Borawick v. Shay

68 F.3d 597 (2nd Cir. 1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Borawick (P) began to experience panic attacks in the fall of 1984. She got treatment for chronic physical illness. After reviewing P’s medical history, she was referred to a hypnotist. P underwent a number of hypnotic sessions and before and immediately following these sessions she had no recollection of any sexual abuse when she was a child. When deposed in 1993, the hypnotist testified that he had no permanent records relating to the sessions with P. However, prior to his deposition he had read a portion of P’s deposition. The hypnotist maintained that he had no expectation of the type of information that would be revealed. The hypnotist also stated that he used regression therapy to take a patient back to 3-5 years old and would only ask broad nonleading questions. The hypnotist testified that P told him under hypnosis that her aunt, Shay (D1) persuaded P to strip and engage in ritual dancing. P also described how D1 inserted a cap pistol into her vagina and that her uncle (D2) anally raped her. The hypnotist did not reveal this information to P as it would have been devastating and would probably surface in time anyway. P’s last session was in 1988. In 1989, P experienced her first non-hypnotic memory of sexual abuse by her father. Subsequent memories surfaced from that point forward. Then she remembered the pistol and a broomstick by D1 and remembered dancing around naked. The memory of the anal rape surfaced in 1990. P claimed sexual abuse by her father, D1, and D2 and numerous others including family members and her father’s friends. Ds filed a motion in limine seeking to exclude P’s testimony. That was granted. This appeal resulted.