I can't belive this happend ......

[Carraig]

What is the name of your state (only U.S. law)? State of New Jersey.
I am a senior citizen (male) who was always taught that a bargain is a bargain, so never refuse to save money if you can and never pay full price if you don't have to. My parents went through the great depression and had just the basics to stay alive, so this is where this lesson came from. About three years ago, I received a coupon in the mail from a lingerie clothing store. It was for a free panty. So, I stopped at the store a picked out a pair and said that I would save it and give it as a gift to someone if possible. Well, they kept sending me more and more coupons 75% off, Free, Free, Free, 65% off etc. Each time I got a coupon I went and picked up more clothing ( Winter pajamas, robes, panties). Recently, I realized that I had about $500 worth of lingerie, new, unused in their original boxes. I decided to condense them into just one box and thought that it would be a shame to throw them out and it would be better if I can give them away to someone who might want them. So, I went to my local cafe where they know me, and explained the situation to one of the ladies behind the counter saying "I don't want them so if you or the other ladies want them, that would be fine. If not, you can just throw them out." She smiled and said "thank you very much". I left the cafe and returned home only to find out that the cafe manager (male) heard about the gift from one of the ladies and he called the police on suspicion of pedophilia". Turns out that one of the ladies was just 18 years old and so the police were called. I received a call from the police and they asked me to come down to headquarters so they could take an official statement. I went and explained the situation like I just did here. The officer said I could have been charged with a sex crime if it turned out that one of the ladies was under 18. He also said I could be charged with stalking if the manager wanted to press the issue. I returned home and have been paranoid ever since, not to mention that I won't return to my favorite cafe' again. Do I have any recourse against the manager?

 

[quincy]

What is the name of your state (only U.S. law)? State of New Jersey.
I am a senior citizen (male) who was always taught that a bargain is a bargain, so never refuse to save money if you can and never pay full price if you don't have to. My parents went through the great depression and had just the basics to stay alive, so this is where this lesson came from. About three years ago, I received a coupon in the mail from a lingerie clothing store. It was for a free panty. So, I stopped at the store a picked out a pair and said that I would save it and give it as a gift to someone if possible. Well, they kept sending me more and more coupons 75% off, Free, Free, Free, 65% off etc. Each time I got a coupon I went and picked up more clothing ( Winter pajamas, robes, panties). Recently, I realized that I had about $500 worth of lingerie, new, unused in their original boxes. I decided to condense them into just one box and thought that it would be a shame to throw them out and it would be better if I can give them away to someone who might want them. So, I went to my local cafe where they know me, and explained the situation to one of the ladies behind the counter saying "I don't want them so if you or the other ladies want them, that would be fine. If not, you can just throw them out." She smiled and said "thank you very much". I left the cafe and returned home only to find out that the cafe manager (male) heard about the gift from one of the ladies and he called the police on suspicion of pedophilia". Turns out that one of the ladies was just 18 years old and so the police were called. I received a call from the police and they asked me to come down to headquarters so they could take an official statement. I went and explained the situation like I just did here. The officer said I could have been charged with a sex crime if it turned out that one of the ladies was under 18. He also said I could be charged with stalking if the manager wanted to press the issue. I returned home and have been paranoid ever since, not to mention that I won't return to my favorite cafe' again. Do I have any recourse against the manager?

The manager certainly seems to have over-reacted to your gift. A gift of lingerie on its own has nothing to do with pedophilia, regardless of the age of the recipient.

Stating that someone is a pedophile when they are not is, under most circumstances and depending on the context, defamatory per se (or defamatory on its face).

BUT, a report to the police, for whatever reason, cannot easily support a claim of defamation. Defamation is the unprivileged publication of false statements to a third party. Police reports are, for one thing, privileged (immune from suit), and they are considered neither true nor false until an investigation determines their truth or falsity. The reports are privileged for the simple reason that people would be reluctant to report crimes or suspicions of crimes if they thought they could be sued for defamation if their suspicions were incorrect. Only with a showing that a report was made to the police with actual malice (knowledge of falsity and an intent to cause harm) can the report lead to legal action.

It sounds to me as if your intentions were honorable and the manager was being overly protective of his employees and the police officer gave you a worst case scenario when advising you of charges that could result from your gift. A misunderstanding by the manager, combined with a police officer who does not seem to me to be especially smart, has made a mess of your nice gesture.

I doubt if any charges could be supported (based on what you have said here, at least), but I also doubt that you have enough to support a defamation suit against the manager for reporting the gift.

However, if you feel that the manager has harmed your reputation with his comments (not the ones he made to the police but ones he might have made to the staff at the café) then you can consult with an attorney in your area for a review of the facts. Although I would be surprised if the manager of the café wants a prosecutor to pursue this, if charges of some sort are to come from this, you will want the advice of an attorney in your area.

It is too bad you have had to start off 2015 with this. Good luck.

 

[TigerD]

If I may add, stop talking to the police.
They are not there to help you.

TD