Josh Duggar’s past molestation scandal may be used in child pornography trial to prove his ‘sexual interest in minors’

JOSH Duggar has been warned that the state may use his past molestation scandal at his upcoming child pornography trial to prove his alleged “sexual interest in young girls.”

Josh, 33, has his trial on November 30 for his April 2021 arrest for receiving and possessing child pornography. 

The Sun can exclusively reveal from court papers that the state plans to use his past molestation scandal, which he was never charged for, at the trial and is asking the court for permission.

WARNING: GRAPHIC CONTENT BELOW

In 2015, a police report was published that revealed his dad 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 state plans to use the police report at trial, as it shows his alleged “sexual interest in young girls.”

Court papers obtained by The Sun claim: “The government now provides the defendant with notice that it may seek to introduce evidence at trial that the defendant committed other acts of child molestation.

"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.”

The state is requesting the court allow the molestation report to be used at trial. 

'UNFAIR'

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 filing read: “There is no question the allegations at issue arise at a time when Duggar was a minor 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 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.”

Using the report at trial would be “extremely and unfairly prejudicial.”

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. 

MOLESTATION SCANDAL

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 released in a statement at the time on his Facebook page: “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.”

NO PLEA DEAL

Josh has pleaded not guilty to the two child pornography charges against him. 

The Sun previously reported Josh had until October 18 to accept a plea agreement and change his non-guilty plea. 

No change of plea was filed. 

If Josh files a change of plea after October 18, it will be considered an “open plea,” meaning he will plead guilty without the benefit of a plea agreement.