NCJ Number
183187
Journal
Child Maltreatment Volume: 5 Issue: 2 Dated: May 2000 Pages: 176-189
Editor(s)
Mark Chaffin
Date Published
2000
Length
14 pages
Annotation
Recognizing court cases based on recovered memories raise serious ethical and legal issues, this article addresses the background of the recovered memory controversy from a legal perspective and discusses general legal issues in repressed memory cases in the context of child sexual abuse.
Abstract
The recent increase in claims of delayed memories of child sexual abuse has led to a corresponding increase in lawsuits based on these claims: lawsuits against therapists by patients who retract formerly held beliefs of delayed memories of child sexual abuse, lawsuits against therapists by third parties, and lawsuits against alleged abusers. Clearly, cases that have allowed an abused plaintiff to recover damages recognize the existence of the phenomenon of delayed memories. At the same time, cases have recognized that delayed memories may be false and a product of poor clinical practices. Legal determinations of the credibility of memories should be left to the judge or the jury, and courts should be careful to balance the interests of victims with their judicial functions. Based on court rulings in several cases, the authors offer suggestions on steps therapists can take to minimize their liability exposure when treating patients who report delayed memories of child sexual abuse. 59 references and 36 notes