DH Accused of stealling

[kidsinamerica]

DH has been contacted by his boss to inform him that the police will be calling at our house tonight. DH works in a home-service industry and therefore enters up to 50 properties on a weekly basis (and has done so for the last 22 years).

Evidently a customer, whose house he was in during Dec 2011, has contacted police and accused him of stealling some jewelry. Of course, he didn't do it and he can tell the police no more than that. He has never stolen anything (he was brought up proper) and is therefore horrified that after a faultless career, this mark has been placed upon his name.

So I ask, does anyone know if this will mean there is a criminal record that will be created - will this accusation remain against his name? Where do you stand when someone makes a false accusation about you - is there anything you can do as a return claim (slander? or such - tho she may not be lying, but is certainly horribly mistaken). Poor DH is angry, sad, disapointed and quite simply horrfied - what can i say to reassure him?

He will only have a record if he is convicted (found or pleads guilty), or if he agrees to a caution.

Without any evidence, such as the police finding something on your premises which belongs to her, or CCTV or eyewitness evidence, or evidence that your dh has sold or passed on any item, there is no way that the Crown Prosecution Service could take this claim any further.

Why has she just reported it now, anyway?

So whilst this is obv. v v upsetting to him and to you, it isn't going to go anywhere.

Forget slander, it would be v hard to prove that the woman didn't make an honest mistake.

Thanks mumble.

I think its only just been reported cause she's only just noticed its missing. You're right it's probably just an honest mistake and its not the hurtful deliberate accusation it feels like, it just feels awful for DH.

Thanks for the reassurance tho - much appreciated

Is she elderly?

No not elderly, in her fifties only.

mumblechum1, an "honest mistake" is no defence to a claim for defamation (slander is defamation which is in a transient form, e.g. speech). Justification (i.e. the truth) is however a defence.

kidsinamerica- this must be very distressing for you and your H. Is your husband's boss supportive of your H or not? Depending on what the police say I'd carefully consider taking legal advice tomorrow if I were you. Especially if it could affect your H's livelihood.

Your poor DH. I'm sure the police won't take it further with no corroberation. And I'm sure that his employers won't take it further either with a 22 year work record.

Boss is very supportive - basically said "I know you wouldn't have, I told the officer as much." If the police leave and take no further action then neither will his employers.

He is very angry tho - he just hates the idea that anyone could believe this of him - although anyone who knows him just knows he wouldn't have IYSWIM?

I would be surprised if if was arrested, unless she can say no one else entered the house in the last month, there were no signs of a burglary and that your DH was left unattended at the location. Sounds fishy - more like a family member.

There's no evidence he's taken anything, is there? The police aren't going to do anything.

There is a case for a review of lone working procedures within his organisation though. Perhaps he should be calling for people to work in pairs?

There is no evidence - that's true.

I guess we have no doubt that there's never proof of a crime you didn't commit - he is more worried about it being on some police data base somewhere I think. He's just really uncomfortable with it all.

And thanks to you all for your time - truly appreciate it

Insurance claim/crime number. That makes sense.

but yeah, it is still rubbish (message made me smile tho)

Remember that woman on here that accused the Sky man of stealing her ring, and then she found it in a drawer (or similar)? She got vilified for accusing him and having no proof.

Gosh! Poor Sky man - I hope she was suitably horrified.

Off to feed/bathe/PJ kids and await arrival of police.

Thanks for everything up to now - will come back and update after "the visit"

i remember that thread Agent the woman was calling the poor bloke for everything then she found it...i think she eventually called the company back to apologise

i hope she did but have a feeling she didn't

Fayrazzled - Complaints to the police are subject to qualified privilege, which means you have to prove malice in order to win a slander/libel case. So the OP's husband would therefore have to prove that the woman hadn't simply made an honest mistake.

prh47bridge- actually I think complaints to the police are subject to absolute privilege aren't they so no need to even prove malice?

But if the woman in question has defamed the OP's husband by repeating the allegation about him specifically to anyone other than the police then they could potentially bring a claim, I think.

But sounds like good news that the boss is supporting him and it the spurious allegation shouldn't affect his career. Sue-ing for slander /defamation is not to be undertaken lightly- could cost a fortune!

Definitely qualified privilege. Absolute privilege covers court proceedings, parliamentary proceedings, statements made by a client to his solicitor and reports made by officers of the armed forces to their superiors. It also covers reports of court and parliamentary proceedings provided the reports are fair and accurate.

Qualified privilege applies when the person making the statement has a legally recognised interest or duty to do so and the person to whom the statement is made also has a legally recognised interest in it or duty to receive it. So it covers someone reporting a crime to the police and mistakenly claiming they can identify the criminal. It may also cover the woman making the claim to the OP's husband's employer but it is unlikely to cover her if she has made the claim to anyone else.

I agree completely that it is rarely worthwhile to sue for slander or libel.

I love it when prh47bridge agrees with me cos e is well clever innit.

The customer has claimed your DH has stolen something. The Police have to interview him to get his evidence (statement). If it is one word against another then nothing will happen. If she has further evidence such as CCTV, witness etc then charges could be brought.
If DH is being honest, which you are sure he is, then nothing will come of it.
Being down as a suspect on Police systems means nothing as they aren't dis closable. Being charged with a crime is.

I'm sure he'll be ok

Update as promised - but not quite what I was expecting to post.

Police were a no-show. We waited and waited, but nothing.

I'm guessing there was a real crime out there for them to sort, so we'll just have to hang on in there until they do call by (and I will let you know what happened, of course).

DH has been greatly encouraged by all your words and sends you all many thanks, he has been greatly reassured by your input and seemed to sleep more comfortably last night. (and I am very grateful to you all for that).

Oh, good!

It'll all turn out to be a storm in a teacup, I'm sure.

The police can caution your dp - if they do want to caution your dp he can refuse - then state he wants them to take the matter to court. He doesn't have to except a caution and he shouldn't be forced to accept one.

if he accepts the caution then he will have a criminal records without any court or defense etc and then of course he will lose his job as he will not pass a CRB check.

I am sure it will all turn out ok