Legal Question in Criminal Law in United Kingdom

My wife is a nursery school teacher of 10 years and has recently been accused of sexual bodily harm on a child. She has a police interview today under caution and is not taking a solicitor as she is innocent and has nothing to hide.

A few facts is this: the child knew no other teachers name except my wifes.

the police are saying that the child said that she did it to herself, but is not conclusive, therefore they have to interview as the child is only 2 years old.

My question to you is, can we sue for defamation of character or false accusations as this is taking a toll on my wife which has now been suspended from school whilst the investigation goes on and has cast a shadow over her career.

Regards

Gerald van rensburg


Asked on 7/22/09, 9:17 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

You cannot sue the police for defamation of character as they are immune from such suits.

The school was taking an appropriate precaution, and cannot be sued for simply placing your wife on suspension.

If your wife is found to be innocent, and if the school does not reinstate your wife, she might be able to sue for lost wages. If the school makes statements to others that the reason your wife was terminated was because of the sexual assault charges, you could sue the school for defamation.

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Answered on 7/22/09, 11:26 am


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