What You Need to Know about the Josh Duggar Police Report

Source: Patheos

Author: Libby Anne

Emphasis Mine 

New readers may be interested in my previous writings on the Duggars, including Carefully Scripted Lives: My Concerns about the Duggars, written in February 2012 and An Open Letter to Duggar Defenders, written in August 2014. 

When I first saw rumors circulating yesterday I didn’t pay any attention, because the accusations were vague and felt rehashed. Remember when the tabloids reported that Jessa Duggar had sex at the church immediately after her wedding, based on a word of an obviously satirical blogger who claimed to have been there? Yeah, I remember that too. There have been rumors circulating for years about Jim Bob blaming Josh for the loss of a political campaign, based on “sin in the camp,” so I thought it was probably just those rumors being rehashed in the way tabloids do.

But now there’s a police report. And now People Magazine has posted Josh’s confession. And now Josh has resigned from Family Research Council.

What happened exactly? Answering this question is sensitive because of the need to protect the identity Josh’s victims. According to TMZ, one of Josh’s victims has asked to have the unredacted police documents destroyed to protect her identity—and even the redacted police report gives more than enough information to guess at the victims’ identities. This is a problem.

I’ve gone back and forth about whether I should blog about this. This is not a gossip blog. I blog about weighty issues, and when I do blog about scandals like this I try to do so in a way that makes larger points, rather than just scoring cheap shots. That said, I’ve decided to go ahead and blog about this for several reasons. For one thing, I want you to have a reliable place to get good information (there’s still incorrect information circling out there). For another thing, I do think there are larger points to be made here. I’ll start by summarizing the police report.

In December 2006, someone called a hotline and reported that Josh Duggar had sexually molested several girls three and a half years before. Around the same time, Harpo Studios faxed an email they had received informing them of the allegations (the Duggars had been slated to be on Oprah) to the Department of Human Services. It seems that at the time of the assaults a family friend wrote a letter about what happened and put it in a book, and that book was loaned out years later and the letter discovered, and the person who discovered it wanted to disclose the information.

Jim Bob was called in and interviewed. He stated that Josh had sexually molested several girls over the course of a year. Jim Bob knew of this beginning in March 2002, when Josh was 14. Josh’s victims were children younger than him, and in some cases significantly so. For an entire year Jim Bob knew what was happening, but did not go to the police or seek treatment or outside intervention. In March 2003, with the incidents of molestation still occurring, Jim Bob said he and the elders at his church, to whom he had gone for advice, agreed that Josh should enter a treatment program.

But when one of the elders at Jim Bob’s church suggested sending Josh to a legitimate treatment program, Jim Bob demurred, reasoning that Josh would likely be exposed to more serious offenders and that that was not appropriate for the nature of his offense. So instead of sending Josh to an actual treatment program, Jim Bob sent him to Little Rock for four months to help a family friend with some remodeling.

When Josh returned in July 2003, Jim Bob took Josh to speak with a state trooper he knew personally about what had happened. The trooper gave Josh “a very stern talk” but didn’t file a report, reportedly reasoning that nothing needed to be done because Josh had already gone through a treatment program. Except of course that helping a family friend in Little Rock do some remodeling is not a treatment program. (The trooper who spoke with Josh was later convicted of child pornography.)

After interviewing the victims and other witnesses (all of whom corroborated Jim Bob’s story), police closed the case. Why? Because in Arkansas the statute of limitations for sexual assault is three years, and they were unable to find any evidence of any act of molestation or assault within the last three years. At this time Josh was 18. Police ascertained that Josh had at least five victims from at least two families.

I don’t know whether Josh has molested any children since 2003. I know very little about the science behind sexual molestation that occurs while the perpetrator is still a minor. There are some things I do know, though.

1. Sexual abuse should always always always be reported to the authorities immediately, even when the perpetrator is a minor. Jim Bob did not report what happened for well over a year, and when he finally did, he went to a trooper who was a family friend. This is a serious serious problem. The case of Zion and Glenda Dutro presents an especially hideous example of how badly reporting to cops who are personal acquaintances can go wrong (click through at your own risk). Don’t do this!

2. Professional counselors and treatment programs are a must in cases involving sexual abuse. Talking to your elders or doing manual labor for a couple of months does not constitute counseling or a treatment program. Josh told People that both he and his victims received counseling. But given that his parents stated in 2006 that the only treatment he received was several months of manual labor, I’m highly skeptical that his victims received any actual counseling themselves. I know of a large Christian homeschooling family where incest was discovered between two of the sons, partly as a result of a complete lack of sex education, and both were shamed for what happened, nothing was reported, and no counseling was receivedThis is a problem.

3. It is not okay to conceal a history of child molestation from parents of other children a perpetrator has regular contact with. Don’t get me wrong, I absolutely believe in protecting the identity of victims. But if someone is an offender against children, they have the potential to reoffend. People should not leave children alone with a person with a history of molesting children, and that means they need to know that a person has a history of molesting children. While Jim Bob told the elders at the family’s church about what had happened, neither they nor the elders notified the church members more generally. This is bad, as it put other children at risk.

4. Handling child molestation as “sin” rather than addressing the psychology behind it is a serious problem. In their statements to People, the Duggars spoke of Josh’s past wrongdoing as “past teenage mistakes” and spoke of growing closer to God through it. But it appears that Josh never had legitimate counseling or treatment to work through his problem. Some sexual things are normal for a teen to do—say, masturbating—but other sexual things are not typical behavior—say, molesting children—and those things need to be addressed professionally rather than simply as “sin” issues. Failing to do so places other children at risk.

5. In too many cases, church elders fail to report sexual abuse to the proper authorities. We’ve seen this before, again, and again, and again. It is not clear from the police report whether Jim Bob spoke with his church’s elders about the incidents of molestation first in March 2003 or whether he spoke with them earlier as well. But even if he only spoke with them in March 2003, they still failed to immediately report the incidents to the authorities as they should have. According to Jim Bob, the elders agreed that he should report the situation to the authorities once Josh returned from the remodeling project in Little Rock, and one of the elders went with him when he did so. This was both too late (they should have reported it immediately) and too little (the report was made to a trooper who was a friend).

6. Local police and state troopers need to take sexual molestation seriously and follow the law with regards to reporting it. The trooper Jim Bob and Josh spoke with was a mandatory reporter and should by law have filed a report and launched an investigation. He failed to do so, and as a result the statute of limitations ran out before any action could be taken. This particular trooper was later convicted of child abuse, spent time in prison, then reoffended and is now back in prison. This was a serious, serious law enforcement fail.

7. Good sex education is very important. I don’t know for sure what sort of sex education Josh Duggar received, but I do know that children homeschooled through the Christian program the Duggars used with Josh (ATI) are generally woefully uneducated when it comes to sex. Parents who avoid more comprehensive sex education often see themselves as trying to avoid awakening children’s sexuality too early, but these efforts can end very very badly because leaving children completely ignorant about sex can be a serious problem.

8. The good Christian family aura can hide underlying problems. If I had a dollar for every time someone has praised the Duggars for being a perfect example of a good Christian family, I’d be rich. Sweet smiles and matching clothes can cover up a lot and make people assume that things are more perfect than they are. I know what it’s like to force a smile for family pictures people later ooo and ahh over, even as I’m crying inside. We need to remember that.

9. Sheltering children from the world doesn’t work. For years now, I have seen commenters across the internet praise the Duggars for raising godly children away from the materialism and sexualization of the modern world. Sorry guys, it doesn’t work like that. Please stop promoting the Duggars’ lifestyle by claiming that it has protected these children from the evils of the world! It hasn’t.

10. Homeschooling can limit children’s ability to report abuse. Children who attend school have contact with teachers, counselors, and other adults they can go to for help, or for advice about problems in their home situations. Both Josh and his victims were home schooled, which almost certainly limited the number of trusted adults they could go to for help, especially given that their social activities appear to have revolved around their church and other likeminded families who probably also believed in dealing with such problems in-house. According to the police report, some of the victims did try to get help. It’s just that their avenues for obtaining said help were sadly limited.

I still feel weird about posting this because of the gossipy angle so much of the media is giving it. So, I’d like to make a suggestion. When you see people talking about this story, whether on facebook or in person or in a comment section, steer the conversation toward the more substantive issues. Let’s use the attention the tabloids and other news sources are giving this story to educate the public about the problems with dealing with sexual molestation in house, the importance of sex education, and the dangers of judging the character of a family by outward appearances alone.

And while you’re at it, please remind people to protect the identities of the victims.

*****

For further reading, see:

What Did Josh Duggar’s Counseling Look Like?

 

-See: http://www.patheos.com/blogs/lovejoyfeminism/2015/05/what-you-need-to-know-about-the-josh-duggar-police-report.html

http://valerietarico.com/2015/03/24/children-as-chattel-what-religious-child-abuse-and-the-pro-life-movement-have-in-common/

Source: author Valerie Tarico

Emphasis Mine

On the surface, valuing embryonic life and abusing children are at odds, but with a biblical view of childhood, these positions can go hand in hand.

Why do the same people who fight against abortion argue that parents should have the right to beat their children and deny them medical care or education, as some conservative Republicans have done recently?How can an someone oppose family planning because a pill or IUD might have the rare and unintended consequence of interfering with implantation, and then endorse beating a child, which might have the rare and unintended consequence of battering her to death?

These two positions fit together seamlessly only when we understand the Iron Age view of the child imbedded throughout the Bible, and how that view has shaped the priorities and behavior of biblical literalists.

Extreme Biblical Parenting

In 2014, Pentecostal parents Herbert and Catherine Schaible went to jail after a second of their nine children died from easily treatable bacterial pneumonia. The Schaibles belong to a sect that relies on prayer for physical as well as spiritual healing. In a police statement, Herbert Schiable explained that medicine “is against our religious beliefs.” Sects like their point to the New Testament books of Matthew and Mark, which both say that devout believers can pray for anything in faith and God will grant their request (Mark 11:24 and Matthew 21:22). All that is required, according to the writer of Matthew, is faith the size of a tiny mustard seed. The Schaible’s pastor blamed the deaths of the two children on a “spiritual lack” in the parents.

Most devout Bible believers turn to science when their children can’t breathe, but 38 US states have now passed laws to protect parents who don’t—along with parents who beat their children in accordance with biblical advice, or deny them education on religious grounds.

The Schaible case is a chilling example of how these laws work. In 2009, the Schaible’s two year old son, Kent, died of pneumonia after having his illness treated by prayer alone. Under Pennsylvania’s faith-healing exemption both parents were allowed to plead guilty to lesser charges. The result was a sentence of probation; and after agreeing to seek medical care for their children in future, the Schaibles were allowed to keep custody of their other kids. But In 2014 the Grim Reaper struck again. This time, the couple was jailed after 8 month old Brandon died of another untreated infection. The parents went to prison, not for killing a child, but for violating the terms of their earlier probation.

Republicans Double Down on Parent Rights over Child Wellbeing

In spite of similar tragedies around the country, legislators in multiple states are looking to expand laws that exempt parents like the Schaibles from criminal charges. Georgia recently introduced legislation that appears to offer legal cover to parents who beat their children (and men who beat their wives) for religious reasons. In Idaho, despite more than a dozen child deaths linked to one small sect called the Followers of Christ, Republican state legislators introduced a bill in February granting parents broader leeway to harm children—as long as their motives are religious. The bill secures faith healing exemptions from medical neglect laws; reduces the court’s power to protect abused children; discourages doctors and teachers from reporting suspected abuse; and excuses religious parents from education requirements that otherwise apply to Idaho residents. On March 23, 2015, it passed the Idaho Senate 27-7, along straight party lines.

In 2011, after a series of child deaths from medical neglect, Oregon’s governor took the opposite tack, stripping faith-healing parents of legal protection from criminal charges. Oregon children stopped dying, but some extreme families moved to Idaho. In the words of law professor Marci Hamilton, “Idaho has become a haven for parents who martyr their children for their faith.”

Emboldened by Hobby Lobby 

Since the Supreme Court’s 2014 Hobby Lobby decision, conservative Christians in the U.S. are testing “religious freedom” claims as a means to opt out of a wide array of rules and responsibilities that otherwise apply to all Americans. Much of the focus has been on exemption from reproductive healthcare, queer equality rights, and finances (what churches give and get when it comes to public funds and services.) But exemption from child rights and protections should be thought of as a fourth leg of the “religious freedom” agenda.

Evangelical Christian leaders fought the United Nations Convention on the Rights of the Child, making the U.S. one of two countries (along with Somalia) that failed to endorse it. In some U.S. locales, like the State of Virginia, they have sought and Devout Bible believers regularly oppose child protective services, insisting that the right of religious adults to do as they choose trumps the right of children to be free from harm. won the right to deny children basic education, including the ability to read and write.

The Embryo Anomaly

But while conservative Bible believers look bent on depriving born children of any and all human rights, they simultaneously claim that every fertilized egg merits protection. Ignoring the fact that most fertilized eggs, when left alone, simply die before implanting or else self-abort, believers oppose stem cell research, abortion and even contraception that might harm embryonic human life.

The Religious Right’s extreme devotion to embryonic life was on display in a recent bill aimed at protecting women and children from sex trafficking. Conservative Republicans inserted language that would deny abortion care funding to young girls who got pregnant after being coerced into sexual slavery, forcing them instead to carry pregnancies and give birth.

To a person imbued with modern secular ethics, such priorities may be immoral; but in the Iron Age worldview of the Bible writers and fundamentalist believers, they actually make sense.

A Modern View of Childhood

Modern secularists think of children as persons with rights based on their capacity to suffer and feel pleasure, to love and be loved, to be aware and self-aware, to have preferences and intentions that are expressed via decisions and actions, and to have dreams and goals that place a value on their own future. These capacities, which make human life uniquely precious, emerge gradually during childhood, which is why children can’t take care of themselves. Parents are thought of as custodians, who have both rights and responsibilities that change over time, based on the ways in which a child’s own capacities are limited.

In this view, as children become more capable, their rights increase within developmentally appropriate limits, while parental rights and responsibilities decrease. If a five year old prefers vanilla ice cream over strawberry, most people believe that, all else being equal, he or she should be allowed to choose. A seven year old has little say in a custody agreement, but a fourteen year old who prefers to be with one or the other parent can get a hearing from a judge. Similarly, the capacity for sexual consent emerges gradually during adolescence. Young teens may be capable of consenting with each other, but their vulnerability to manipulation and exploitation means they are protected legally by the concept of statutory rape.

In 1923, Kahlil Gibran published his much loved book, The Prophet, which contains his poem “On Children.” Gibran’s poem, though deeply spiritual, reflects a modern view of childhood::

Your children are not your children. They are the sons and daughters of Life’s longing for itself.
They come through you but not from you, And though they are with you yet they belong not to you.
You may give them your love but not your thoughts, For they have their own thoughts.
You may house their bodies but not their souls, For their souls dwell in the house of tomorrow, which you cannot visit, not even in your dreams.
You may strive to be like them, but seek not to make them like you. For life goes not backward nor tarries with yesterday.

Gibran’s 20th Century view would have been completely alien to most of the Bible writers.

A Biblical View of Childhood

In the Iron Age mindset of the Bible writers, children are not individual persons who have their own thoughts, with corresponding rights. Rather, like livestock and slaves, they are possessions of the male head of household, and the biblical framework governing treatment of children is property law, not individual rights law.

The legal term chattel refers to moveable personal property, economic assets that are not real estate. In the Bible, children, like slaves and livestock, are chattel. Male children grow up to become persons, while females remain chattel throughout their lives, first as assets of their fathers, then as assets of their husbands.

The texts bound together in the Bible were written over the course of hundreds of years, and they reflect the evolution of social and ethical norms within Hebrew culture during that time span. Some express a more compassionate and dignifying perspective toward children than others. But fundamentalists and other Bible-believers treat these texts as a package, a set of perfect and complete revelations essentially dictated by God to the authors, which is why they all too often end up pitting themselves against ethical, compassionate treatment of children. Taken as a whole, the biblical formula for parenthood is based on several core assumptions:

  • Children are property of their fathers. This is why God can allow Satan to kill Job’s children  during a wager over Job’s loyalty—and then simply replace them. It is why a man who injures a woman causing her to miscarry must pay her husband for the loss.
  • Children are born bad. This mentality derives from idea of original sin, which posits that all humans are basically evil because Eve defied God and ate from the Tree of Knowledge. It is one reason that early Christians believed that Jesus, as the perfect “lamb without blemish” could not have a human father and so added the virgin birth story to the Gospels at the end of the 1st Century.
  • Children must be beaten to keep them from going astray. In the Gospel stories, Christ’s only teaching on the subject of physical punishment was “whoever is without blame, cast the first stone.” Unfortunately, many Christians prefer King Solomon’s“spare the rod, spoil the child” admonitions from the book of Proverbs.
  • A father’s right of ownership extends even to killing his child. This is why it makes sense for Abraham to sacrifice Isaac or Jephthah to sacrifice his daughter, or even God to give his “only begotten son” as a human sacrifice. In the Torah, a man can send his child into battle or sell his child into slavery. The Torah advises that a rebellious son should be put to death.
  • The primary value of adult females is to produce valuable children, meaning in particular male children of known origin. Hence, a female’s virginity is a core part of her economic value. This is why a rapist can be forced to marry the damaged goods in the Torah as is sometimes the case in conservative Islam today, or a female can be stoned for pre-marital sex. In the Hebrew Torah, the wives of the patriarchs send their slave girls to get pregnant by their husbands to up the baby count. In modern America, Evangelical girls attend purity balls and receive promise rings by which they can be “given in marriage.” In this context, the seemingly bizarre and hypocritical stance of defending embryonic life while simultaneously defending child abuse makes sense. A man has a right to offspring. Woman was made to bear them. (As both Bible writers and Church leaders through the ages have reminded us over and over, that is her purpose and her salvation, the way she makes up for Eve’s act of defiance, even if it kills her.) Within the hierarchy of the family, a woman has authority only over the children and only by proxy: she acts as an administrator of God’s will and that of her husband. A child is not a person with intrinsic rights but a man’s possession, to bring up according to his own values and beliefs, and paternal rights have few limits.By Way of AnalogyFor a modern reader, the concept of chattel is simplest and easiest to understand when applied to livestock: A rancher owns cows for the purpose of breeding them, and he guards their fertility carefully to manage the kind of calves he wants. A young, fertile cow is worth more than an older less fertile cow. A bred cow is worth more than an open cow. A cow has no right to avoid pregnancy, however unpleasant or risky, and no-one but her owner can decide when she has given birth to enough calves. Someone who deliberately caused a cow to miscarry would be stealing from the owner. Once calves are born, they belong to the owner, who has the right to poke or prod or hit or kick (or castrate) them to get the kind of behavior he wants.

    At one point in American history, this was how many Christians thought of slaves, and they cited the Bible to back up this view. Today most Christians find human slavery appalling, and the last remaining kind of legal living chattel is non-human animals. But because the Bible and Koran bind believers to the Iron Age, echoes of the Iron Age chattel structure can be found in the views and values of devout believers.

    Female Birth Control Violates Biblical Property Rights

    In this worldview there is little room for abortion or even pregnancy prevention, or for that matter any form of reproductive agency on the part of a woman. God is in charge, and every baby is a blessing, an arrow for the man’s quiver, one of his economic and spiritual assets. “Let go and let God,” women are told. A female is defined by her sexuality and childbearing—as a virgin, mother or whore—and contraception turns the first two of these into the third.

    Modern Catholicism’s Madonna-whore dichotomy and anti-contraceptive theology may have evolved as a competitive breeding strategy designed to serve the religion itself. But Catholic antipathy to female contraception has more ancient and primitive roots in the Iron Age culture of the Bible writers, and perhaps—beneath that—in the biological instinct that nudges individual males to control female fertility and engage in competitive breeding of their own.

    Coerced pregnancy is one means to this end, and freely given prior consent is “not a thing” in either the Hebrew Torah or the Christian New Testament: Eve is created for Adam when none of the other animals are found to be suitable companions for him. Women are given in marriage as transactions between men throughout the Torah. Sexual slavery abounds, with God providing instructions on how to purify virgin war captives before they are bedded. (See Captive Virgins, Polygamy, Sex Slaves: What Marriage Would Look Like if We Actually Followed the Bible.) In the gospel story of the virgin birth, Mary is told (not asked) by a powerful being that the Holy Spirit will come upon her and she will get pregnant. Of course she is thrilled—if a woman’s role is to bear children, what greater honor than to bear the child of a god?—but the bottom line is that intentional, volitional decision making by females about childbearing is simply beyond the consciousness of the Bible writers.

    Abortion—a woman’s decision to end an ill-conceived pregnancy—violates the biblical worldview in yet another way. In the Bible, bearing and ending life are roles that clearly split along gender lines. Females may have the power to bear life, but only males can end it. Man holds the right of life and death over his own chattel, just as God holds the right of life and death over humans, his sheep. The Bible says a man can beat his slave to death, and as long as the slave survives for a day or two afterwards, the owner is within his rights.

    In fact, the Bible endorses men terminating life for many reasons: eating or sacrificing animals, vengeance, territorial dispute, eradicating witchcraft or paganism, punishment, displays of power, and religious rituals, to name a few. However, it never endorses ending a life for reasons of compassion, mercy, or prudence—the reasons women often seek abortion.

    A Degraded Concept of Personhood

    What about the Religious Right’s Personhood movement, which seeks person-rights for embryonic humans? Doesn’t it contradict this framework? No. The anti-abortion Personhood movement, which attempts to equate personhood with human DNA, is part and parcel of this same worldview. In the Personhood movement, the qualities normally associated with personhood (sentience, feelings, thoughts, preferences, intentions, self-awareness, etc.), the qualities that create the basis for independence and rights, are irrelevant.

    The Personhood movement allows Religious Right leaders to co-opt centuries of human rights law and political philosophy while simultaneously undermining any concept of personhood that grants rights or autonomy based on the lived experience of another being. Consider, for example, the Alabama law which assigns “personhood” to a fetus—and then hands all associated rights to a (usually white male Christian) attorney. Fetal Personhood laws which equate personhood with DNA secure the Iron Age hierarchy of God and man over woman and child (and, tangentially, man over other chattel like non-human animals and artificial intelligences).

    Beyond the Bible

    In sum, it is much easier to extrapolate from the biblical worldview to the idea that a parent has the right to beat his child or withhold medical care, or that a teenage sex slave should be forced to bear a child, than to derive the idea that we have a responsibility to bring children into the world under the best of circumstances and to acknowledge their rights as individuals once they arrive. These are fundamentally post-biblical ideas, as is the notion that empowering women to delay or limit childbearing is a positive social good.

    For those who are not bound to the priorities of the Iron Age, fetishizing fetal life while hurting and disempowering women or children is morally incoherent. Thanks to science and scholarship, we know much more than our ancestors did about embryonic development–a reproductive funnel that requires many fertilized eggs to produce a few healthy babies. We also have learned much about child development, the gradual process by which a child takes on the unique psychological capacities of the adult human. And we know more than ever about the lived experience of sentient beings—including women and children. None of this knowledge supports the moral priorities of the Iron Age.

    Instead, it supports a worldview in which thoughtful, intentional childbearing empowered by the full spectrum of family planning care goes hand in hand with a value on thriving women and children. A woman is an independent person and so are her children, and it is her right and responsibility to plan her family so as to live her life to the fullest and stack the odds in favor of her children having rich, full lives of their own.

     

  • Valerie Tarico is a psychologist and writer in Seattle, Washington. She is the author ofTrusting Doubt: A Former Evangelical Looks at Old Beliefs in a New Light and Deas and Other Imaginings, and the founder of www.WisdomCommons.org.  Her articles about religion, reproductive health, and the role of women in society have been featured at sites including AlterNet, Salon, the Huffington Post, Grist, and Jezebel.  Subscribe at ValerieTarico.com.

 

 

see: http://valerietarico.com/2015/03/24/children-as-chattel-what-religious-child-abuse-and-the-pro-life-movement-have-in-common/