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How Do Judges Discuss Memory Failures in Childhood Sexual Abuse Cases? A Brief Report

Shelbie F Anderson1, Unnati Patel1, Madison B Harvey1

  • 1Department of Psychology, Simon Fraser University, Burnaby, Canada.

Journal of Child Sexual Abuse
|April 21, 2021
PubMed

Keywords:
Childrenchild sexual abusedelaylong-term memorymemory failuresverdict

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Eyewitness Memory

Eyewitness memory refers to the recollection of events by someone who has directly witnessed them, often serving as critical evidence in legal settings. This type of memory is commonly used in criminal cases where a witness describes details like a suspect's appearance, clothing, or behavior during a crime. However, despite its perceived reliability, eyewitness memory is prone to significant errors.
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False memories represent a cognitive distortion in which individuals recall events that did not happen, or remember them in an altered form. This phenomenon highlights the brain's constructive nature in processing and recalling memories, emphasizing that memory is not a perfect representation of past events but rather a dynamic reconstruction influenced by various factors.
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Traumatic Memory

Emotionally traumatic events often lead to memories that are exceptionally vivid and enduring, sometimes persisting with remarkable clarity throughout an individual's life. A classic example of this phenomenon is a person who survives a car accident. Even years later, they may recall every detail of the event with startling accuracy — the screeching of the tires, the jarring impact, and the acrid smell of burning rubber. Such vividness contrasts sharply with how an individual...
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Repressed memories are a psychological phenomenon where memories of traumatic events are unconsciously blocked from a person's awareness. This process occurs as a defense mechanism, protecting the mind from the emotional impact of distressing or painful experiences. For example, a person who has experienced childhood trauma may grow up with no conscious recollection of the event. In such cases, the memories are thought to be buried deep within the subconscious, inaccessible to the conscious...
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A flashbulb memory is a highly vivid and detailed memory, often linked to events of significant emotional impact. These memories stand out in contrast to everyday memories due to their clarity and the precision with which they are recalled. The strong emotions associated with the event act as a catalyst, ensuring that specific details, such as one's location, actions, and even peripheral elements, are etched into memory with remarkable accuracy. For example, many people can vividly recall...
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