"False memory syndrome" is said to refer to people who seemingly remember events that never actually occurred, False Memory Syndrome is caused by memories of a traumatic episode, most commonly childhood sexual abuse, which are objectively false, but in which the person strongly believes. These pseudo memories usually arise in the context of adult psychotherapy and are often quite vivid and emotionally charged. Although false memory syndrome is rare, and still science understands very little about it, research is ongoing which seems to suggest that although there is nothing to back the possibility of "false memory syndrome", it is at least possible that memories can be manipulated, and the methods used by experts can affect how a person recalls events.
Memory Can Be Manipulated: Historic Sexual Offences and False Memory
What Does the Recent Study Show?
The Times newspaper has reported that in a recent study carried out by Portsmouth University, 301 participants were asked to remember either a positive or negative memory of their mother, and a positive or negative memory of a teacher, or nothing at all.
The participants were then asked to rate how positive or negative their feelings were towards their mother and how happy they were in their childhoods.
Those who were asked to write a negative memory of their mothers felt that they were significantly less happy as children, compared with those recalling more positive times.
Lawrence Patihis, a psychological scientist and lead author of the paper, commented that “We found that writing out recent examples of participants’ mothers’ behaviour could lead them to reappraise their mother.
“It also seemed to change the participants’ current emotions towards their mother. And most surprisingly, it seemed to subtly affect the participants’ memories of emotions from childhood.”
He added: “In these experiments, we slightly nudged people’s appraisals of their mothers. But this may happen in a bigger way in the real world.
“Talking to a therapist for years in a way that reconstructs a client’s childhood, and then linking this to their problems, could cause more significant reappraisals of their parents.”
How Could This Affect Criminal Proceedings in Sexual Offence Cases?
As criminal lawyers specialising in sexual offences we are often asked by our clients about the phenomenon of "false memory syndrome", it is important to understand that there is no medical condition of false memory syndrome and scientific evidence on the subject is weak however, what we must consider is the manipulation of memory by others, and the impact this may have on any evidence that the prosecution seek to rely on; whether this be counsellors, psychotherapists, other talking therapy experts, the police, and friends/family who may be witnesses in a criminal case.
All evidence in criminal proceedings must be admissable, ensuring that it is fair, independent and without influence is crucial to a defendant's right to having a fair trial. If a witness, or expert witness has led a complainant, influenced or manipulated their evidence then the evidence is neither fair or reliable.
At Eventum Legal we have experienced evidence in cases whereby a therapist discussed their own sexual abuse trauma with the complainant in a case. Some weeks later the complainant visited the therapist again and made new disclosures, which were not apparent during her first sessions. The fact the complainant had told police that she only remembered this abuse because the therapist had been talking about his own experiences, undermined the records made by the expert and ultimatley the memory of abuse that the complainant had.
How Can We Help?
Allegations of sexual abuse are extremely sensitive and should be handled appropriately by all parties involved. Our lawyers apply a pragmatic yet robust defence to such allegations, tactfully approaching the evidence ensuring the best outcome for our client. Where third party evidence arises in the form of expert reports, counsellor reports or talking therapy records, we will give careful consideration to the content, making sure any areas of concern are identified which may lead to the evidence being in inadmissible.
New research calling for those who engage in such therapies to be warned about the possibility of memory manipulation is a crucial step forwards in science supporting the possibility of memories not being accurate, and memories being created or developed through engagement with others.
If you have been accused of a sexual offence, then it is possible that third party disclosure evidence will apply. To discuss your case and/or any concerns you have about the impact that others may have had on the evidence of the complainant, then our lawyers provide free initial advice, from your initial contact with us you can expect to be provided with supportive and realistic advice and idea of how we can move your case forwards to achieve the best possible outcome.
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