The London Free Press
November 9, 1995

Memories of Abuse Not Enough to Convict in Repressed Memory Case
by Rory Leishman

(as reported in FMSF Newsletter, Vol 5, No 2, Feb 1996)

On November 7, 1995, a London, Ontario Canada jury found an accused father not guilty of any of the counts of sexual abuse against him. Justice Dougald McDermid had repeatedly advised the jury to, "use your common sense."

The complainant testified that when she was about 24, she began to recover clear memories of having been sexually abused by her father between the ages of one and 16. She recalled that the assaults, including a rape at age 12, occurred two, three and sometimes four times a week.

Most attacks allegedly took place in the family home, but the girl's mother and other family members testified that they knew nothing about the attacks. The only independent evidence to support the complainant's memory was provided by psychologist, Louise Sas, who testified that child sexual abuse gives rise to the kind of anxiety attacks, flashbacks and other symptoms complainant displayed.

Sas also testified that client records had been destroyed for space reasons. The defense bid to stay the charges because some of the woman's counseling records had been destroyed and because research indicated the possibility that false memories of abuse may be triggered by questions asked during therapy. Justice McDermid ruled that the defense had not shown that those missing records were relevant to the trial or that the defendant would be denied a fair trial.