Recovered Memories of Child Sexual Abuse and Liability: Society, Science, and the Law in a Comparative Setting

Abstract

This article considers the social and scientific dimensions of the phenomenon of recovered memories of childhood sexual abuse. The authors analyze how those dimensions have influenced the courts in dealing with claims arising from recovered memories. In particular, the article takes up the vexed issue of the liability of therapists who have allegedly induced false memories. As elsewhere, comparative legal analysis is used to attempt to describe and then prescribe how courts should define therapist liability. A resolution of the boundaries of liability turns upon the formulation of sound professional standards drawing upon policies embedded in the law and responsibilities of science and clinical practice.