NCJ Number
146307
Journal
Journal of Criminal Law and Criminology Volume: 84 Issue: 1 Dated: (Spring 1993) Pages: 129-174
Date Published
1993
Length
46 pages
Annotation
While many child sexual abuse victims remember the abusive incidents throughout their life, some victims apparently repress or subconsciously force the memories from their minds; the role of statutes of limitation in memory repression cases is discussed.
Abstract
Child sexual abuse victims need the protection of society in general and the legal system in particular. When claims are based on memories recovered decades after alleged sexual abuse, however, the legal system must respond appropriately. Child victims who have suffered memory repression have the right to bring suits against their abusers, regardless of limits placed on their actions by traditional statutes of limitation. At the same time, these suits should not go forward without full recognition of defendant rights. Defendants have the right to an impartial jury and one that is informed about difficult authenticity issues surrounding previously repressed memories. Repressed memory cases should be relatively rare until the whole subject of memory repression is better understood. In addition, more attention should be focused on helping children and adults identify abuse so that offenders can be prosecuted expeditiously. The authors examine the theory of repression as applied to child sexual abuse and legal issues associated with memory repression. 207 footnotes