united-states criminal-law canada prosecution
What charges can be filed against someone who destroys evidence out of suspected negligence?
<h2>Background context</h2>
<p>In instances of assault and sexual abuse at nightclubs, CCTV footage is a crucial source of information since most people present are likely to be intoxicated.</p>
<p>Please consider the following hypothetical scenario, the owners of a nightclub neglect to save or export evidence from CCTV footage because they don't care or are dishonest (for example, they don't want the police involved at their venue, which could result in lengthy investigations and financial losses).</p>
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<p><em>&quot;Sorry, but it appears I have accidentally lost all footage of the assault due to IT issues.&quot;</em></p>
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<h2>Question about this</h2>
<p>If such a scenario were to occur, what charges could be brought against individuals who engage in this type of behavior? Are there any realistic actions that victims can take in response to this?</p>

<p>You post contains 3 questions.</p>
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<p>What charges can be filed against someone who destroys evidence out of suspected negligence?</p>
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<p>Your question says “suspected”, meaning it’s possible no crime was committed, and if one was committed, the authorities have no evidence of it.  They can do nothing.</p>
<p>Your second question describes a scenario where someone did so, but doesn’t address whether there is or is not evidence of them having done so.</p>
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<p>what charges could be brought against individuals who engage in this type of behavior?</p>
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<p>Realistically, the answer to this question is also probably nothing, but theoretically there <strong>could</strong> be evidence of their activity and knowledge.  Maybe the destruction is caught on an internal CCTV where they first declaim their motivation and knowledge before destroying the evidence.  They could in that case be charged with the local equivalent to destruction of evidence <a href="https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-221.1.pdf" rel="nofollow noreferrer">(for example nc 14-221.1)</a> and probably obstruction of justice with a possible prison term of up to 10 months.</p>
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<p>Are there any realistic actions that victims can take in response to this?</p>
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<p>Nearly the same answer as above, except that instead of being charged, the offender could be sued (by various people), the most likely basis would be Negligent Infliction of Emotional Distress.  It might be a bit of a stretch, but given evidence that they intentionally committed a crime (destruction of evidence that would have likely lead to a convict of the assault), not too much. It’s of course a bit easier because the plaintiff wouldn’t need to prove that they committed the act, just that it was more likely than not that they did.</p>
<p>In the comments you say “doesn’t cooperate with the police”, and nobody is going to be able to do anything about that (legally) as long as no crimes are committed as part of that non-cooperation.</p>
