Josh, who has been languishing in a religious-based rehab center for months after admitting he cheated on wife Anna, filed a motion to dismiss a lawsuit brought against him by a porn star who alleges he assaulted her during extremely rough sex.
However, in his motion to dismiss Josh does not deny he and Danica Dillon engaged in sexual activities, rough or otherwise — he simply denies their sex acts qualify as assault.
In documents filed with the U.S. District Court, Josh's lawyer Jeffrey A. Conrad states that the case should be dismissed because it does not meet the criteria for assault, namely that "the Plaintiff has not alleged that Defendant attempted by force to do injury to her."
"Assault requires both intent to place the Plaintiff in imminent apprehension of harmful or offensive contract and the Plaintiff's actual imminent apprehension," the motion reads. "Plaintiff did not provide anything more than a formulaic recitation of the elements of assault and/or battery."
In addition, the documents point out that Dillon was engaging in prostitution with Josh as her client.
"Her labels and conclusions are not adequate, particularly because she states that she consented to physical and sexual contact in exchange for payment," Conrad wrote.
Dillon is suing Josh for $500,000, claiming their rough sex got too rough for her tastes and felt like rape. The Duggar family has not commented on the lawsuit.
Josh remains in his Bible-based rehab, where he is expected to stay for a total of six months. Anna reportedly plans to stand by her man.
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