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January 04, 2016

Josh Duggar Files Motion to Dismiss Danica Dillon Sex Abuse Suit

PHILADELPHIA—Former (and likely future) TV personality Josh Duggar has filed a response, in the form of a Motion to Dismiss, to the claims of adult star Danica Dillon that Duggar engaged in non-consensual roughness when the pair had sex in her Philadelphia hotel room on two separate occasions. As AVN previously reported, Duggar was a customer at the Gold Club in Philadephia, where Dillion was feature dancing in March 2016. After paying roughly $600 for lap dances, Duggar and Dillon agree to meet in her hotel room for consensual sex, for which Duggar reportedly paid $1,500. Dillon claims Duggar proceeded to assault her during sex, and that was not part of their agreement and “exceeded the scope of any consent” she granted. He then allegedly attempted to apologize to Dillon a month later at another local strip club, but according to Dillon, the "apology" was a ruse to fuck her again and commit further battery on her. "Under Pennsylvania law, '[a]ssault is an intentional attempt by force to do an injury to the person of another, and a battery is committed whenever the violence menaced in an assault is actually done, though in ever so small a degree, upon the person'," wrote Duggar's attorney, Jeffrey A. Conrad, in his Motion to Dismiss. "The Plaintiff has not alleged that Defendant attempted by force to do injury to her; nothing but a boilerplate allegation of assault in [Complaint Paragraph] 9 has been pleaded." Conrad went on to say that Dillon "did not provide anything more than a formulaic recitation of the elements of assault and/or battery. Her labels and conclusions are not adequate, particularly because she states that she consented to physical and sexual contact in exchange for payment." That last charge is interesting in that Duggar's attorney admits that Duggar paid Dillon for sex therein—something Duggar had not previously admitted. However, it was reported in early December that Duggar's wife Anna did undergo STD testing, apparently in response to both Dillon's claims and the revelation that her husband had an account with adultery site Ashley Madison. Dillon had originally filed her lawsuit in Common Pleas Court in Philadelphia, but Conrad successfully moved to have the suit transferred to federal court here because Duggar isn't a Pennsylvania resident, and the suit is for an amount greater than the Common Pleas court can consider. Dillon is seeking $500,000 from Duggar for both the battery and "intentional infliction of emotional distress." A pretrial conference is set for January 21. It is unclear how this might affect Dillon's appearance at the Adult Entertainment Expo, though according to her complaint filed last November, she has been unable to work because of her injuries.

 
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