Repressed Memory Evidence

In State v. King, the N.C. Supreme Court recently clarified the rules regarding the admissibility of repressed memory evidence. In King the defendant was charged with sexually assaulting his daughter, a minor. When she was approximately 17 years old, the victim began suffering panic attacks and pseudoseizures, acting like a young child, speaking of a “mean man” who might hurt her, and identifying her father as the “mean man.” The victim was diagnosed with conversion disorder and referred to therapy. During therapy the victim recounted an event that occurred when she was seven years old. Specifically, she recalled getting out of the bathtub and hurting her “private area.” She did not remember how the injury occurred, but remembered that her father said she had fallen. She also remembered bleeding and going to the hospital where she was treated for a vaginal laceration. When the therapist asked the victim what she would think if a friend related this incident to her, the victim said that she would “wonder about abuse,” but added that she did not believe her father would do that. The therapist stated that the mind can protect itself by “going somewhere else when something very difficult or painful might be happening.” About three weeks later, the victim experienced her first “flashback.” When her boyfriend’s arm brushed against her, the memory “hit” that as she had been getting out of the bathtub, her father came in, lifted her against the wall, threw her on the floor, held her down, and [...]