Court cases based on recovered memories raise serious ethical and legal issues. This article will address the background of the recovered memory controversy from a legal perspective, and discuss general legal issues in repressed memory cases. Based on rulings in many of these cases, the article concludes with suggestions on steps that therapists can take to minimize their liability exposure when treating patients who report delayed memories of childhood sexual abuse.
Get full access to this article
View all access options for this article.
References
1.
Althaus v. Cohen, 92-20893 (Allegheny Cty. Ct. Pa. 1998). (See National Law Journal, January 9, 1995, p. A6)
2.
American Professional Society on the Abuse of Children
. (1996). Statement of therapist roles and responsibilities. Available from APSAC, 497 South Dearborn, Chicago, IL 60605.
3.
American Psychiatric Association
. (1994). Diagnostic and statistical manual of mental disorders (4th ed.). Washington, DC: Author.
4.
Ault v. Jasko, 70 Ohio St. 3d 114, 637 N.E. 2d 870 (Ohio Sup. Ct. 1994).
5.
Bass, A.
(1990, July 9). Researching head trauma and amnesia: Brain injury usually is the cause but often the victim represses the painful memories. Boston Globe, p. 27.
6.
Bird v. W.C.W., 868 S.W.2d 767 (Tx. 1994).
7.
Bowman, C. G.
& Mertz, E. (1996). A dangerous direction: Legal intervention in sexual abuse survivor therapy. Harvard Law Review, 109, 549.
8.
Briere, J.
, & Conte, J. (1993). Self-reported amnesia for abuse in adults molested as children. Journal of Traumatic Stress, 6, 21.
Van Housen v. Ipsen, WL 682159 (T.S. Cal. Jury) (San Mateo Cty. Super. Ct. Cal. 1992).
57.
Whitfield, C. L.
(1995). Memory and abuse, remembering and healing the effects of trauma. Health Communications.
58.
Williams, L. M.
(1994). Recall of childhood trauma: A prospective study of women's memories of child sexual abuse. Journal of Consulting and Clinical Psychology, 62, 1167.