Arizona Court Rejects Privilege
to Report Abuse Suspicions to Neighbors
The Arizona Court of Appeals
has upheld a defamation award
for circulating child abuse suspicions
in the neighborhood, in
Schmitz v. Aston, 3 P.3d 1184
(2000).
When the Schmitzes decided
that Aston had molested their
daughter, they warned other parents
in the neighborhood about
him. Police and prosecutors,
though, declined to arrest or
charge him.
The Schmitzes argued they were
shielded from liability by a conditional
privilege to warn neighbors
of a possible sex offender. The
court held suspicious neighbors
have no such privilege.
Copyright © 2003 David S. Marshall
