Hypnotic Memories and Civil Sexual Abuse Trials

Kanovitz, Jacqueline

Journal: Vanderbilt Law Review

Volume: 45

First Page: 1185

Year: 1992

Bluebook Citation: 45 VAND. L. REV. 1185 (1992)

Author: Jacqueline R. Kanovitz: all 3 publications


Abstract

In the next few paragraphs, the reader will eavesdrop on a psycho- therapy session. During this session, the therapist uses hypnosis, a common technique in clinical practice today. In the past, the legal system has paid little attention to the memory retrieval techniques used in psychotherapy because statutes of limitations have prevented patients from using memories of childhood wrongs uncovered in adult psycho-therapies to bring suit. However, recent changes will force the legal system to examine whether the memory restoring techniques used in psychotherapy can produce memory that is trustworthy enough for the legal system to accept.

What follows is a tragically common case history, a successful treatment, and a policy-loaded legal issue.

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