Memory and Sexual Misconduct

Psychological Research for Criminal Justice

Joanna Pozzulo, Emily Pica, Chelsea Sheahan, Joanna Pozzulo, Emily Pica, Chelsea Sheahan

• Publisher: Routledge
• Year: 2020
• Print ISBN: 9780367134099
• eBook ISBN: 9780429648229
• Topic: Psychology
• Subtopic: History & Theory in Psychology
• Index: Psychology

Memory and Sexual Misconduct: Psychological Research for Criminal Justice investigates the veracity of memories of sexual misconduct and the factors that may influence accurate recall, and fundamentally assesses whether psychological science can help the criminal justice system in determining which accusations are likely to be accurate, and which are not.

In recent years, the public has been inundated with announcements of sexual assault allegations, in particular against public figures like politicians, businessmen, movie moguls, and professional athletes. Many of these accusations concern events that occurred several years prior to their announcements and trials. Drawing upon a compilation of real-life sexual assault cases and psychological science on recall and sexual trauma, this book provides an analysis of memory reports of sexual misconduct, including inappropriate comments, behaviors, harassment, and assault. It compares these memories with other types of memory, such as flashbulb memories, co-witness conformity memory, and autobiographical memory. Memory and Sexual Misconduct helps readers interpret the role of emotion, the level of detail, and the possible distinction between someone remembering a past event and believing the past event occurred.

By providing a thorough evaluation of the likelihood that misconduct memories are accurate and investigating factors that affect this accuracy, Memory and Sexual Misconduct is an invaluable text to both the criminal justice system and the general public, particularly as sexual misconduct allegations of past events continue to come to light.

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INTRODUCTION

Setting the Context

Joanna Pozzulo, Emily Pica, and Chelsea Sheahan

It was 2014 and a popular radio host in Toronto, Jian Ghomeshi, was charged and arrested with four counts of sexual assault with some assaults occurring several years prior. An additional three counts were laid shortly thereafter. There were three complainants. Although the story was disturbing, it was perhaps what followed thereafter that cemented for the editors, that a book reviewing the research as it relates to common factors in historic cases of sexual misconduct was needed. The term ‘historic’ is imprecise in that there is no agreed upon length of time in the past for an event to have occurred to be deemed historic (Avalon Centre, 2019). We define historic as an event that has occurred a year or more in the past. As well, we use the broad umbrella term ‘sexual misconduct’ to include sexually inappropriate comments, behaviors, sexual harassment, and sexual assault. In the following, we describe the time leading up to the current volume coming together.

The three editors were all working together at Carleton University conducting a series of juror decision-making studies examining factors in real-life sexual assault cases. Issues of race, status, age of victim, alcohol use, and consent were all being examined. The more studies we conducted, the more studies were needed for the questions being raised. In the backdrop, sexual assault cases were making their way into popular news outlets. These sexual assault cases, however, appeared different from years past. Often, the sexual misconduct had occurred several years prior to a complainant coming forward, the alleged perpetrators were ‘famous,’ and there were multiple complainants for each accuser. Then in 2017, the American actress Alyssa Milano shared the #MeToo on social media encouraging others to use the hashtag if they had experienced sexual harassment/assault in order to provide a sense of the prevalence that sexual misconduct occurs in the workplace.

Politicians, business executives, movie moguls, singers, professional athletes, and many others were being accused of sexual misconduct and in some instances sexual assault. It seemed that every daily news feed and 6:00 p.m. newscast had yet another story of (typically) a female victim recalling an exchange from many years past when (typically) a male propositioned, harassed, or assaulted her. Often the alleged event happened many years prior; 5 years, 10 years, 20 years, and even 40 years prior. And often the victims were young, in their teens or early twenties. Sometimes the alleged victims disclosed their identity to the media and sometimes they did not. Often the allegations were levied in the media without police investigation or criminal charges being laid. The assumption was that the memories being recalled were accurate and as is often the case, the only evidence against the accused is in the form of the memories being recalled by the accuser.

To understand the widespread problem of sexual misconduct, it is important to discuss how often this occurs. One caveat, however, is the underreporting of sexual misconduct; therefore, it is near impossible to truly know the accurate prevalence. According to the Centers for Disease Control and Prevention (2019), more than 1 in 3 women and roughly 1 in 4 men will experience sexual violence in their lifetime.

The prevalence of sexual harassment behaviors is likely to be even higher. In a nationally representative survey examining the prevalence of sexual harassment and assault, University of California San Diego’s Centre for Gender Equity and Health (GEH) and Stop Street Harassment (SSH) found that over 81% of women reported experiencing sexual harassment and/or sexual assault over their lifetime, with 43% of men reporting experiencing harassment and/or sexual assault (Kearl, Johns, & Raj, 2019). When examining behaviors specific to misconduct, high prevalence rates also were found. For example, the majority of women (76%) and a minority of men (35%) reported experiencing verbal sexual harassment (whistling, inappropriate comments, misgendering, homophobic, transphobic slurs, etc.); whereas 40% of women and 21% of men reported experiencing cyber sexual harassment (e.g., through texting, telephone, or online). According to this survey, there were variations in reporting experiencing sexual harassment based on demographic characteristics. For example, they found that women and men aged 25–49 years old were more likely to report experiencing harassment and assault compared to other age groups. People with disabilities, those who identified as homosexual or bisexual, and those who lived in metropolitan areas were more likely to report experiencing harassment and/or assault (Kearl et al., 2019).

Next we provide a cross-section of sexual misconduct allegations (e.g., unwanted comments, advances, sexual harassment, and assault) that have been reported in the media in North America (predominantly in the United States and Canada) to highlight commonalities and differences.

Consider the Following Allegations

Harvey Weinstein was a film producer involved in numerous acclaimed films. Several news reports detailed allegations of sexual misconduct (including harassment and assault) from multiple complainants dating back over 20 years. In 2018, he was charged in New York for five incidents involving two female accusers dating to 2013 and 2006 (Puente, 2019). Given that he was charged with sexual misconduct crimes against two victims, his crimes carry the term ‘predatory.’ Weinstein pleaded not guilty at his arraignment. At the end of 2019, Weinstein reached a tentative $25 million deal with numerous alleged victims of sexual misconduct (www.nytimes.com/At2019/12/11/us/harvey-weinstein-settlement.html). This deal would mean that Weinstein himself did not have to pay his accusers, nor would he have to admit any wrongdoing. In 2020, Weinstein was found guilty on two of five charges. He was found not guilty for the charge of predatory sexual assault and one charge of rape in the first degree. Weinstein was given a 23-year sentence.

Former Alabama Chief Justice Roy Moore was accused of initiating inappropriate contact with young teens (e.g., 14- and 15-year-olds) when he was in his early thirties (he is now in his seventies). For example, one women claimed that Moore assaulted her while giving her a ride home from the restaurant at which she worked (Lyman, 2017). She was 16 years old at the time. Several other female complaints have made allegations dating back 30 years. Roy Moore denies all of the allegations and even sued his victims, claiming a ‘conspiracy’ against his political campaign in 2017 (Cummings, 2018).

The lead singer of the band Hedley, Jacob Hoggard, was charged with sexual assault and interference in 2018 involving two victims, one of whom was a minor (i.e., under the age of 16). Several others have come forward alleging sexual misconduct against the musician. At the time of this volume, he has only appeared at his preliminary hearing in July 2019 where he pleaded not guilty (Carter, 2019). He is set to face trial in 2021.

In the mid-eighties, Larry Nassar began working with the USA Gymnastics team as a trainer and shortly thereafter became the medical coordinator for the team. In 2015, USA Gymnastics distanced themselves from the doctor when concerns from athletes started to emerge. Allegations of inappropriate touching and child sexual abuse emerged from underage female athletes. Over 265 women came forward accusing Nassar of sexual assaults with some victims as young as 6 years old. In some cases victims did not disclose the abuse for over two decades. Nassar pleaded guilty to several charges of sexual assault and possessing child pornography. He received a 60-year federal term for the pornography charges and an additional 40–175 years in prison (Orbey, 2019).

In 2017, actor Anthony Rapp accused Kevin Spacey of assaulting him at a party in 1986 when he was 14 years old (Ramano, 2018; Vary, 2017). Since that accusation, Kevin Spacey has over 30 accusers of sexual misconduct (including sexual assault), with some accusers, such as Anthony Rapp, coming forward after more than 30 years (BBC News, 2019).

Asia Argento, an Italian actress, who in 2017 accused Harvey Weinstein of sexual assault in the 1990s when she was 21, was accused in 2018 of sexual assault of a 17-year-old that allegedly occurred in 2013 (Desta, 2018).

Brett Kavanaugh’s hearing for the appointment to the Supreme Court of the United States was perhaps one of the most watched hearings for such an appointment. Kavanaugh was accused by Christine Blasey Ford of sexual assault when she was 15 years old, more than 30 years after the event occurred (Edwards, 2018). In her testimony, Blasey Ford testified that Kavanaugh assaulted her at a party, where she feared that she was going to be raped and accidentally killed (Dangerfield, 2018). During her testimony, Blasey Ford admitted that she was too afraid to disclose the assault to anyone after it occurred and waited until many years later to disclose the assault in therapy (Dangerfield, 2018). Blasey Ford was met with critics arguing why she waited and could she be ‘confused.’

Favorite funny dad from the 1980s sitcom The Cosby Show, Bill Cosby, had allegations of sexual assault incidents from many women between the years of 1965 to 2008. In 2015, Cosby was charged with three counts of aggravated sexual assault. The prosecution was hoping that 13 women would be able to testify, but the judge allowed only one witness to take the stand; this victim’s allegations dated back to 2004. When she testified, her testimony was similar to the events described in various media outlets by other women (Los Angeles Times, 2018). Based on events that occurred in 2004, Cosby was convicted in 2018 of aggravated sexual assault.

Businessmen are not exempt from this category either. Leslie Moonves, who was once the head of CBS television, was accused of sexual harassment in 2018 with allegations by a number of women dating back to the 1980s. The alleged sexual misconduct ranged from forcible touching, intimidation, and threats to derail careers. It appeared that some women were fired for rejecting his alleged advances. What is intriguing about Moonves is that, in the public, he was a proponent of the #MeToo movement (Farrow, 2018). When the allegations came out, Moonves resigned from his CBS chairman position with no severance or benefits.

This sampling of sexual misconduct (including assault) allegations highlights some common themes. Allegations of sexual impropriety can date back many years – at times more than 30 years. The allegations typically involve a younger (possibly a child or underage teenager) female complainant and an older male perpetrator, although complaints against alleged female perpetrators also have occurred. Moreover, males also can be and are victims of sexual misconduct. The event(s) was traumatic to the victim. Criminal cases can come before a judge and jury who evaluate the evidence; often historical accounts have little other evidence than a victim’s memory, and they must reach a verdict in such cases.

What can psychologists say about some of the common factors seen across these allegations of sexual misconduct? This book is intended to help readers appreciate the factors that may increase (or decrease) the likelihood that “sexual misconduct” memories are accurate. We will consider the psychological research available to aid the criminal justice system and the general public in understanding these memory reports of sexual misconduct. Factors influencing memory for these misconduct reports will be examined within the broader framework of general memory. Thus the objective of this book is to examine factors that may influence the memory recall for historical events of sexual misconduct. Moreover, it should be noted that this book assumes that there is no intention of lying or deliberate misremembering the event by victims or witnesses. We assume that victims/witnesses are recalling memories as they believe occurred.

This book will examine whether psychological science can help us in deciding which of these accusations are likely to be accurate, and which are not. Are there indicators we can use in looking at the accusations themselves? Moreover, we hope this book will help readers interpret the role (or perhaps non-role) of the emotion associated with the recollection, the level of detail, and the possible distinction between someone remembering a past event and believing the past event occurred. Can we apply what we know about memory to cases of sexual misconduct? Thus the objective of the book is to help the reader appreciate the factors that may surround memories of sexual misconduct and how they may increase (or decrease) the likelihood of the memory being accurate.

Across nine chapters, each has the goal of bringing a fresh perspective of the research as it relates to real-life examples. Although there may be some overlap between the chapters, the focus of each chapter will be distinct and all the contributors will have different areas of expertise that they bring to the general topic and specific topic of their chapter. We hope that this volume will provide some insight based on psychological science to better understand the veracity of sexual misconduct memories.

References

• Avalon Centre. (2019). Glossary and definitions. Retrieved December 15, 2019, from http://avaloncentre.ca/quicklinks/glossary-and-definitions/
• BBC News. (2019). Kevin Spacey timeline: How the story unfolded. Retrieved from www.bbc.com/news/entertainment-arts-41884878
• Carter, A. (2019). Hedley’s Jacob Hoggard appears in court for preliminary hearing on sexual assault charges. CBC News. Retrieved from www.cbc.ca/news/canada/toronto/hedley-jacob-hoggard-sex-assault-1.5207192
• Centers for Disease Control and Prevention. (2019). Preventing sexual violence. Retrieved from www.cdc.gov/violenceprevention/sexualviolence/fastfact.html
• Cummings, W. (2018). Roy Moore sues women who accused him of sexual misconduct during his senate campaign. USA Today. Retrieved from www.usatoday.com/story/news/politics/onpolitics/2018/04/30/roy-moore-sues-accusers/567471002/
• Dangerfield, K. (2018). Read Christine Blasey Ford’s full statement on alleged Brett Kavanaugh sexual assault. Global News. Retrieved from https://globalnews.ca/news/4492130/christine-blasey-ford-statement-brett-kavanaughs-sexual-assault-accusation/
• Desta, Y. (2018). Asia Argento accuser Jimmy Bennett details alleged assaul...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Contents
• List of Contributors
• 1 Introduction: Setting the Context
• 2 Emotion’s (Varied) Impact on Memory for Sexual Misconduct
• 3 Memory for Repeated Sexual Misconduct: Does Repetition Matter?
• 4 Often but Not Always: When Does Age at the Time of Event Predict Memory for Sexual Violence?
• 5 Forensic Implications of Delayed Reports From Child Witnesses
• 6 Perceptions of Child Sexual Abuse Victims: A Review of Psychological Research With Implications for Law
• 7 Legal Perspectives on Historical Misconduct Cases: Issues With Civil and Criminal Cases
• 8 Recommendations for Collecting Event Memory Evidence
• 9 Future Directions for Research Examining Historical Memories of Sexual Misconduct
• Index