Can Someone Misremember a Sexual Assault?
Have you ever been so sure that something happened, that no matter what anyone said or did to convince you otherwise, nothing could shake your belief? Not only did you have a suspicion that this event occurred, you actually had a vivid recollection of it, filled with specific memories and details of the incident. Later, however, as more facts about the event began to emerge, you realized your recollection may not have been as accurate as you had first perceived.
If you have encountered a similar experience, recent studies show that you are not alone.
The Rolling Stone Article – “A Rape on Campus”
Last month, Rolling Stone magazine published a detailed report concerning an alleged rape that occurred on the campus of the University of Virginia. The article, titled, “A Rape 
on Campus: A Brutal Assault and Struggle for Justice at UVA,” narrates the account of UVA freshman “Jackie” who claims that she was brutally gang raped while attending a fraternity party on campus.
Shortly after the publication of the article, a number of inconsistencies and discrepancies rose, generating some skepticism regarding the validity of Jackie’s story.
After an in-depth investigation was conducted, it was found that the fraternity in question did not host a party on the date of the alleged rape, nor did they have a member who matched the description Jackie gave of the instigator in the assault.
Some readers critiqued the Rolling Stone conducting “one-sided, uncorroborated reporting” and felt as if the magazine should have also interviewed the alleged attacker instead of solely speaking with the alleged victim. 1 Those same critics are alluding to this case as an example of how a new societal problem has been created in which an accused individual is always presumed guilty before given due process.
Lies Vs. Memory Error: Is There a Difference?
Elizabeth Loftus, a distinguished UC Irvine professor and specialist in human memory, and Rebecca Grady, a graduate student in the Department of Psychology and Social Behavior at UC Irvine Elizabeth both say yes- there is in fact a difference between a conscious lie and an error in one’s memory. According to Loftus and Grady, because memory errors and false memories exist, “decades of research on memory have shown us that telling the truth and lying are not the only two possibilities.” 2
In a December issue of the Daily Journal, Loftus and Grady discussed the findings of years of psychological studies of memory. The study concluded that individuals can genuinely believe that made-up events have occurred. They mentioned that the subjects of these studies who made evident memory errors were not consciously lying, but have instead modified their recollection in a way consistent with what they sincerely believe to have occurred.
“Once a false memory is implanted, it can be as real to the person as any other memory, and can be experienced with strong emotional reactions.” Added Loftus and Grady. This is what may have occurred to Jackie during her recollection of the alleged rape at the fraternity house.
What This Means for Someone Accused of a Crime
If you have been falsely accused of committing a crime, do not lose hope. The attorneys at Wallin & Klarich know that regardless of how confident an alleged victim is, false memories and false allegations occur and we will stop at nothing to help you prove your innocence.
Call Wallin & Klarich Today
If you are accused of a crime, calling the criminal defense attorneys at Wallin & Klarich is the first step in turning your luck around. Our lawyers have over 40 years of experience successfully defending persons accused of a wide variety of crimes ranging from DUI, to sexual assault.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1. [Daily Journal “(Mis)remembering sexual assault: lies vs. memory error” December 24, 2014]↩
2. [Id.]↩
