Memory Wars: Should victims have their rape cases dropped because they have had therapy?

This episode contains material some people might find disturbing. Listener discretion is advised.

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.

EMDR, a form of therapy now used for many people with a history of trauma, has been targeted by the legal system as possibly contaminating a victim’s memory.  Dozens of women have had their rape allegations dropped as a result.  Anthony Hurst, psychologist with Melbourne University’s Faculty of Health Sciences,  explains how the therapy works. Professor Jeremy Gans, of Melbourne Law School, explains the concerns of criminal prosecutors.  

If this episode has raised any issues for you, you can contact the Lifeline Australia telephone support service on 13 11 14, or Project Respect on 0477 001 110 by phone call, text or WhatsApp. 

Further reading 

The NSW judgment discussed by Jeremy in the podcast: 

• Regina v Daniel Robert Tillott, Torek Hassan Jamal, Robert Andrew Haines and Paul Bargashoun Nos. 60888, 60919, 60928 of 1993 and 60004 of 1994 Criminal Law and Procedure [1995] NSWSC 83 (17 October 1995) 

Plain language summaries of ‘false memories’: 

• https://www.scientificamerican.com/article/people-likely-arent-as-susceptible-to-false-memories-as-researchers-thought/ 

• https://www.bps.org.uk/research-digest/its-easy-implant-false-childhood-memories-right-wrong-says-new-review 

Further reading about EMDR: 

• Does treating emotional memories come at a price? Effects of single-session EMDR, imaginal exposure, and imagery rescripting on forced-choice recognition of event details in healthy adults - a laboratory study, DOI: https://doi.org/10.1016/j.brat.2025.104884 

• Selective Effects of Eye Movement Desensitization and Reprocessing, Imagery Rescripting and Imaginal Exposure on Voluntary and Involuntary Memory of an Aversive Autobiographical Event,  https://www.researchgate.net/publication/388655051_Selective_Effects_of_Eye_Movement_Desensitization_and_Reprocessing_Imagery_Rescripting_and_Imaginal_Exposure_on_Voluntary_and_Involuntary_Memory_of_an_Aversive_Autobiographical_Event  

• The effects of eye movements on the content and characteristics of unpleasant autobiographical memories: an extended replication study, https://doi.org/10.1080/09658211.2024.2307925