This week on Legally Us, Rachael Bennett, a certified family law specialist and senior attorney at Sullivan Law & Associates, breaks down Joseph Duggar’s arrest for child molestation.
Duggar, 31, was taken into custody on Thursday, March 19, on charges of lewd and lascivious behavior involving molestation of a victim less than 12 years old and lewd and lascivious behavior conducted by a person 18 years or older.
He appeared in court virtually on Friday, March 20, where he did not enter a plea and waived his right to an extradition hearing.
“He’s currently waiting to be transferred from Arkansas to Florida and he’ll be facing trial on child molestation charges in Florida,” Bennett tells Us. “He’s also been charged with the same child endangerment crimes as Kendra [Duggar] related to the home inspection, but those are, I would say, considered secondary.
If he’s convicted in Florida, these specific charges could result in a life in prison sentence and if a life sentence isn’t given, Florida law requires what’s called a ‘split sentence,’ which requires a minimum of 25 years in prison followed by lifetime probation.”
Kendra, 27, was arrested and is facing four counts of endangering the welfare of a minor (second degree) and four counts of second-degree false imprisonment. The mom of four was subsequently released on a $1,470 bond.
“She’s been charged with eight counts total and each count carries up to one year in jail, plus fines up to $2,500 per count,” Bennett explains. “
Technically, she could face up to eight years in jail, plus significant fines, but I think it’s important to note here that she’s been charged in the second degree rather than the first, which suggests that investigators did not find evidence that the children were actually harmed or exposed to some kind of serious risk of injury.”
She added, “If there’s no evidence of that, then these charges are likely to be resolved with a much softer sentence, especially for a first-time offender.”
If you or someone you know has been sexually assaulted, contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673). If you or someone you know is experiencing child abuse, call or text Child Help Hotline at 1-800-422-4453.
For a full legal recap, watch the video above.
