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Factors To Consider in Assessing Adult Litigants' Complaints of Childhood Sexual Abuse

NCJ Number
150399
Journal
Behavioral Sciences and the Law Volume: 12 Issue: 3 Dated: (Summer 1994) Pages: 279-298
Author(s)
M L Rogers
Date Published
1994
Length
20 pages
Annotation
This article outlines five areas of inquiry which should be considered when evaluating the claims of adult litigants concerning childhood sexual abuse.
Abstract
Factors related to the alleged victim include the plaintiff's current psychological treatment, testing and symptomatic patterns, affect/mood and dissociative processes exhibited during the psychological evaluation, and any observable effects of traumatic memories. In terms of those memories, the court must consider whether all the memories of alleged sexual abuse were recalled recently significant changes in memory accounts, and the patient's ability to discriminate source and context of the situation which led to memory recovery. Issues which relate to the therapist include standard of care issues in the mental health treatment provided, possible therapeutic influences on the litigant's claim, and biases displayed by the therapist. The final two areas include external influences on the emergence of memories and evidentiary patterns which may corroborate or disclaim the plaintiff's memories of abuse. 3 notes and 124 references