Construction in progress

These are the first in what will eventually be a group of legal topics accessible on the FMSF website.  Work is progressing on this section and others; if the subject matter interests you, please check back from time to time to see the new additions.  (To those who have felt frustrated at the time it's taking us to produce the aforesaid new additions, our apologies; volunteer work has sometimes to take a back seat to other aspects of life.)

RECOVERED MEMORIES IN THE COURTS

Anita Lipton has written a thorough review of American litigation concerned with "repressed memory."

AMICUS BRIEFS

In the 1990's, the FMS Foundation filed numerous amicus curiae briefs in response to a proliferation of lawsuits brought by adult children against their parents and/or others alleging repressed memories of childhood sexual abuse recovered in therapy. The briefs sought to provide courts with the latest mainstream scientific literature available on issues related to the development of recovered memories. A brief does not argue the merits of either side in the case under consideration. An amicus brief can only be filed at the appeal level.

In addition to filing amicus curiae briefs in civil lawsuits brought by adult children, the FMS Foundation also filed briefs in several criminal cases, and in lawsuits brought by falsely accused family members against therapists.

The briefs for which full text is provided were selected to be representative of the types of legal cases. Criminal case: New Hampshire v Hungerford; Civil case againts parents: S.V. v. R.V.; Parents and daughter against therapist: Althaus v. Cohen; Parents against therapist: Sawyer v. Midelfort.

Some amicus curiae briefs filed by the FMS Foundation (the links are either to complete text or to descriptions with reports of the outcome):