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Is it essential to choose between mental health and maintaining the credibility of a statement in court?

 

Causes and effects of the “trauma-therapy dilemma” and a possible way of dealing with it

Many people are exposed to potentially traumatic occurrences over the course of their lives – for example acts of violence, sexual assault, or muggings. Some people affected then develop a trauma disorder in the form of an acute stress reaction or a post-traumatic stress disorder (PTSD); various evidence-based methods are available for the psychotherapeutic treatment of PTSD. It is generally recognized that those affected should receive psychotherapeutic help as soon as possible, in order to prevent initial PTSD symptoms from intensifying or even becoming chronic.

In practice, however, suspected victims of violent crime are regularly advised against embarking on trauma-focused therapy for as long as criminal proceedings are still ongoing. This is explained by the potential effects of psychotherapeutic interventions on the memory and the risk of false memories that can arise from suggestive processes in therapy: It is assumed that psychotherapy could affect the credibility of witness statements, and this can be highly problematic for legal proceedings. Affected persons are thus often faced with the choice of either accepting psychotherapeutic treatment or maintaining the credibility of their own testimonies. This conflict is also referred to as the “trauma-therapy dilemma.”

Basic research has clearly demonstrated that false memories can indeed be induced by suggestive processes and misinformation. However, the methodology of these studies significantly differs from the lege artis approach of trauma-focused psychotherapeutic interventions. Studies with an explicit focus on the effects of trauma-focused intervention methods are yet to show any adverse effects on memory.

At the Ladenburg Roundtable, scientists from various disciplines and representatives of professional groups who work with affected persons are setting out to reflect on the causes and consequences of the trauma-therapy dilemma. The objective is to draw up recommendations for dealing with this matter in future in terms of psychotherapy, the judicial system, and politics. Furthermore, interdisciplinary research strategies are to be developed in order to identify situations that could induce memory distortions in connection with psychotherapy, and to establish ways of minimizing such risk. In addition, all relevant specialist disciplines should be sensitized to this topic by means of target group-oriented communication.

 
Scientific management
  • Dr. Larissa Wolkenstein, Department for Psychology, LMU München