Assessing allegations of sexual assault during hypnosis and related procedures

Abstract

There are a number of reasons why those professionally involved with hypnosis may be asked by people outside the field for their knowledge and advice. One occasion is when the criminal and civil justice systems require expert assistance in legal cases in which hypnosis, or a related procedure, has been or may have been involved. The author of this paper has been asked for his opinion on 14 cases in which it has been alleged that the defendant sexually assaulted the complainant while he was undertaking hypnosis with him or her. In this article, the author discusses some of the issues involved in assessing, as an expert witness, such allegations, with particular reference to the relationship of hypnosis and will. In the author's opinion, to address the issue of the passivity and compliance that many complainants exhibit in these cases requires a detailed consideration of social psychological factors inherent in the doctor-patient or therapist-client relationship, rather than factors specific to hypnosis. However, there are a number of aspects of the context and manner in which hypnosis may be conducted that could render the patient or client more passive and compliant and therefore possibly more vulnerable to sexual assault.