How trauma can affect memory and court testimony
E.M., the complainant in the sexual assault trial involving five former Canadian world junior hockey players, has repeatedly stated under cross-examination that her memory has been clouded by trauma from the alleged sexual assaults. Known as E.M. due to a standard publication ban in such cases, she has accused Michael McLeod, Alex Formenton, Carter Hart, Dillon Dubé, and Cal Foote of sexually assaulting her in a London, Ont., hotel room in June 2018. The players have all pleaded not guilty, and the trial is now before a judge alone after the jury was discharged.
Throughout the cross-examination, the concept of how trauma may affect memory has been a central point of discussion. E.M. mentioned that she believes the trauma of being in the room caused a split in her personality. Dr. Robert Maunder, a psychiatrist at Sinai Health in Toronto, explained that during traumatic events, stress hormones can impact the way the brain records memories. This can result in memories being intense, rich, and detailed, or it can lead to gaps and inconsistencies in memory.
Canadian researchers not involved in the trial have shed light on how trauma can impact individuals. Dr. Maunder emphasized that the stress hormones during trauma can make memories intense or fragmented. Psychologist Meg Ternes from St. Mary’s University noted that trauma can cause memories to be disjointed and scattered, affecting the recollection of events.
Dr. Abraham Snaiderman, the director of Neuropsychiatry at Toronto Rehabilitation Institute, UHN, highlighted the use of the word “feel” by E.M. in her recollections and responses. He explained that this tendency is not uncommon among individuals who have experienced trauma, as it reflects their thoughts and emotions. Snaiderman also pointed out the risk of re-traumatizing the individual during questioning in court, emphasizing the importance of asking necessary but sensitive questions to establish the witness’s reliability.
The impact of trauma on memory and the challenges faced by individuals recalling traumatic events have been central themes in the trial. As the proceedings continue before a judge alone, the focus remains on determining whether the alleged sexual acts were consensual or criminal. The insights provided by experts highlight the complexities of memory and trauma, underscoring the importance of understanding and sensitivity in legal proceedings involving survivors of sexual assault.
