A Skeptical View of Repressed Memory Evidence By Shari R. Berkowitz and Elizabeth F. Loftus I Shari R. Berkowitz Elizabeth F. Loftus n May 2005, Wade Robson, a 22-year old esteemed choreographer, testified as a defense witness at Michael Jackson’s infamous molestation trial. While under oath, Robson testified that he had slept in Jackson’s bed as a young boy, but adamantly explained that he was never sexually abused by Jackson. 1 Jackson’s defense attorney, Tom Mesereau, considered Robson to be one of his strongest defense witnesses (The Associated Press, 2013 [full reference of cited sources at conclusion of article]). Ultimately, Jackson was California Litigation Vol. 26 • No 2 • 2013 acquitted of all charges. In 2009, Jackson passed away, and two months after his death, Robson was quoted as describing Jackson as a “kind human being” (CNN, 2013). Yet, on May 1, 2013, Robson sought permission from the Los Angeles probate court to file a claim against Michael Jackson’s ‘ …decades of scientific research have shown that people can develop false (New York Daily News, 2013). Although the facts of Robson’s claim will surely attract a great deal of media attention, this will not be the first time that a California court has been asked to consider a repressed memory claim. In one of the most famous cases, more than two decades ago in 1990, Eileen Franklin-Lipsker testified in the San Mateo County Courthouse that she had witnessed her father, George Franklin, murder her best friend, Susan Nason in 1969. Eileen explained that she had repressed her childhood memories of Susan’s murder for 20 years. With nothing more than Eileen’s recovered (de-repressed) memories, Franklin was found guilty of murder. Around this same time, in another famous case, Holly Ramona, accused her father, Gary Ramona, of years of brutal child sexual abuse. Like Eileen, Holly, claimed that she had repressed her traumatic childhood memories. memories of events that have — A Dearth of — Credible Scientific Evidence never actually happened to Over the last three decades, California courts (as well as courts in other states and throughout the world) have been forced to consider claims of repressed memories. Yet despite the popularity of these claims, it might surprise readers to learn that there is virtually no credible scientific support for the notion of repression. In other words, there is no evidence to suggest that highly traumatic childhood memories can be unwittingly banished from the conscious mind and stored in the unconscious mind in pristine condition for many years, only to be recalled later. Harvard Psychology Professor, Richard McNally, made this same point succinctly when he wrote: “The notion that the mind protects itself by repressing or dissociating memories of trauma, rendering them inaccessible to awareness, is a piece of psychiatric folklore devoid of convincing empirical support” (McNally, 2003, p. 275). Yet the debate over the existence of repressed memories remains one of the most controversial topics in the field of psychology ’ them before… estate. Robson now claims that Jackson sexually abused him over a seven-year period, starting when he was seven years old. Why would Robson, who previously testified under oath that he had never been molested, suddenly claim years of abuse at the hands of Jackson? Robson’s lawyer, Henry Gradstein, explained that Robson had recently suffered an emotional breakdown (The Associated Press). Media sources reported that Robson subsequently received weeks of psychotherapy (TMZ, 2013), and according to Gradstein, Robson recovered his repressed memories of child sexual abuse 2 (Lindsay & Read, 2001). Commonly referred to as the “memory wars,” psychologists have long debated the nature of traumatic memory. Even today, it is not unusual for scientific conferences and scientific journal articles to focus on the recovered memory debate, as the phenomenon of repressed memory is still highly controversial. For instance, in 2010, respected University of Nebraska-Lincoln Professor Robert Belli organized a symposium on the recovered memory debate. As Belli (2012) stated in his subsequent article, ‘ Specifically, we believe that it may be premature for repressed memory evidence to be accepted ’ in the courts… “In seeking the latest thinking and evidence pertaining to the recovered memory debate, the aim of the symposium was to provide a forum for contrasting views that would provide a comprehensive picture of the differing perspectives that characterize the current state of affairs” (p. 9). 3 — Contrasting Theories — As for these contrasting views, McNally (2003) explains that on one side, psychological scientists and some clinicians reject the notion that memories can be repressed and highlight that history reveals that incredibly traumatic memories (e.g., Holocaust survivors’ memories of the concentration camps) are not forgotten. On the other side, some psychiatrists and some clinicians insist that traumatic memories are immune from the traditional malleable nature of human memory, and that highly traumatic childhood memories can be repressed in the unconscious mind for many years. In support of this pro-repression view, some advocates rely on clinical experience, anecdotal case histories, and also flawed research studies (for more on the limitations of these case histories, see Loftus & Guyer, 2002). For example, repressed-memory enthusiasts often cite to a study by L.M. Williams (1994) as the single best example that massive repression of child sexual abuse is a common phenomenon. In the early 1970s, Williams collected the hospital records of 206 female children who reported that they had been sexually abused. Approximately 17 years later, Williams located and contacted these same female children (who were now adult women), and interviewed 129 of them about their prior experiences in the hospital, their psychological health, and their prior histories of child sexual abuse. Williams found that 38% of the adult women did not disclose the original child sexual abuse incident that led to their hospital visit. This result prompted Williams (1994) to conclude that “…having no recall of child sexual abuse is a common occurrence for adult women with documented histories of such abuse” (p. 1174). Williams’ conclusion, however, should be interpreted with great caution. In particular, as Loftus, Garry, and Feldman (1994) explain, it is not surprising that some of the women failed to disclose the original child sexual abuse incident that led to their hospital visit in the first place. Failure to disclose abuse is not synonymous with repression. For example, it is possible that some of the women in Williams’ study were too embarrassed or ashamed to disclose their abuse. Likewise, consider that some of the women in Williams’ study were simply too young when the abuse originally happened to have memories of it in the first place (for more on childhood amnesia, see Hayne, 2004). Additionally, given that forgetting is a normal process of human memory, it is possible that some of the women may have naturally forgotten about the abuse. Moreover, the majority of women who did not disclose the original child sexual abuse incident told of other child sexual abuse events. Furthermore, a more recent study by Goodman et al. (2003) of memory for child sexual abuse revealed that only 8% of adults failed to disclose their original child sexual abuse histories. For these reasons and more, we cannot conclude from Williams’ study that repression is the driving force behind why 38% of women failed to disclose of their child sexual abuse histories. Why People Might — Sometimes Think — They Repressed Memories Therefore, the question undoubtedly arises: If there is no credible scientific support for repression, why do people sometimes believe that they have recovered previously repressed memories of child sexual abuse? McNally and Geraerts (2009) posit that there are other non-repression explanations that may explain why an adult may later claim to have recovered a memory of child sexual abuse. Specifically, it is possible that a child was too young at the time of the abuse to have interpreted the event as traumatic child sexual abuse (Clancy, 2009). Thus, the new traumatic interpretation of the event as abuse may lead an adult to now state that she is the victim of child sexual abuse, but this “new memory” is not explained by repression. Also, it is possible that an adult may claim that she repressed her memories of child sexual abuse, but she may have forgotten that she had actually remembered the abuse in the past (see Schooler, Ambadar, & Bendiksen, 1997 for more on the forgot-it-allalong effect). Likewise, it is possible that a person may intentionally try not to think about the child sexual abuse (McNally & Geraerts). If this is the case, it is important to remember that deliberate avoidance is not the same as unconscious repression. While these explanations may help us understand some recovered memory cases, where did Wade Robson’s memories of child sexual abuse, Eileen Franklin-Lipsker’s memories of murder, and Holly Ramona’s memories of brutal child sexual abuse come from? These cases, as well as many others, illustrate that recovered memories of child sexual abuse may sometimes be a product of suggestion (Loftus & Ketcham, 1994). Whether the suggestion(s) comes from a therapist or another source (e.g., media), real-life cases and research studies demonstrate that many suggestive techniques can lead people to create false memories. In fact, decades of scientific research have shown that people can develop false memories of events that have never actually happened to them before (for a review, see Loftus, 2003). Specifically, researchers have led a substantial minority of subjects to falsely believe and/or remember that as children they had: nearly drowned as a child and had to be rescued by a lifeguard (Heaps & Nash, 2001), witnessed their parents having a physically violent fight (Laney & Loftus, 2008), had their ear inappropriately licked by the Pluto character at Disneyland (Berkowitz, Laney, Morris, Garry, & Loftus, 2008), and witnessed their friend’s demonic possession (Mazzoni, Loftus, & Kirsch, 2001). It is worth emphasizing that the tech- 4 niques that have led people in psychology experiments to develop false memories of these mildly traumatic and bizarre events are similar to the techniques that are often used by recovered memory therapists. Some of these suggestive techniques include: interpreting a person’s dreams to indicate that they have been abused, placing a person into group therapy where they are exposed to others’ stories of child sexual abuse, utilizing hypnosis or sodium amytal treatment, reliving a person’s past through guided imagery, and giving a person false feedback that their symptoms suggest they were likely sexually abused. Moreover, the use of these techniques may lead a person to develop false memories of child sexual abuse. One only needs to look a little further into Eileen Franklin-Lipsker’s case or Holly Ramona’s case to see that their recovered memories of murder and sexual abuse were likely a product of these suggestive therapeutic methods (Johnston, 1997). Ultimately, the accused in these cases eventually regained their liberty and reputation — George Franklin was released from prison in 1996 after it was learned that Eileen’s recovered memories were a product of hypnosis and Gary Ramona successfully sued Holly’s therapists for planting false memories in the mind of his daughter. Nonetheless, the toll these cases can have is far too great for us to ignore. — How Courts — Should Approach It While the number of repressed memory cases in the legal system may be declining since the heyday of the “memory wars,” Wade Robson’s case reminds us that repressed memory allegations are not yet a thing of the past. Therefore, it is important that lawyers and judges be familiar with the repressed memory controversy. Specifically, we believe that it may be premature for repressed memory evidence to be accepted in the courts, and we believe that people should not be forced to defend accusations based on such a scientifically unsup- 5 ported claim. Furthermore, under the Frye standard, the huge controversy over this topic is proof enough that the claim that highly traumatic childhood memories can be repressed has not gained general acceptance in the scientific community. If a court does decide to admit such evidence into trial, we would encourage judges to consider cautionary jury instructions that explain to jurors that there is no credible scientific support for repression and that there are many suggestive techniques that can lead people to create false memories. Alternative explanations for a claimant’s repressed memory allegations should also be actively contemplated. Furthermore, since individuals who have been involved in psychotherapy frequently make these accusations, access to therapy records is often crucial for revealing the kinds of suggestion that repressed memory claimants have been exposed to. In our experience, an examination of therapy notes and records, and deposition testimony from therapists, has revealed examples of suggestion that may have led to mistaken recollections and false accusations. Such information is frequently accessible in civil cases, but not in criminal ones, and yet the information is just as crucial in both (see Loftus, Paddock, & Guernsey, 2006 for more discussion of this issue). In the end, while it remains to be seen what the court will decide with Wade Robson’s claim, what we do know is that there is no credible scientific support for the notion of repression, and thus it might be time for repressed memory claims to, as Michael Jackson himself once sang, “just beat it.” — References — Belli, R. F. (Ed.). 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F., & Guyer, M. J. (2002) Who abused Jane Doe? The hazards of the single case study: Part 1. Skeptical Inquirer, 26, 24-32. Loftus, E. F., Paddock, J. R., & Guernsey, T. F. (1996). Patient-psychotherapist privilege: Access to clinical records in the tangled web of repressed memory litigation. University of Richmond Law Review, 30, 109-154. Mazzoni, G. A. L., Loftus, E. F., & Kirsch, I. (2001). Changing beliefs about implausible autobiographical events: A little plausibility goes a long way. Journal of Experimental Psychology: Applied, 7, 51-59. McNally, R. J. (2003). Remembering trauma. Cambridge, MA: The Belknap Press of Harvard University Press. McNally, R. J., & Geraerts, E. (2009). A new solution to the recovered memory debate. Perspectives on Psychological Science, 4, 126-134. New York Daily News. (2013). Choreographer Wade Robson’s breakdown from ‘stress and sexual trauma’ triggered memories of Michael Jackson molestation, says lawyer. Retrieved May 16, 2013, www.nydailynews.com. Schooler, J. W., Ambadar, Z., & Bendiksen, M. (1997). A cognitive corroborative case study approach for investigating discovered memories of sexual abuse. In J. D. Read and D. S. Lindsay (Eds.), Recollections of trauma: Scientific evidence and clinical practice (pp. 379-387). New York and London: Plenum Press. The Associated Press. (2013). Former Jackson defender now says singer abused him. Retrieved May 16, 2013, from www.bigstory. ap.org. TMZ. (2013). Wade Robson — Nervous breakdown triggered Michael Jackson molestation memories. Retrieved May 16, 2013, from www.tmz.com. 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, 1167-1176. Shari R. Berkowitz is an Assistant Professor of Forensic Psychology at Roosevelt University in Chicago, Illinois. Elizabeth F. Loftus is a Distinguished Professor at the University of California, Irvine, and holds positions in the Departments of Psychology and Social Behavior, Criminology, Law & Society, Cognitive Sciences, as well as the Law School. Both Dr. Berkowitz and Dr. Loftus have trained attorneys and judges on the malleability of human memory, and have consulted on and testified in cases involving memory distortion and suggestibility. 6