I knew nothing about the Duggars until two days ago; and, as Karl Kraus might say, now that I know all about them I feel much less well informed. Apparently in America you can become a tourist attraction just by giving birth on schedule. Michelle Duggar did it at year-and-a-half intervals for 27 years, like a fertile Old Faithful, and she parlayed it into her own TV show. The Duggars spawned 19 children; they monogrammed the kids, all their names beginning with “J” (for daddy Jim Bob, or maybe Jesus, or the life-inciting jism); Mom has spent 144 months pregnant, 12 years of her life; they go through 16 boxes of cereal, 7 gallons of milk, and 40 loads of laundry a week. This isn’t a family, it’s a factory. They don’t give love, they produce shareholder value. Learning about them is like leafing through Enron’s glossy annual reports before the fall. The facts and figures impress, but don’t inform; their accumulation teaches nothing. Now that I’m familiar with the Duggars, I’ve diminished rather than increased my useful knowledge about the world.
A gossip magazine made me taste, in matters Duggar, the fruit of the Tree of Knowledge. Last week In Touch reported that eldest son Josh Duggar “was named in a police report as the ‘alleged offender’ in an underage sexual abuse probe.” It’s been nonstop furor since. Josh, 27, was a rising right-winger, a lobbyist for the wildly homophobic Family Research Council. He takes after his hardshell Baptist parents. From their Arkansas home, mother Michelle did robocalls last year opposing a local anti-discrimination law, warning parents it would allow trans people — “males with past child predator convictions” — to “endanger their daughters or allow them to be traumatized by a man joining them in their private space.” The scandal and the hypocrisy practically mandate gays and their friends to gloat.
I have no patience for the Duggars’ homilies, or for their show, which I never watched. (Their channel pulled it from the air tonight, endangering those breakfast bills but possibly forcing them to earn an honest living.) It’s the schadenfreude I question — and fear. Is demanding Josh Duggar’s head a blow for liberation? Or is it surrender masquerading as a victory? Does it give an inadvertent imprimatur to the punitive laws and the punitive state that have spent decades making LGBT people their victims? In playing along with moral panic, is it ourselves we hurt?
There’s plenty of “gleeful, gotcha-style excitement,” as Mary Elizabeth Williams calls it, out there.
But what’s the truth? In Touch has now released the 2006 police report on Josh Duggar, their only evidence. It’s on their website, heavily redacted by the local constabulary. (They’ve blacked out not only names, but, weirdly, personal pronouns that are completely obvious from the context. It’s a pathetic attempt to make it seem police are protecting the Duggars’ privacy, when in fact they’re putting the ordeals of minors on display. In quoting, I’ve restored the missing pronouns in brackets where possible.)
The report is bureaucratic and boring, yet a wind of paranoia blows through it from the blanks and deletions, a window ajar on a menacing wilderness. A Victorian atmosphere of fear, silence, and suddenly forced speech cohabits with sunny split-level certainties, as though a Gothic novel had mated with The Brady Bunch. Start then with how the Duggars governed their brood. They were all homeschooled. The kids had limited contact with life outside – with what hardcore evangelicals call “the secular world.” All their curiosities and impulses had no object but each other. Sexual stimulation was an intense source of fear. The whole family had to wear “modest dress,” even in the swimming pool, as Mom Michelle explains:
[W]e felt like we needed to be covered from our neck to below our knees … [W]e don’t want to play peekaboo so that there’s a visual element that might defraud someone. For us the definition of the word defrauding is to stir up desires in someone else that cannot be righteously fulfilled.
And amid this, in March 2002, one of the children told Daddy Jim Bob (as Jim Bob later told police) that Josh had been sneaking into a common bedroom and touching one of his sisters “on the breasts and vaginal area … this had occurred 4 or 5 times.” The victim herself only “remembered one time when [she] woke up and [Josh] was taking [her] blanket away, but [she] did not remember anything else.” This was definitely not righteous fulfillment. Jim Bob confronted Josh. At least two anguished family meetings followed, warning everyone about “inappropriate touching.” But in July of that year, Josh confessed to his father that he’d also touched the breasts of a girl from another family, while she was sleeping at their house, on the couch. “About 9 months later,” in March of 2003, according to Jim Bob, “there was another incident”; Josh touched one of the girls, who was sitting on his lap while he read to her. And, “sometime during this time frame,” while another daughter “was standing in the laundry room,” doing one of those 40 loads, Josh “had put [his] hand under [her] dress.”
Josh was born on March 3, 1988; this all happened when he was 14. The redactions in the report conceal how old the alleged victims were. From the details that slip through, I’d guess they ranged, when interviewed, from perhaps 10 to 16; since the police investigation happened over three years after the acts (I’ll get to that in a minute), that means they might – I stress this — have been 7 at the youngest, 13 at the oldest, at the time.
That’s a big gap. But it is also important to look at exactly what the police learned from these interviews. The children went one by one to the Springdale Children’s Safety Center, for an intimidatingly formal encounter with the cops. In each case, the report says, officers “started the interview by getting to know them”: by offering an anatomical diagram, perhaps a discomfiting icebreaker for a child.
Start with the girl on the couch. She told police she remembered nothing except that she “half way” woke up and felt Josh “trying to take the blanket.” She “stated that [she] did not know what [Josh] had done until later,” when he “confessed that he had done some things wrong.” Josh “asked for forgiveness for touching [her] improperly” and for “having wrong motives.” The detective asked “if [she] had any worries, concerns, or if [she] was scared. [She] sad [sic] no.”
The girl guest in the Duggars’ house similarly had no memories of being touched. “It happened when [she] was asleep. … approximately three and a half to four years ago [her] parents got a phone call from Jim Bob and Michelle. [She] said they told [her] parents that they needed to talk … the Duggars came and apologized [to her. She] said that [they?] told [her] that [he] touched [her] while [she] was sleeping. [Josh] said it only happened one time.”
What the interviews do suggest is that after those family meetings, the whole clan was on sexual alert, especially though perhaps not exclusively where Josh was concerned. Police interviewed another daughter, whose story Daddy Jim Bob had apparently not mentioned to them. It’s not clear it shows abuse; it shows an atmosphere of intra-family suspicion where physical contact instantly received strict scrutiny. “Inv[estigator] Taylor asked if something happened. [She] said some thing happened a long time ago.” Josh “had touched [her] inappropriately … [She] said [he] felt bad about it.”
Inv. Taylor asked what happened to [her. She] said [she] did not remember much … [She] said she was walking through [?unknown] and [he] started scratching [her] back. [She] said her clothes were on, but [he] was scratching [her] back on [her] skin. [She] said [he] pulled her shirt up and touched [her]. [She] said [she?] felt bad about it and told their parents. [She] said [she] told them that he had touched her chest.
“He touched me inappropriately” sounds like repeating a parental warning. Specifics of the touch are vague, though. After pointing to breasts and vagina on an anatomical chart, “Inv. Taylor asked if anyone had ever asked [her] to touch them or make [her] do anything she did not want to do. [She] said no.”
Another daughter described the reading incident. “it happened once when [Josh] was reading all the kids a book.” Seemingly all the children were in the room, and the girl was sitting on the arm of his chair. “ Josh “dropped the book and ran from the room.” Another sibling, it seems, “called their parents and told them what had happened.” Josh, the interviewee says, had
touched her on the skin … [she] was sitting down and had pulled [her] dress up because it had a hole in it. [She] said [she] had pants on under the dress and [he] pulled them down. [She] said [he] touched [her] private. [She] said it felt weird.
Inv. Taylor asked [her] to point to where [Josh] touched her on the anatomical drawing. [She] pointed to the buttocks and said it happened on the outside.
This incident seems weird indeed, not least because it happened in front of all the children. It’s not clear where he touched or how. But beneath the blurred details it’s reasonably clear that any “touching “Josh did by then, even under everyone’s eyes, could incite an indefinite but collective alarm.
Finally, there’s the girl in the laundry room.
Inv. Taylor asked if [she] knew why [she] was there for interview. [She] then started to cry. Inv. Taylor handed [her] a tissue. [She] said that [Josh] did something to [her] four years ago. [She] said [she] did not remember what [he] had done exactly. [She] said all [she] remembers is that [she] was on the washing machine and [he] picked [her] up and did something to [her]. … [She] said [she] did not remember what [he] had done. [She] said he had stuck [his] hand up [her] dress, but did not remember what [he] had done.
Her tears echo with me. But why was she crying? We don’t know. Was it because she was recalling a traumatic memory? Or did the trauma stem from being forced, in an institutional setting, to revisit for police an ambiguous incident that derived part of its meaning from family division, mistrust, and fear? Was the trauma in the event, the context, or the compelled retelling?
There are many things we don’t know about these stories, and many ways to read them. Something happened. Josh confessed at the time to “improper touching” and “wrong motives”; he “acted inexcusably,” he said in his ritual mea culpa this week. But how? He was never charged with any crime. (For more on why, see the Note at the end of this post.) I can only offer one subjective view.
Clearly Josh Duggar was a troubled child: an adolescent discovering his desires in repressive confines that gave them neither legitimacy nor outlet.The gamut of possible rubrics for his reported acts runs from odious to “merely” creepy. Why, though, is everybody sure the first recourse should have been criminal law and the police? There was no penetration, no intercourse, no incest, no violence, no force. There’s no clear sign that anybody suffered trauma, or any other harm. Most of the five girls remembered either nothing, or something too vague to be categorized, much less criminalized: a palimpsest of a seemingly minor experience and its subsequent panicked redescriptions. And even the number of his offensive actions remains indeterminable. Several of the later stories could be the product of a family environment already prone to moral paranoia about sexuality, and now perpetually on watch. We know too little to decide.
The media are full of pictures of portly, 27 year-old Josh with the headline Child Molester. These deliberately obscure the fact that when it all happened, he was a child. Originally the “child molester” label meant menacing adults despoiling innocents. It’s only in recent years that we’ve come to believe that innocence is under threat from the innocents themselves.
And here, I think, the Duggar story melds with deep contemporary anxieties. Judith Levine has analyzed the rise, in American popular culture since the 1980s, of “a new ‘epidemic,’ the ‘sexualization’ of children; a new class of patient, ‘children with sexual behavior problems’; and a new category of sexual criminal perpetrator, ‘children who molest.’” Forms of sexual exploration that for decades or more, in a liberalizing society, had been unproblematic or normal for kids suddenly met a sharp punitive backlash. The very economic and social freedoms that many (middle-class) children enjoyed made parents fearful. “Experts” discovered danger in ever more private, domestic, and previously innocuous actions. Kids became the darkest threat to other kids.
As Roger Lancaster reveals in Sex Panic and the Punitive State, reports of child sex abuse in the US rose from 6,000 in 1976 to 350,000 twelve years later – a fifty-eight-fold increase. Was abuse exponentially growing? Were hundreds of thousands of survivors stepping forward? Or was the country in the grips of a panic, seeking sex and imagining abuse in gestures and conduct where they’d never been seen before? Likely, the latter. The panic was also helpful to a Reagan-era state fortifying its police powers. The pedophile in the house, Lancaster writes, “circulates fear of crime beyond the inner city and into the outer suburb. He thus fosters security measures and watchfulness in places far removed from any crime scene. He anchors the culture of control firmly within the far-flung redoubts of the white heterosexual middle-class family.”
Creating the child pedophile proved a particularly potent trigger for fear. Levine cites a welter of stories:
In 1996, in Manchester, New Hampshire, a ten-year-old “touched [two girls] in a sexual manner” (he grabbed at them on the school playground) and was charged with two counts of rape. In New Jersey, a neurologically impaired twelve-year-old who groped his eight-year-old stepbrother in the bath was compelled to register as a sex offender under Megan’s Law, a mark that could stigmatize him for life. In 1999, the newspapers briefly bristled with reports of a “child sex ring” in York Haven, Pennsylvania, in which “children as young as 7 .. taught each other to have sex.” An eleven-year-old girl was convicted of rape.
A single mother in Long Island, New York, tracked me down in 1999 to ask for help for her thirteen-year-old son, Adam, who had been accused of sexually rubbing against his eleven-year-old sister (she had boasted of her sexual experience to her friends, who were urged by her to report him to a school counselor). Adam was arrested, handcuffed, threatened with prosecution on adult felony charges, then placed in a youth sex offenders’ program in an austere Catholic residence (he was Jewish), where he was paroled after a year on the condition that he undergo at least another year of outpatient treatment.
A grandmother told Levine how a sex-offender institution kept her 11-year-old grandson locked up, despite pleas to release him. His refusal to confess, they said, showed he was “in denial.” After four years of incarceration for demanding what he was too young to call due process, the child killed himself.
Of course children can be violent; they can abuse and rape. And abusive sex within families is real. Accusations of incest have racked families I’m close to, even related to; I know how traumatic both the stories and the consequences can be. But Duggar was not accused of incest or violence or rape: only, and ambiguously, of fondling other children. Maybe we’ll learn something – some new story, from some new victim – that limns a conclusive horror. Till then, though, we need to ask the LGBT people piling on his case why they think he should be treated as the worst kind of criminal danger – and why the brand of “sex offender,” based on stories from his fourteenth year that led to neither charges nor conviction, should irrevocably make him a pariah a decade after the fact.
It’s clear what Duggar’s critics want to see: jail time, or worse.
And Dan Savage weighs in:
Just pause there. Savage wants Child Protection Services to descend with their full panoply of powers on the parents twelve years after – not on the alleged abuser, who’s grown up and doesn’t even live in the house. (Of course, police already interviewed almost half the children without parents present.) Presumably he wants the law, after inflicting its own brand of trauma on the kids, to ship them all to foster homes. Savage endorses the principle behind sex offender registries, with a vengeance: that “sex crime” accusations deprive you permanently of your civil rights, along with everyone around you. A teenage misdeed marks you for life, and your blood relations. This is a new stage in Savage’s transition from self-proclaimed “sex radical” to exponent of middle-class paranoia at its most unthinking. He takes what authorities do to gay men as a model; he just wants it done to everybody else.
The premise here is that the parents led a “cover-up.” And the basis is that when Daddy Jim Bob first heard his son might have fondled his sister – an act she didn’t remember – he should have summoned the police immediately. Here the underlying fear becomes clear: when children have problems and sex is involved, it’s a criminal matter first and above all. The law’s the best and only remedy for troubled children; the overwhelming danger they present demands the most draconian intervention. It’s all quite odd. Plenty of liberal Americans admit that our cops are racist torturers, our prisons are overpacked, our courts are warped and broken, the system runs on retributive fantasies – until they come up against a crime involving sex. Then those courts are paradigms of fairness, those brutal police our best friends; then it’s lock them up and throw away the key! And they seem almost triply eager to entrust human lives to the corrupt and unscrupulous system when the accused is a fourteen year-old child.
Crime control, as Lancaster writes, has become “the ‘pivot of governance’” in America; and sex is central to it. The specter of sexual predation dominates American culture, more dangerous than almost any other threats – economic disaster, political disempowerment, even the violent crimes we used to fear. Only terrorism rivals it. It’s a mythic, not material, peril. Innocence, Lancaster says – “a euphemism for child sexlessness” – has become the “new watchword, apparently more valued than children themselves. And offences against this childhood innocence have become a crime capable of inflaming opinion, inciting juries, and inspiring rash actions.” It’s natural that these invisible wrongs become the place par excellence where the police recover their respectability, the law its utility, the state its power. What we don’t notice is how our secular fear of sex replicates the Duggars’ religious strictures.
I challenge anybody to say, if they were Josh’s parent, the first allegation would have led them to call the police. Daddy Jim Bob alerted the rest of the family, in what seems to have been a effort to protect them. Apparently he immediately contacted the parents of the one alleged victim outside the family – appropriately: that is, he put the choice of whether or not to summon the police in their hands. All this is not a “cover-up,” though it does reflect a reluctance to send his son to prison. Where his response failed conspicuously was in finding a therapeutic solution. Jim Bob consulted his church elders, he claims; mistrusting secular programs, he sent Josh to “a Christian program in Little Rock which they felt more comfortable with.” He doesn’t seem to have considered therapy for his daughters. And the program, if it existed (the details are vague) was probably awful. If the boy derived any benefit – the accusations did stop after he turned 15 – it may have been simply from leaving home for a slightly less hothouse environment.
Reportedly, the Duggars’ homeschooling courses used materials from Bill Gothard, a Christian pseudo-educational guru whose model curricula include discussions of sexual abuse like this:
(There’s a whole website, recoveringgrace.org, devoted to people damaged by Gothard’s teaching materials; and this page offers more insight into how his minions view abuse.) If that’s true, it suggests any therapeutic response to Josh’s deeds that the Duggars endorsed might have only have added to the problem.
But paranoia about sex is not exclusive to Christian-right therapy. Neither is the replacement of rehabilitation by stigma, shame, and blame. Levine writes how, in respected programs for supposed child offenders,
the distinction between punishment and treatment is becoming more difficult to discern. A great deal of what passes for sex-offender treatment (such as an increasing number of “emotional growth” and other behavior-modification programs for misbehaving and violent youths) has been challenged as dubiously therapeutic and even abusive in itself. Moreover, unlike kids whose sentences are meted out by the juvenile justice system, those who become entangled in the mechanisms of “cure” are denied the legal protections afforded even adult perpetrators of the most heinous crimes.
One program she visited, she says, was “surely not the worst”:
But it was typical of youth sex-offender “therapy” today: steeped in conservative sexual values, behaviorist in approach, and employing classic good cop-bad cop manipulations by staff. … the practice was anything but consensual, and the rights of both children and parents were all but disregarded. The minute a child touched his neighbor’s penis or buttocks, he had been assumed devoid of moral faculties; there was simply no debating whether what he did was wrong. A patient received no due process: as long as he protested his innocence, he was “in denial” (the psychotherapeutic equivalent of “in contempt”) and could be dropped from the program that was a prerequisite of reunification with his family. Or worse: His treatment, unlike a jail sentence, could go on for years, during which he relinquished his own and his friends’ rights to privacy. Anything he said could be reported to the authorities, and in many programs he was required to furnish the names of everyone he’d had sex with.
Is this child abuse? What’s certain is that it shares with the Duggars’ ideology a deep, disabling fear of sex. The fear is turned in different directions, but it’s equally overpowering. And it’s kids who suffer.
The other aspect of the cover-up charge is that the Duggars kept this from the press. Presumably the fact they’re on TV created obligations to their inquiring audience; their kids’ juvenile offenses became fair game like any other minor star’s misdeeds. Even hypocrites and homophobes, however, have a right to privacy. In fact, the way this case became public followed a typical, invasive trajectory for juvenile sex cases: through gossip and suburban ressentiment. In 2006, an outraged 61-year-old neighbor e-mailed Oprah before the Duggars were due to appear on her show. Her missive seemed spurred more by jealousy than concern (“THEY ARE NOT WHAT THEY SEEM TO BE … JIM BOB LIES TO HIS CHURCH AND HIS FRIENDS TO MAKE HIM LOOK GOOD”). Oprah’s company passed the message to Arkansas authorities. The investigation ended without charge, but local rumors about Josh continued to swirl; that prompted In Touch to file a Freedom of Information request for his police records.
There is no rational excuse for releasing these records to a gossip magazine. However, as protections for accused juveniles in the justice system have eroded, so has respect for their privacy. A 1996 survey of “Juvenile Justice Reform Initiatives in the States” by the federal Office of Juvenile Justice and Delinquency Prevention noted stoically that
Until recently, State laws and judicial norms were established with the understanding that the preservation of the privacy of juveniles adjudicated in the juvenile court is a critical component of the youth’s rehabilitation. Today, however, in the face of increasing public concerns over juvenile crime and violence, government agencies, school officials, the public, and victims are seeking more information about juvenile offenders.
In this case, of course, the alleged “offender” wasn’t even formally accused. There were no charges, and the case never reached a court. An Arkansas judge yesterday intervened and ordered the police record destroyed: too late to protect the privacy of any of the juveniles involved.
I’ve no interest in defending the Duggars. Their ideology repels me, and their sexual anxieties are likely to demolish all their children’s lives. But neither are they a unique, deplorable freak show, detached from the pattern of American life. Their program lured a cult following among Evangelicals, but its bizarrely distended family dynamics had a wider appeal. For decades now, American audiences have been drawn to shows depicting super-sized families: The Partridge Family (five kids), The Cosby Show (ditto), The Brady Bunch (six), Seventh Heaven, Eight is Enough, John and Kate Plus 8, plus movies like Cheaper by the Dozen and many more. 19 and Counting was by the far the biggest, but its grotesqueries suggest what the fascination is about. For the Duggars, the family isn’t just a consumption unit, the way we’ve all been trained to feel. It’s a place of production, a factory of souls. Real work is done there, and that’s how it justifies its value in a fallen world. I remember what Joan Didion wrote, visiting the industrial barons’ palaces in Newport:
The very houses are men’s houses, factories, undermined by tunnels and service railways … Somewhere in the bowels of “The Elms” is a a coal bin twice the size of Julia Berwind’s bedroom. The mechanics of such houses take precedence over all desires or inclinations; neither for great passions nor for morning whims can the factory be shut down, can production – of luncheons, of masked balls, of marrons glacés – be slowed.
There are no marrons glacés in Duggardom, but the apple dumplings carry the same idea. Everybody produced, in Duggardom. Most of the toil was exploited and underpaid, 19th-century style; the kids got 3 cents per chore. Jim Bob calculated that “all the family members combined have worked approximately 39,000 total hours building their new house” – a figure that Qatar could envy, and that helps explain how the Duggars remained so proudly debt-free. Sex, too, was chained to the wheel of labor. The “Quiverfull” version of Christian Patriarchy to which they subscribed was all about maximizing reproduction; it turned women’s wombs into production sites for manufacturing little Christians – lots of them. The Duggars harnessed desire to the assembly line. Of course this Fordist vision of the family couldn’t last; desire escaped its bonds, disastrously. But you see their appeal; they gave an answer to anomic Americans wondering why the family should survive at all.
“Family” is, of course, a word to conjure with in gay life now, as marriage equality advances. And needless to say it doesn’t mean to us what it does to the Duggars. Our socially accepted intimacies aren’t production sites but proofs, a visible demonstration that we belong. Ours is the family as spectacle. It’s where you show the world you’re respectable, as good as them.
A family meant to be watched has to be kept in line, though. Opinion, gossip, the prurient side of publicity are enforcers of conformity. They punish the recalcitrant, the outliers. (It’s no coincidence that some of the most prominent gay men in America today – Michelangelo Signorile, Michael Musto, Perez Hilton – started as or still are gossip columnists.) But beyond chastisement by headline lie more brutal forms of power. Families in the US are zones of correction. They’re less and less private, more and more subject to surveillance, more and more ruthlessly criminalized when they go wrong. The law forces “deviant” famlies to conform. And childhood is no refuge from the law. To the contrary: get ‘em while they’re young. The US has more of its youth in jails and prisons than any other country in the world.
When gay activists rage against the Duggars and demand draconian punishments for childhood fondling, they aren’t just taking revenge for the hate the Duggars aimed at them. There’s schadenfraude, but there’s something more. Everyone should, of course, have deep concern for Josh Duggar’s alleged victims. That doesn’t require relying on the prison-industrial complex to right the wrongs. The gays are putting themselves on the side of power as it works in the US today: on the side of the jailers, the side of privacy invaded, on the side of moral panic and against its victims.
There are plenty of reminders out there of how rumor and panic coupled with police power can destroy people, Just last week, a Texas appeals court finally overturned the convictions of Dan and Fran Keller. The couple were victims of the Satanic ritual-abuse panic of the 1980s, a witchhunt that saw hundreds jailed on charges ranging from ludicrous to insane. Terrified parents and eager police induced children at the Kellers’ day care center to tell stories of “videotaped orgies, of murder and dismemberment by chainsaw, of cats and dogs tortured and killed, of shark-filled swimming pools and a mutilated gorilla in Zilker Park, of corpses dug up and desecrated … of blood-soaked satanic rituals and of day flights to Mexico, where soldiers molested them before they were flown back to Austin in time to be picked up by their parents from the Kellers’ day care.” In 1992, they were sentenced to 48 years in prison. They served 21. They were finally freed in 2013, when the only physical evidence against them collapsed: an emergency room doctor untrained in pediatric forensics recanted, admitting that the signs of sexual abuse he’d supposedly seen on a girl’s body were actually normal variations. Voiding their convictions, the appeals court still refused to find them innocent. The Kellers, now in their 70s, remain under a permanent stain.
And there are cautionary stories that, for gays, should hit closer to home. Who remembers the boys of Boise? In 1955, in Idaho’s capital. police arrested three respected citizens for having sex with teenage boys. Local media seized the story to trumpet a threat to all the city’s children. “Crush the monster,” the Idaho Statesman warned. It went national: Time magazine claimed that a “widespread homosexual underground” had “preyed on hundreds of teen-age boys for the past decade.” Police hauled 1500 men in for questioning over the ensuing weeks. 16 eventually faced charges of “lewd conduct” or “infamous crimes against nature”; courts convicted all but one. Most got sentences from five years to life in prison. No children were protected; lives were ruined.
Then there’s Arkansas, the Duggars’ home. Three teenagers — Damien Echols, Jessie Misskelley, Jr., and Jason Baldwin, 16, 17, and 18 respectively — were charged in 1993 with the rape and ritual murder of three 8-year-old boys. Suspicion started because they listened to heavy metal music. They were queer, outcast, unmanly kids, the Devil’s brood. Media and churches wove a story of Satanic ritual abuse around the killings. In five to ten hours of intense interrogation, police pressured Misskelley into confessing and fingering the others. After their inevitable conviction, Lancaster writes, “New DNA evidence … established that the teens were not present at the crime scene. Forensic analysis concludes that the grisly dismemberments were the post-mortem work of wild animals, not ritual abusers.” In 2011, they won their freedom: the Arkansas Supreme Court refused to overturn their convictions, but resentenced them to time served. They had spent eighteen years in prison, with Echols on death row.
I’m sure the Duggars endorsed the kids’ ordeal; Satan is real for them. That’s not the point. Gays need to remember how panics work. When proof and privacy, doubt and due process disappear, it’s the deviant, weird, and unwanted who suffer most. Falling for the blandishments of power, you forget the people like you it hurt.
Note. Why did the Springdale police not press charges against Josh Duggar in 2006? The police report peters out with a detective writing that he “had not been able to locate an offence inside of the statute of limitations of three years.” In the last week, this roused Twitter outrage that the statute of limitations was so low:
It’s more complicated. In Touch, breaking the story, claimed that “The charge being pursued while Josh was a minor was sexual assault in the fourth degree,” according to “multiple sources who have seen the police report and are familiar with the case.” Other media parroted this. But it’s wrong. The police report says differently: the most serious charge it lists is sexual assault in the second degree. Under Arkansas Code § 5.14.103 paragraph 6 (available through LexisNexis), that applies if “ Being less than eighteen (18) years old, the person engages in sexual contact with a person not the person’s spouse who is less than fourteen (14) years old.” (Arkansas Code § 5.14.101 defines “sexual contact” as “any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female.”) In that form, second-degree sexual assault is a Class D felony, meaning it should have a statute of limitations of three years. There’s a catch, though: Arkansas Code § 5.1.109 stipulates that second-degree sexual assault has no statute of limitations “if the victim was a minor at the time of the offense.”
If I’m reading this right, then, the police were wrong about the statute of limitations. It’s possible they just didn’t know the law. Sex law in Arkansas, as in most places, is a confusing mess: a baroque welter of legal classifications imposed on impulsive acts. There’s another possibility, though. It should have been clear to any police officer, looking at the evidence from their interviews – the edifice of stray touches and forgetfulness — that this was a very flimsy case to bring to trial. Of course, in many sex-crime cases, evidence hardly matters; rumor is enough to prosecute. It’s possible, though, that they used the statute of limitations excuse to avoid admitting that what they’d found simply couldn’t sustain a high-profile prosecution.