Another Look at the Legal and Ethical Consequences of Pharmacological Memory Dampening: The Case of Sexual Assault

39 Pages Posted: 9 Feb 2014 Last revised: 24 Nov 2015

Jennifer A. Chandler

University of Ottawa - Common Law Section

Alexandra Mogyoros

University of Oxford - Faculty of Law

T. Martin Rubio

Independent

Eric Racine

Institut de recherches cliniques de Montréal

Date Written: January 1, 2014

Abstract

Research on the use of propranolol as a pharmacological memory dampening treatment for post-traumatic stress disorder is continuing and justifies another look at the legal and ethical issues raised in the past. We summarize the general ethical and legal issues raised in the literature so far, and we select two for in-depth reconsideration. We address the concern that a traumatized witness may be less effective in a prosecution emerging from the traumatic event after memory dampening treatment. We analyze this issue in relation to sexual assault, where the suggestion that corroborating evidence may remedy any memory defects is less likely to be helpful. We also consider the clinical ethical question about a physician’s obligation to discuss potential legal consequences of memory dampening treatment. We conclude that that this latter question reflects a general problem related to novel medical treatments where the broader socio-legal consequences may be poorly understood, and suggest that issues of this sort could usefully be addressed through the promulgation of practice guidelines.

Keywords: neuroethics; neuroscience and law; memory dampening; witness; post-traumatic stress disorder; sexual assault

Suggested Citation

Chandler, Jennifer A. and Mogyoros, Alexandra and Rubio, T. Martin and Racine, Eric, Another Look at the Legal and Ethical Consequences of Pharmacological Memory Dampening: The Case of Sexual Assault (January 1, 2014). Journal of Law, Medicine and Ethics, Vol. 41, No. 4, 2013; Ottawa Faculty of Law Working Paper No. 2014-02. Available at SSRN: https://ssrn.com/abstract=2392398

Jennifer A. Chandler (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 ext. 3286 (Phone)
613-562-5124 (Fax)

Alexandra Mogyoros

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

T. Martin Rubio

Independent

No Address Available

Eric Racine

Institut de recherches cliniques de Montréal ( email )

110 avenue des Pins Ouest
Montreal, Quebec H2W 1R7
Canada

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