This Note argues that wrongly accused parents should be granted standing by the courts to bring suit against therapists who negligently suggest that their children are victims of sexual abuse. The first section will analyze the validity of recovered memories obtained through the use of various suggestive techniques. The second section will explore the various causes of action that courts are considering actionable by innocent third parties against the therapists who implant false memories. The causes of action that will be analyzed are malpractice, negligence, intentional infliction of emotional distress, defamation, loss of companionship and society, and breach of contract. Cases involving false memories are a very new and controversial problem in our courts today and these causes of action are only the beginning of the cure.
Note, Ridicule or Recourse: Parents Falsely Accused of Past Sexual Abuse Fight Back, 11 J.L. & Health 303 (1996-1997)