Sexual assault defendants and complainants equally prone to memory gaps – study

By Gráinne Ní Aodha, PA

Both defendants and complainants in sexual assault cases are equally prone to memory distortions, new research suggests.

The results of the study from University College Dublin and University College Cork puts a focus on why complainants’ memories in sexual assault cases are scrutinised in court when the accused can be equally prone to error.

Published in Nature’s Scientific Reports, the “He Said, She Said” study involved a series of experiments using an immersive first-person video playing out a date scenario.

Those taking part were later assigned the role of either the complainant or the accused before being shown fabricated “witness” accounts that included misleading details and altered key facts from the video.

For example, some participants were shown testimony from a barman claiming that the accused was plying the complainant with drinks, even though this was not in the original video.

The study found that individuals in the role of both complainant and accused were equally likely to absorb and recall false details, even when those details supported their assigned narrative.

There were more than 1,300 participants in three separate experiments.

“We hope that this study will encourage people to re-examine their assumptions regarding the role of memory in sexual assault cases,” said lead author Associate Professor Ciara M Greene of UCD School of Psychology.

“We have noticed that these cases often hinge on discussions of the complainant’s memory.

“As memory scientists, we find this strange, since we know that everyone – male or female, complainant or accused – is human and has the same memory frailties.

“This study provides concrete evidence that memory errors and distortions are not unique to one side of contentious legal cases.”

For the study, two versions of the simulated date were filmed, one featuring a male actor and the other featuring a female actor.

The two videos were identical in all other respects, with each filmed from the perspective of a person going on a date with the man or the woman.

The first cohort of participants in both roles received the same misinformation details (experiment 1), wherein those in experiment 2 and 3 were provided misinformation that was tailored to their assigned roles – that is, information designed to make the sexual assault appear more likely or less likely to have occurred.

Strong misinformation effects were observed in both groups, with the complainant and accused equally likely to misremember details of the events leading up to the sexual encounter.

The study included both male and female victims and perpetrators, but interestingly found that memory distortion effects were not affected by gender.

While the study was based on fictional scenarios, its authors argue it highlights that memory is reconstructive and subject to bias, regardless of one’s role in a dispute.

Co-author and Associate Professor Gillian Murphy said: “We have a responsibility as memory scientists to banish myths about memory.

“In our book and in this paper, we stress that our memories mostly serve us very well and provide a good account of our experiences, but they can sometimes be prone to error, no matter what side of the courtroom you’re on.”

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.