![]() Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. If you have already reported your abuse, a lawyer can assist you understanding your rights as a victim and what to expect as you go through the justice system. Child sex abuse is traumatic and going through a court case can feel like re-victimization.Ĭonsulting with a criminal lawyer before reporting and filing a claim can help you understand the likelihood of success for your claim and the best strategy for handling the case. How Can a Lawyer Help Me Regarding My Repressed Memories?Ī lawyer familiar with criminal law and personal injury liability can help to determine whether your case has any merit both in a criminal prosecution and in a civil lawsuit. These rules allow the clock for the statute of limitations to begin when the victim discovers they were abused which can include the moment they recover the repressed memory of abuse. However, some states use delayed discovery rules to allow victims to proceed with their claim. If the victim does not report the crime or file a lawsuit within the time frame, their claim is not actionable. Child sex abuse as a crime and as a civil tort, typically have a statute of limitations around 3-5 years depending on the state. In other states, the delayed discovery rules can overcome the statute of limitations. In many states, yes, a child sex abuse case can be barred by a statute of limitations. And without corroboration, it becomes difficult to determine whether such a memory is even real.ĭo Statutes of Limitation Apply to Repressed Memory Cases? Because these cases are usually decades old, there may not be any corroborating evidence to support the victim’s case. In criminal prosecutions and in civil lawsuits, the exclusive use of a repressed memory is not likely enough evidence to prove the abuse occurred. In many states, a victim should be able to testify about this newly recovered account of abuse but the accused certainly will have the ability to expose how this memory came to exist including whether there was a suggestive therapist who implanted the memory or some other motive to why the memory was recently recovered. In most cases involving a repressed memory of abuse, the victim believes the memory to be real and accurate. But courts still must allow witnesses to testify and be subjected to cross examination where both sides have an opportunity to show how the witness’s account of events are either fact or works of creation. Can a Victim’s Repressed Memory be Admitted as Evidence in Court?Įye-witness testimony in general has a long history of being inaccurate and unreliable. There have been varying studies showing different conclusions about the existence of repressed memories and this lack of continuity has caused courts to differ wildly on whether to permit victims to testify about their newly recovered memories of abuse.Ĭurrently, the American Psychological Association acknowledges that there is no way to distinguish a repressed memory from a false one without corroborating evidence. On the other hand, there have also been cases where a repressed memory was later discovered to be false and caused an innocent person to be accused and convicted of a heinous crime. There have been cases where a victim recovers a memory that is later corroborated by a confession of the abuser and other evidence. ![]() Why are Repressed Memories Controversial?īeginning in the 1980s and gaining public attention in the 1990s, repressed memory therapy has offered a gateway for victims seeking justice as well as the creation of false accusations.
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