84 Dædalus Fall 2003
For more than three decades, I have
conducted research on memory. My re-
search shows that memory is malleable
–and that it is a flimsy curtain indeed
that separates memory from imagina-
tion.
I’ve seen how false memories can de-
stroy lives, especially when such mis-
takes in recollection work their way in-
to the legal system. As a result of eyewit-
ness accounts of imagined events, I’ve
seen more than a few innocent people
sent to prison.
Doing research that has practical im-
plications, and being willing to speak out
about those implications, can be risky.
Giving expert testimony in the adversar-
ial setting of a court case–as I have done
–is not simply moving from the labora-
tory into the ½eld. It’s moving into a bat-
tle½eld.
As a result of publishing ½ndings that
have cast doubt on cases of supposed re-
pressed memory, I have become accus-
tomed to receiving harsh criticism, and
even personal threats. But nothing had
quite prepared me for the Orwellian
nightmare I currently confront.
This nightmare began with my reading
of a paper coauthored by a psychiatrist
named David Corwin. In an article pub-
lished in 1997 in the journal Child Mal-
treatment, Corwin purported to offer new
proof that repressed memory was a gen-
uine phenomenon, by recounting the
story of “Jane Doe.” Corwin had video-
taped Jane on several occasions. The
½rst was in 1984, as part of a custody dis-
pute between her divorcing parents; in
this video, the six-year-old Jane de-
scribed how her mother had sexually
abused her. On the basis of Jane’s testi-
mony, the mother lost custody of her
daughter, and also lost the right to visit
her.
Eleven years later, at Jane’s request,
Corwin videotaped another interview.
Now seventeen, Jane was bothered that
she could not now recall being sexually
abused by her mother. But under further
questioning by Corwin, Jane suddenly
did recall, recounting an instance when
her mother had sexually abused her in
the bathtub–thus, to Corwin’s satisfac-
tion, con½rming the phenomenon of
traumatic amnesia.
After publishing his paper about Jane
Doe in Child Maltreatment, Corwin trav-
eled around the country giving lectures
and showing videotapes of Jane. Thera-
pists began to use the case as proof of
repressed memory. Psychologists began
Elizabeth F. Loftus is Distinguished Professor in
the department of psychology and social behav-
ior at the University of California, Irvine. In
“Eyewitness Testimony” (1979), she described
her theory of how perceptions can modify hu-
man memory, and her research helped her to
become one of the nation’s leading legal consul-
tants in the area of eyewitness testimony in trials.
She has been a Fellow of the American Academy
since 2003.
Elizabeth F. Loftus
on science under
legal assault
© 2003 by the American Academy of Arts
& Sciences