Two other highly vocal FMSF Advisory Board members are Dr Elizabeth Loftus and Professor Richard Ofshe. Loftus is a respected academic psychologist whose much quoted laboratory experiment of successfully implanting a fictitious childhood memory of being lost in a shopping mall is frequently used to defend the false memory syndrome argument. In the experiment, older family members persuaded younger ones of the (supposedly) never real event. However, Loftus herself says that being lost, which almost everyone has experienced, is in no way similar to being abused. Jennifer Freyd comments on the shopping mall experiment in Betrayal Trauma (1996): “If this demonstration proves to hold up under replication it suggests both that therapists can induce false memories and, even more directly, that older family members play a powerful role in defining reality for dependent younger family members. (p. 104). Elizabeth Loftus herself was sexually abused as a child by a male babysitter and admits to blacking the perpetrator out of her memory, although she never forgot the incident. In her autobiography, Witness for the Defence, she talks of experiencing flashbacks of this abusive incident on occasion in court in 1985 (Loftus &Ketcham, 1991, p.149)In her teens, having been told by an uncle that she had found her mother's drowned body, she then started to visualize the scene. Her brother later told her that she had not found the body. Dr Loftus's successful academic career has run parallel to her even more high profile career as an expert witness in court, for the defence of those accused of rape, murder, and child abuse. She is described in her own book as the expert who puts memory on trial, sometimes with frightening implications.She used her theories on the unreliability of memory to cast doubt, in 1975, on the testimony of the only eyewitness left alive who could identify Ted Bundy, the all American boy who was one of America's worst serial rapists and killers (Loftus & Ketcham, 1991, pp. 61-91). Not withstanding Dr Loftus's arguments, the judge kept Bundy in prison. Bundy was eventually tried, convicted and executed.

~ Valerie Sinason

SummaryThere is a small group of cases, initially treated as rape where there is no evidence of an assault: primarily where a third party makes the report and the victim subsequently denies; or where the victim suspects being assaulted while asleep, unconscious or affected by alcohol/drugs but the medical/forensic examination suggests no sex has taken place. How the police should designate such cases is problematic.- Eight per cent of reported cases in the sample were designated false by the police.- A higher proportion of cases designated false involved 16- to 25-year-olds.- A greater degree of acquaintance between victim and perpetrator decreased the likelihood of cases being designated false.- Cases were most commonly designated false on the grounds of: the complainantadmitting it; retractions; evidential issues; and non co-operation by the complainant.- In a number of cases the police also cited mental health problems, previous allegations, use of alcohol/drugs and lack of CCTV evidence.- The pro formas and the interviews with police officers suggested inconsistencies in the complainant’s account could be interpreted as ‘lying’.- The authors’ analysis suggests that the designation of false allegations in a number of cases was uncertain according to Home Office counting rules, and if these were excluded, would reduce the proportion of false complaints to three per cent of reported cases.- This is considerably lower than the estimates of police officers interviewed.A gap or a chasm?: attrition in reported rape cases.

~ Liz Kelly