A Case Concerning Children's False Memories of Abuse: Recommendations Regarding Expert Witness Work

Repressed Memories (of Sexual Abuse Against Minors) and Statutes of Limitations in Europe: Status Quo and Possible Alternatives

One of the most heated debates in psychological science concerns the concept of repressed memory. We discuss how the debate on repressed memories continues to surface in legal settings, sometimes even to suggest avenues of legal reform. In the past years, several European countries have extended or abolished the statute of limitations for the prosecution of sexual crimes. Such statutes force legal actions (e.g., prosecution of sexual abuse) to be applied within a certain period of time. One of the reasons for the changes in statutes of limitations concerns the idea of repressed memory. We argue that from a psychological standpoint, these law reforms can be detrimental, particularly when they are done to endorse unfounded psychological theories. The validity of testimonies is compromised many years after the alleged facts, and abolishing the statute of limitations increases the chance that even more (false) recovered memories of abuse might enter the courtroom. We propose solutions to these changes such as establishing an independent expert committee evaluating claims of sexual abuse.

Recovered memories of trauma as a special (or not so special) form of involuntary autobiographical memories

Recovered memories of trauma are memories of traumatic events experienced generally during childhood, but of which the persons were unaware until they retrieved it. Legal decisions are sometimes based on such recovered memories, the validity of which is often questioned. Yet, people can recover genuine traumatic memories of childhood abuse. In this paper, we present and further discuss the idea that recovered traumatic memories can be interpreted in the context of the autobiographical memory framework. Specifically, we argue that recovered memories may be accessed after exposure to incidental cues that initiate unexpected spontaneous memory retrieval. Thus, we relate the recovered memory phenomenon to involuntary autobiographical memories and argue that it is an example of highly stressful, emotionally negative, and intense involuntary memories that were yet never recalled. This novel, evidence-based perspective leads us to reconsider the examination of the validity of eyewitness testimony as a continuum ranging from the least valid form (i.e., memories recovered in highly suggestive context facilitating its factitious reconstruction) to the most valid form (i.e., memories that were triggered by cues without any person's voluntary engagement), and this in relation with how internal (e.g., age and internal cue) or external (e.g., suggestion in therapy, suggestion during investigative interview, and contextual cue) factors may influence memory retrieval. Finally, we propose several recommendations for experts that may be useful in assessing the validity of a testimony based on recovered memories.

External and internal influences yield similar memory effects: the role of deception and suggestion

In legal cases, testimonies can become contaminated because of an amalgam of external and internal influences on memory. It is well-established that external influences (e.g., suggestive interviews) can hurt memory. However, less focus has been placed on the impact of internal influences (e.g., lying) on memory. In the current review, we show that the available evidence suggests that both external and internal influences exert similar effects on memory. That is, we review studies showing that suggesting non-occurrences and suggesting non-experiences can lead to omission errors and false memories, respectively. Likewise, these memory effects are also observed when focusing on internal influences. That is, false denials, feigning amnesia and fabrication have been shown to affect memory in terms of forgetting (i.e., omissions) and false memories (i.e., commissions). Also, we show that both external and internal influences can lead to changes in the belief that an event occurred. We argue that in legal cases, triers of fact should concentrate on whether both types of influences might have affected testimonial accuracy in witnesses, victims, and suspects.

The dilemma of trauma-focused therapy: effects of imagery rescripting on voluntary memory

Trauma-focused imagery-based interventions are suspected to alter or even distort declarative voluntary memory of a traumatic event, especially if they involve the active modification of imagery, e.g., as used in imagery rescripting (ImRs). However, systematic research is lacking so far. To investigate whether ImRs modifies voluntary memory of a standardized autobiographical aversive event (Trier Social Stress Test) (Session 1), healthy participants (N = 100) were randomly assigned to either an intervention condition receiving one session of ImRs or to a no-intervention control condition (NIC) (Session 2). Voluntary memory was examined using a free recall (Sessions 2 and 3) and a cued recall (Sessions 3 and 4). Although voluntary memory tended to deteriorate over time, contrary to expectations, this effect was not associated with ImRs. Remarkably, the number of correct details in free recall even improved in ImRs but not in NIC. This challenges the view that ImRs alters voluntary memory.

Predicting disclosure latency in substantiated cases of child sexual abuse

OBJECTIVE

Children who experience sexual abuse (CSA) often delay disclosure, thus impeding early interventions. This study explores predictors of disclosure latency in a sample of forensically substantiated cases.

METHODS

Court files were analyzed for a total of 124 cases of CSA. The ground truth of the alleged victims' statements had been substantiated by at least one inclusion criterion-an evaluation of the alleged victims' statement as credible by psychological experts applying Statement Validity Assessment (SVA), or the conviction of the suspected offender by the court. Six possible predictors of disclosure latency were tested individually and in a joint negative binomial regression model.

RESULTS

Younger age of the child at abuse onset and intrafamilial (vs. extrafamilial) child-perpetrator relationships (including stepparents) were associated with prolonged disclosure latency. No predictive evidence was found for the child's gender, severity of abuse, or offender's usage of violent or nonphysical strategies to prevent disclosure.

CONCLUSION

This study contributes to understanding the processes of disclosure by reassessing formerly identified predictors of disclosure latency in a sample of forensically substantiated cases. Results are in line with suggestions to further develop effective prevention programs for younger children (e.g., for elementary school) and to explicitly discuss the issue of intrafamilial abuse.

A practical approach to sexual abuse allegations: Netherlands Expert Committee for Equivocal Sexual Abuse Allegations

Equivocal sexual abuse allegations are those in which the details of the alleged offence(s) are uncertain. The circumstances are ambiguous, there is limited evidence, and it is unclear how police investigations should proceed. This article discusses the challenges such allegations pose for police, prosecution, judges and mental health experts, and advocates for the use of multidisciplinary expert opinion during the investigation. The practical application of this approach by the Netherlands Expert Committee for Equivocal Sexual Abuse Allegations (LEBZ) is described, which has assessed over 900 cases since its inception in 1999. The LEBZ approach represents a significant innovation in police and criminal justice responses to equivocal allegations of sexual assault, which warrants consideration in other jurisdictions.

The effect of language proficiency and associative strength on false memory

In two experiments we examined the role of language proficiency and associative strength in the production of false memory. We constructed Deese-Roediger-McDermott lists using both Spanish and English free association norms. Lists were constructed to vary in backward associative strength (BAS). Experiment 1 participants were native Spanish speakers with some proficiency in English while Experiment 2 participants were native Spanish participants that had either high, intermediate, or low English proficiency. Results showed that, in both Experiment 1 and Experiment 2, false recognition was greater in participants' dominant language (L1 or Spanish) than in their non-dominant language (L2 or English), and false recognition in L2 increased with L2 proficiency when low-BAS lists were studied (Experiment 2). Further, false recognition was higher in high-BAS lists than in low-BAS lists in both L1 and L2. Finally, we collected a measure of participants' knowledge of our stimulus words in L2. These data showed that participants had far from perfect knowledge of all L2 stimuli. Analyses that factored out the effects of L2 word knowledge failed to alter the effects of L1 vs. L2, L2 proficiency and BAS on false recognition.

Beliefs About Children's Memory and Child Investigative Interviewing Practices: A Survey in Dutch Child Protection Professionals from 'Safe Home'

Knowledge of children’s memory and forensic interviewing skills are crucial in child abuse investigations. Safe Home is the Dutch hotline where both professionals and citizens can report concerns about child abuse or domestic violence. Professionals at Safe Home often serve as first responders to determine the need for a child abuse investigation, protective measures and/or further police investigation. In this study, child protection professionals (N = 158) employed at Safe Home (i.e., behavioral scientists, medical doctors, and social workers) completed an online survey on beliefs about memory functioning and forensic interviewing. In line with earlier studies, we expected to find a lack of knowledge about memory functioning among Safe Home workers. Furthermore, we expected limited use of forensic interviewing methods that have received empirical support. Indeed, we found many professionals endorsed beliefs not in line with current memory research, especially beliefs about repressed and recovered memories. Still, high percentages of professionals also reported memory beliefs related to false memory formation and suggestion that were in line with scientific evidence. Some professionals reported using interviewing methods for which there is no empirical validation. Because child protection professionals are often the first to interview children about allegations of abuse, the current findings identify a need for training in child forensic interviewing, including knowledge of human memory.

The Griffiths Question Map: A Forensic Tool For Expert Witnesses' Assessments of Witnesses and Victims' Statements

Expert witnesses are sometimes asked to assess the reliability of young witnesses and victims' statements because of their high susceptibility to memory biases. This technical note aims to highlight the relevance of the Griffiths Question Map (GQM) as a professional forensic tool to improve expert witnesses' assessments of young witnesses and victims' testimonies. To do so, this innovative question type assessment grid was used to proceed to an in-depth analysis of the interview of an alleged 13-year-old victim of a sexual assault and two rapes. Overall, the GQM stressed how the interview was mainly conducted in an inappropriate manner. The results are examined with regard to scientific knowledge on young witnesses and victims' memory. Finally, it is argued that expert witnesses in inquisitorial systems might use the GQM while encountering difficulties to fulfill the legal standards for expert evidence in adversarial systems because of the lack of studies regarding its reliability.

What Drives False Memories in Psychopathology? A Case for Associative Activation

In clinical and court settings, it is imperative to know whether posttraumatic stress disorder (PTSD) and depression may make people susceptible to false memories. We conducted a review of the literature on false memory effects in participants with PTSD, a history of trauma, or depression. When emotional associative material was presented to these groups, their levels of false memory were raised relative to those in relevant comparison groups. This difference did not consistently emerge when neutral or nonassociative material was presented. Our conclusion is supported by a quantitative comparison of effect sizes between studies using emotional associative or neutral, nonassociative material. Our review suggests that individuals with PTSD, a history of trauma, or depression are at risk for producing false memories when they are exposed to information that is related to their knowledge base.