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Anthony Hurst
Psychologist and lecturer at the University of Melbourne; Board Chair of the EMDR Association of Australia and director of Systemic Psychology.
3
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3
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Aug 17, 2026
Memory Wars: Should victims have their rape cases dropped because they have had therapy?
30:32
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16:24Anthony HurstGUEST
I think it would just be very briefly important to touch on what constitutes, and I'll use quotation marks, a false memory, because it seems to be accepted that people think there's some research out there that shows somebody has had a spontaneous memory of child sexual abuse that never happened, and there's some sort of valid research that demonstrates that.
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16:51Anthony HurstGUEST
I would put to you that the research that underpins this idea of false memory is completely separate from how it gets applied in court.
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17:01Anthony HurstGUEST
So as an example, one of the most famous studies that looks at false memory has researchers get a series of events that has happened to somebody that their parents have provided as a child.
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17:24Anthony HurstGUEST
Can you tell me what you remember about that? And it's a, it's a real thing that happened.
13 MINS LATER

John FainHOST
the bottom of all of this, Anthony, just finally, do you think it's because lawyers don't really trust the work you and other psychologists are doing?
Healing versus Justice? Part 2
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22:16Anthony HurstGUEST
And it basically created this reverse onus of admissibility where it was on the prosecutor to demonstrate that the evidence was reliable by following these guidelines for it to be admissible.
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22:35Anthony HurstGUEST
So the person's memory and experience was assumed inadmissible, distorted, conflated by default.
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22:45Anthony HurstGUEST
And it was then through these guidelines, it was then on the prosecution to prove that it was reliable by virtue of those guidelines.
Does EMDR therapy taint a witness's recollection?
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23:53Anthony HurstGUEST
Some of the concerns with, um, hypnosis, as I spoke to you about how we say, "Okay, notice that, notice that," and it's quite scripted, right? So any EMDR therapist doing the standard protocol will say precisely that.
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24:07Anthony HurstGUEST
Hypnosis is quite different because suggestibility is actually part of the mechanism.
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24:12Anthony HurstGUEST
So part of it is suggesting things to help them see, think about things differently, to help them perhaps experience something different in relation to that.
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24:22Anthony HurstGUEST
So the mechanism for hypnosis is very different, but also the way it was historically used is, um, even as a psychologist, I think, quite unusual.
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24:31Anthony HurstGUEST
So the history of it was that there was a particular version of it, uh, forensic hypnosis, um, which wasn't, you know, someone using it for weight loss or to stop smoking.
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24:44Anthony HurstGUEST
There were, um, police officers who were using hypnosis with witnesses to try to get more information out of them about a perpetrator or to, to help them solve cases and, and, and address them.
