Implications for practice

CJS when further contact is not provided.

6.1 Implications for practice

In chapter four, the configurative review and synthesis identified a number of factors relating to memory that can better inform the interview process for traumatised individuals. In relation to some of the factors that contribute to victims being disbelieved regarding their testimony particularly when memory is vague or inconsistent, the findings provided an improved understanding and consideration of how the interview process could be adapted to take into account different memory processes and the general deficits that apply to all remembered events. As chapter four illustrates as part of the conceptualisation, different types of sexual offences may affect memory differently and the individual may present with varying psychological difficulties. A more flexible approach to interviewing would be required depending on the impacts of the trauma (Bergmann, 2012). Daly and Bouhours (2010) also highlight the need for sensitive questioning regarding the issue of consent as many complainants know their alleged offender and may have concerns about being believed.

Much of the research suggests that memories that are accessed via the field perspective, the subjective experience will be more vivid and include more rich detail than memories recalled objectively, from a third person perspective (Cohen and Conway, 2008). If the witness is showing little emotional reaction when accessing the memory, it is important to find the right memory cue to carefully activate the memory system directly related to the traumatic event (Tulving, 1972; Fisher and Geiselman, 1992). As discussed earlier, the literature suggests that highly traumatic or distressing memories are unable to be processed in the normal way and become fragmented from the integrated memory, lacking temporal and contextual binding. LLinas, (2001) suggest that if the thalamic nuclei are deactivated because of increased levels of arousal, this can affect the synchronisation and integration of the sensory elements of the experience. As discusses in chapter four, as the thalamus provides a relay station within the brain

where information from external and internal input is directed to the relevant areas of the cerebral cortex and from the brainstem and limbic structures, high levels of arousal reduces thalamic activation and can lead to a disruption in thalamic sensory processing (Llinas, 2001). This is particularly evident in the transmission of sensory information to the amygdala, cingulate gyrus, frontal cortex and hippocampus and is hypothesised to cause flashbacks in PTSD (Portas et al. 1998). This thalamic dysfunction is also thought to be the cause of other dissociative symptoms (Bergmann, 2012). Bergmann (2012) also suggests that the altered brain connectivity creates the fragmented nature of the trauma memory particularly those memories that are not consciously accessible. It can also contribute to the deficiency in assimilating the experience leaving the memory in static form lacking temporal and contextual integration and consolidation into personal autobiographic episodic memory (Van der Kolk, 12014). Victims experiencing ‘flashbacks’ indicative of an acute stress disorder or PTSD have shown increased activation of the brain’s right hemisphere rather than left hemisphere activation patterns that are the response of the recollection of personal autobiographical memories that have been integrated and stored accordingly. In extreme cases this can result in a complete fragmentation of personality, identity and loss of self (Bergmann, 2012). Findings discussed in chapter four regard this as a transient process and in the right conditions the memory can be processed into a clear and detailed account (Lanius et al, 2014). Arguably, accessing the memory when it remains in sensory or psychosomatic formats requires specialist knowledge and applicable skills in the processing of memories so that an integrated experience can be articulated (Bergmann, 2012; Lanius et al. 2014).

Given the complexities in these memory processes following traumatic sexual violation, it is important in considering the timing of interviews for traumatised witnesses, as memory may only be coherent once integration has occurred. It is also noted that some preparatory memory work is required prior to interview stage. In relation to traumatic memories, findings from Peace and Porter, (2004) suggest, recollections can be gained through various means and normally retain their reliability over time particularly if there was mental imagery related to the event. In

a longitudinal study, they found that imagery related to a traumatic memory persisted over time without a weakening of their content (Peace and Porter, 2004). The literature supports memory-enhancing techniques as in the cognitive interview such as eliciting a free narrative of the individual’s experience, developing a written narrative or with guided imagery (Peace and Porter, 2004). However, special care and attention should be made when assessing a victim’s readiness for interview.

Although the cognitive interview provides a method by which errors in memory recall are limited, some traumatised victims may fail to construct a coherent narrative when there are layers of trauma, particularly from earlier years (Lanius et al. 2014). Interviewers also need to be attentive to any material that is recovered during the police interview. The British Psychological Society (BPS, 1995; 2016) report provides some clear guidance for therapists working in areas of trauma and the recovery of memories. These guidelines would also benefit those working with traumatised adults when conducting interviews. Guidelines for the emergence of traumatic memories, emphasise that no suggestion is made and to allow a natural process of recovery, not to draw inferences from other symptoms which may be unconnected to previous abuse, not to impose their own conclusions, to take into account that the recovered memory could be literally true, may be a mental representation of the truth or may have been confused by dreams/fantasies. Interviewers should remain open to the ambiguity of the recovered material. Interviewers should make use of more cognitive strategies and avoid interpretation or suggestion (Bellis et al. 2010; BPS, 2016).

As discussed in the literature, video recording of sessions would be considered a necessary adjunct to the completion of an interview following a high level of trauma. Westera et al. (2013) found that two thirds of the narrative is lost using live evidence. Note-taking would be particularly difficult if the memory recall of the individual was fragmented or not in any logical order (Westera et al. 2013). The interviewer may return to more case hypothesis style questioning using closed or leading questions in order to try and make sense of what the interviewee are saying (Shepherd and Milne, 1999). Police can find themselves closing down the interview before all information has been gained or by inadvertently biasing the

answers of questions when they fit with any predetermined case theories (Shepherd and Milne, 1999). The time delay from interview to trial can also be disadvantageous for witnesses and the stress of the court environment could result in discrepancies causing doubt for juries (Deffenbacker et al. 2004). As Heaton-Armstrong and Wolchover (1993) suggest, any irregularities between written statements and later oral testimony during cross examination will be responded to by the Defence in an attempt to discredit the witness. In video recorded evidence in chief, memory can be treated in the same way as other crime scenes by preserving the testimony in a safe way. Westera et al. (2013) suggests that this optimises the ‘achieving best evidence’ goal of the CJS. It also reduces the stress for victims when not having to testify at court.