Where EMDR therapy is undertaken after a complainant has given police statements and there is no evidence of any change in the witness's recollection, the therapy does not provide a basis for exclusion of the complainant's evidence under s 137 of the Evidence Act 1995 (NSW). The prior cases on EMDR and hypnosis (Jenkyns, Tillott, KG, JG) are confined to situations where the therapy was used to revive or enhance memory. Ongoing disclosures of sexual abuse over a period of years are a highly relevant factor supporting admissibility of later complaints as 'fresh in the memory' under s 66(2).
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