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Ault v. Jasko8/31/1994
f memory retrieval is not reliable and is not sufficiently established to have gained general acceptance in the psychotherapeutic community, and, therefore, that we should not recognize those methods in our courts at present.
I decline here, however, to engage in a discussion of any single solution of which there are several, to this problem. Suffice it to say, it is my sincere belief that the resolution of this issue lies with the legislature and not the judiciary. The Ohio General Assembly is the appropriate body to conduct hearings, consider expert testimony and, most important, fashion standards. Thus, at this time I would not create a common-law rule of discovery and accrual in cases alleging sexual abuse where the alleged victim claims to have recovered, with the aid of a therapist, a repressed memory of childhood sexual abuse.
The particular facts of this case illustrate my concern. The plaintiff here sought professional help for depression and anxiety. Her treatment included therapy and medication from a social worker, a psychologist and a psychiatrist. Although she does not indicate the period of time over which the alleged abuse occurred, she acknowledges that the abuse did not begin until she was older, age twelve. Therefore, while her therapy may have helped her in recovering from her disorder, my reservations regarding the reliability of memory retrieval methods used by psychotherapists, and their consequent results, warrant that I caution against adoption of a discovery rule in this case.
For the foregoing reasons, I would reverse the judgment of the court of appeals and sustain the trial court's grant of defendant's motion to dismiss.
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