Porn star Danica Dillon previously sued Josh Duggar for battery after their two "violent" sexual encounters last spring — and now, the former 19 Kids and Counting star filed his own motion to dismiss her lawsuit.
In the court documents obtained by In Touch, Josh’s lawyer, Jeffrey A. Conrad, does not deny that the two had "rough" sex; rather, he asserts that there isn't sufficient evidence to prove their interaction qualifies as "assault," which she claims she was a victim of.
The documents explain, “Assault requires both intent to place the Plaintiff in imminent apprehension of harmful or offensive contract and the Plaintiff's actual imminent apprehension. Plaintiff 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.”
In other words, Josh's attorneys aren't denying that the two had sex, nor that it was rough — rather, they're merely arguing that she lacks the evidence for the encounter to be labeled as "assault," being that she not only consented to their interaction, but was also financially compensated.
In August, Danica opened up to In Touch about their encounter. She said, “He was manhandling me, basically tossing me around like I was a rag doll. It was very traumatic. I’ve had rough sex before, but this was terrifying. I actually really hope that his wife [Anna Duggar] leaves him and takes his children away from him and leaves him a lonely, bitter man. I don’t think he deserves happiness.”