Legal Definitions - RMS

Repressed-Memory Syndrome (RMS) refers to a psychological concept where memories of traumatic events, particularly those from childhood, are believed to be unconsciously blocked from conscious recall by the mind as a coping mechanism. According to this concept, these memories are not forgotten but rather "repressed" and may later resurface, sometimes spontaneously or through therapeutic intervention.

In legal contexts, the concept of Repressed-Memory Syndrome often arises in cases involving allegations of historical abuse, where a plaintiff or witness claims to have recovered memories of abuse many years after the alleged events occurred. The legal system grapples with the scientific validity and evidentiary reliability of such recovered memories, as their sudden emergence can pose challenges regarding statutes of limitations, corroboration, and the potential for memory contamination or suggestion.

• Example 1: Civil Lawsuit for Historical Abuse

  A 50-year-old individual files a civil lawsuit against a former boarding school, alleging severe emotional and physical abuse that occurred during their childhood. The plaintiff states that they had no conscious recollection of these traumatic events for decades, but the memories began to surface vividly during a period of intense therapy for anxiety in their late 40s. The legal team for the boarding school challenges the reliability of these "recovered memories," arguing that they are too remote in time and potentially influenced by therapeutic suggestion, bringing the concept of Repressed-Memory Syndrome directly into the courtroom debate.

• Example 2: Criminal Prosecution and Statute of Limitations

  A woman reports to the police that she has recently recovered memories of being sexually assaulted by a neighbor when she was a teenager, an event that occurred 30 years prior. She explains that she had no conscious memory of the assault until a specific news report about a similar crime triggered a sudden and overwhelming flood of detailed recollections. The prosecutor must consider how the concept of Repressed-Memory Syndrome impacts the statute of limitations for the crime and the admissibility and credibility of her testimony, given the significant delay in reporting and the nature of memory recovery.

• Example 3: Child Custody Dispute

  During a contentious divorce and child custody hearing, one parent alleges that their 8-year-old child, after a visit with the other parent, suddenly began recounting detailed and disturbing memories of alleged abuse that the child had never mentioned before. The parent presenting these claims suggests that the child had "repressed" these memories due to trauma, and they are now surfacing. The court, however, must carefully evaluate whether these are genuinely recovered memories or if they could have been influenced by suggestion, coaching, or the stress of the custody battle, highlighting the complexities and controversies surrounding Repressed-Memory Syndrome in family law.