A report by ABC News has highlighted the difficult choice facing some victim-survivors of alleged sexual abuse: whether to seek a proven trauma therapy that could jeopardise their path to justice. The ABC reported on Wednesday that individuals in Tasmania and Queensland have found their legal cases complicated after undergoing Eye Movement Desensitisation and Reprocessing (EMDR) therapy.

EMDR is a therapy for post-traumatic stress disorder (PTSD) recognised by the World Health Organisation. However, its treatment within the Australian legal system has created challenges for those seeking to give evidence in court. According to reporting by the University of Melbourne, legal uncertainty dates back to a 1995 court case that grouped EMDR with hypnosis, raising concerns about the reliability of a witness’s memory.

This has led some prosecutors to be cautious about evidence from witnesses who have had the therapy. One Queensland woman told the ABC her case was halted because she had undergone EMDR. In Tasmania, another woman waiting for her court case said she was advised to delay the therapy, leaving her feeling that her life was on hold, the ABC reported.

The Office of the Director of Public Prosecutions (DPP) in Tasmania told Oz Arab Media it could not prevent a complainant from having EMDR but would assess its impact on a case-by-case basis. This reflects a complex legal landscape, as a past Tasmanian case, Sparkes v The Queen, indicated the guidelines linking EMDR to hypnosis were not mandatory.

Clinicians and advocates argue the legal system’s view is outdated and not supported by current scientific evidence, which shows EMDR does not distort memories. The EMDR Association of Australia has raised concerns that survivors are avoiding or delaying vital treatment for fear of damaging their legal prospects.

In a positive development for advocates, it was reported in June that Queensland’s DPP is revising its guidelines to remove the classification of EMDR with hypnosis. For more detail, readers can find the original story on the ABC News website.