The Limitations of Memory in Delayed Outcry Cases

Cases of alleged sexual abuse often involve initial outcries that occur years - sometimes even decades - after the abuse was alleged to occur. For this reason, there is typically no forensic evidence whatsoever other than the memories of the complaining witness. These memories have often filtered through conversations with family members and therapists before being formally captured in forensic interviews. This program explores the reconstructive nature of human memories that makes these recollections unreliable and discusses research establishing that memories can be falsely created when suggested by trusted family members or adults. We highlight all these factors and the role they played in a recent sexual abuse case in Texas.

Learning Objectives:

1. Review the limitations of human memory, both generally and as it applies to delayed outcry cases

2. Discuss the research demonstrating that false memories can be created by the suggestions of family members and trusted adults

3. Identify the factors critical to determining the reliability of memories in delayed outcry cases

4. Apply these factors to real-world cases