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St. Thomas Law Review

First Page

515

Document Type

Comment

Abstract

Part I of this Comment will address Freud's discovery of the effects of childhood sexual abuse. Freud's subsequent suppression of his discovery has led in part to the contemporary disbelief in the existence of childhood sexual abuse. Part II will focus on the psychological aspects of incest, exploring the impact of trauma on children and the resulting repression of the traumatic memories. Part III will review the policy considerations and recent developments involving the statute of limitations in delayed discovery of childhood sexual abuse cases. This part addresses the need to permit plaintiffs to sue for latent harm that went undiscovered during the normal statute of limitations period. Part IV will briefly address the Daubert standard of admissibility of expert testimony, and the need for courts to give sexual abuse plaintiffs the opportunity to present testimony of experts in the field of recovered memory. Part V will examine the two types of childhood sexual abuse plaintiffs identified by psychologists, and the courts' current limited acceptance and inadequate classification of these claimants. Part VI will discuss the leading experts' findings on recovered memories, as well as present a background on the False Memory Syndrome Foundation with an examination of its credibility. Finally, the Comment concludes that the adverse effects of the classification of child sexual abuse survivors demonstrates the need for the courts to move toward a more subjective approach to the claims of sexual abuse survivors.

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