Expert: Philip Sweeting - 1/2/2005

Question
A woman reports her sister missing - has not been seen for several days.  Police visit and question the husband, who seems to have no interest in where she might be and whether or not she is okay.  Obviously a bad marriage.  Husband seems to be willing to answer questions and furnish any info requested, but won't make any further effort to find the missing woman.
How will the police proceed?  Is there any law requiring that missing persons be reported?  What is the husband's liability, if any?  

Answer
There is no law that requires a person be reported missing nor does the husband have to talk to the police. The police will investigate under the assumption there was foul play but unless they can find evidence the husband had something to do with her disappearance, nothing can be done to him. Let's assume the husband killed her and disposed of the body. If he makes no incriminating statements and her body is not found, there is nothing the police can do. The husband is not obligated to help the police find her.

In the Scott Peterson case he was charged on circumstantial evidence which means due to certain circumstances it was very likely he killed her. Since her body was found where he claimed to be fishing it was more than likely based on those circumstances he disposed of her body. If they had not found her body it is very unlikely he would have been arrested.

Hope this helps