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The Long Road to Telling: Psychological Perspectives on the Reliability of Delayed Outcries

Delayed outcries of sexual assault can be difficult to prosecute, as well as difficult to defend, because of the typical absence of forensic evidence. Prosecution cases often conflate witness credibility with witness reliability, arguing that the accounts of trustworthy witnesses must be viewed as factual. This seminar reviews the reconstructive nature of human memory, laying out a pathway for refuting delayed outcries of abuse by arguing that credible witnesses can experience false memories. Pertinent memory research, along with common prosecution arguments and logical defense rebuttals, will be discussed along with several real-world case examples.

Duration of this webinar: 60 minutes

Originally broadcast: December 8, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Dr. Trent Terrell is introduced as the speaker, an expert in memory and eyewitness identification, with extensive experience in criminal cases. Dr. Terrell clarifies his role as a researcher, not a clinical psychologist, focusing on the impact of traumatic events on memory. He outlines the webinar's agenda, starting with a primer on human memory. Child witnesses are particularly suggestible, and Dr. Terrell will provide a checklist of indicators for unreliable memories. He distinguishes delayed outcry cases from eyewitness identification. The discussion highlights the limitations of memory over long delays and the importance of questioning the reliability of alleged memories.

12:10 Reconstructive Nature of Memory

Dr. Terrell emphasizes that traumatic memories are not formed and stored differently from everyday memories. He highlights the importance of understanding that memory is imperfect, even when it seems reliable. The discussion includes the role of forgetting and reconstructing memories, which can lead to inaccuracies. Dr. Terrell stresses the need to separate credibility from reliability in legal cases involving memory.

22:27 Delayed Outcry and Memory Reliability

Delayed outcry cases require scrutiny of the conversations and catalysts that may prompt memory reconstruction. Dr. Terrell discusses flashbulb memories as examples of clear but inaccurate recollections of shocking events. He explains the ethical limitations of studying false memories involving abuse, focusing instead on innocuous events. The Sam Stone experiment demonstrates how suggestions can lead children to create false memories.

27:27 False Memories and Suggestibility Studies

Studies show that suggestions from parents or authority figures can lead to false memories in children. The 'Lost in the Mall' study illustrates how family suggestions can create false memories in young adults. Dr. Terrell discusses the spread of rumors as evidence of how false ideas can propagate and become accepted. He emphasizes the importance of understanding suggestibility across ages and the role of latency in memory reliability.

37:30 Challenges in Assessing Memory in Legal Cases

Dr. Terrell discusses the role of age-appropriate language and adult conceptualization in assessing memory reliability. He highlights the importance of identifying scripted memories and the misuse of the term in legal contexts. The discussion includes the challenges of balancing justice with the limitations of memory in legal cases. Dr. Terrell emphasizes the need to carefully evaluate cases with multiple indicators of unreliable memory.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Trent Terrell Ph.D.

Since 2010, Dr. Terrell has consulted and testified in criminal cases involving memory. Today he is a nationwide expert focusing on eyewitness identification cases, cases involving delayed outcries of sexual assault, and other cases in which a witness’ recollection of events is in question. As of May 2025, he has consulted in over 300 cases and testified in over 50, including death penalty murder cases and appeals overseen by the Innocence Project of Texas. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: October 23, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: November 30, 2026

This presentation is approved for one hour of General CLE credit in California, and North Carolina. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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