I have seen the damage and aftermath of what sex assault from a minor can do to a child.

This is what's so maddening; legally, as a teen who admitted to sexual assault multiple times, he needed to be assessed by professionals and, given their findings, labeled and registered a juvenile sexual offender, but his parents, the church, and Jim Bob's state trooper buddy (who was eventually charged and imprisoned for possessing child sexual abuse media!?) took the law into their own hands.

 

[GoBuckeyes]

This is what's so maddening; legally, as a teen who admitted to sexual assault multiple times, he needed to be assessed by professionals and, given their findings, labeled and registered a juvenile sexual offender, but his parents, the church, and Jim Bob's state trooper buddy (who was eventually charged and imprisoned for possessing child sexual abuse media!?) took the law into their own hands.

I know of a handful of similar situations (w fewer victims though). I know the families well. In about half the cases, the parents did not contact police. In about half the cases they did not hesitate in contacting LE. Everyone involved is an adult now. To my knowledge, no one has re-offended. I would not want to be a parent facing that decision. Neither the juvenile nor the adult systems are well known for their ability to churn out rehabilitated adults. (I know there are hardworking, well meaning COs all over. I'm commenting on the system overall.) I can see why a parent would and why they would not choose to involve police.

 

[Lusitana]

I can’t follow this thread, I keep saying things that obviously go against TOS.

 

[Inthedetails]

This is why they charge kids under 18 who have committed heinous crime as adults, so there’s a record

Why has that never ocurred to me before?! Duh.

jmo

 

[Inthedetails]

I was specifically inquiring about the legal definition. I see that I should have included that in my initial question. I was seeking clarification from a legal standpoint, and in no way was I trying to minimize his actions or the potential harm to his victims.

I totally understand - it's like when people call someone a terrorist when the perp really does not fit the legal definition of terrorist which is quite specific. Conversations can get confused and heated about it....but, still, we all agree the crimes are horrible.

jmo

 

[everybodhi]

Why has that never ocurred to me before?! Duh.

jmo

I’m assuming this is a mixture of sarcasm and humor.

 

[Inthedetails]

I’m assuming this is a mixture of sarcasm and humor.

It's a genuine slap to my own forehead. I never thought of that reason for charging as an adult, but of course it is. As a WSer for so long, I should have figured that out before now, lol.

jmo

 

[GoBuckeyes]

I totally understand - it's like when people call someone a terrorist when the perp really does not fit the legal definition of terrorist which is quite specific. Conversations can get confused and heated about it....but, still, we all agree the crimes are horrible.

jmo

Thank you. That's a great analogy.

 

[everybodhi]

This is what's so maddening; legally, as a teen who admitted to sexual assault multiple times, he needed to be assessed by professionals and, given their findings, labeled and registered a juvenile sexual offender, but his parents, the church, and Jim Bob's state trooper buddy (who was eventually charged and imprisoned for possessing child sexual abuse media!?) took the law into their own hands.

That trooper got 56 years as a habitual offender for 10 counts, he was caught the last time by his probation officer in 2012.
He was working as a Benton County bailiff when he was first arrested in 2005, he was convicted on 8 counts in 2007 and sentenced to prison.
On top of all that, Hutchins, JD’s mentor and counselor, says Jim Bob is a liar, he told him JD only had one incident.

He maintains that Jim Bob and Josh Duggar told him Josh had inappropriately touched one girl through her clothing while she slept. They said "it only happened one time"

Ex-trooper: Duggars hid full extent of abuse

 

[tayaway]

That trooper got 56 years as a habitual offender for 10 counts, he was caught the last time by his probation officer in 2012.
He was working as a Benton County bailiff when he was first arrested in 2005, he was convicted on 8 counts in 2007 and sentenced to prison.
On top of all that, Hutchins, JD’s mentor and counselor, says Jim Bob is a liar, he told him JD only had one incident.

Ex-trooper: Duggars hid full extent of abuse

Thanks for this deeper look at the trooper! Man, I completely forgot that teachers/LE etc... are obligated to report all instances of child abuse! It was nauseating to read of the trooper calling himself a Christian and blah blah blah.

 

[GoBuckeyes]

That trooper got 56 years as a habitual offender for 10 counts, he was caught the last time by his probation officer in 2012.
He was working as a Benton County bailiff when he was first arrested in 2005, he was convicted on 8 counts in 2007 and sentenced to prison.
On top of all that, Hutchins, JD’s mentor and counselor, says Jim Bob is a liar, he told him JD only had one incident.

Ex-trooper: Duggars hid full extent of abuse

Is Hutchins the last name of the former trooper? I was having a hard time following if the counselor and former trooper are one and the same. TIA

 

[everybodhi]

Is Hutchins the last name of the former trooper? I was having a hard time following if the counselor and former trooper are one and the same. TIA

Yes, one and the same.
Edited to add, I misspelled his name.
Joseph Hutchens

 

[everybodhi]

Thanks for this deeper look at the trooper! Man, I completely forgot that teachers/LE etc... are obligated to report all instances of child abuse! It was nauseating to read of the trooper calling himself a Christian and blah blah blah.

From his cell, “The young girl should have been my first priority” is pretty creepy, too.

 

[Shamrock1]

He’s alleged to have downloaded it over a few days in May 2019. Why only those few days? I wonder if he’s going to claim he was just curious and his conscience kicked in and he’s been clean ever since. JMO.

 

[killarney rose]

What are the odds that the feds just happened to be watching his computer on the days he decided to download the images?