Memory’s frailty may be playing a role in the Kavanaugh matter

NEW YORK—She says he sexually assaulted her; he denies it. Is somebody deliberately lying?

Not necessarily. Experts say that because of how memory works, it’s possible that both Supreme Court nominee Brett Kavanaugh and Christine Blasey Ford— the woman who says a drunken Kavanaugh pinned her to a bed and groped her at a party when they were teenagers in the early 1980s—believe what they say. And which one of them believes his or her version more strongly is no tipoff to what really happened.

“Confidence is not a good guide to whether or not someone is telling the truth,” said Nora Newcombe, a psychology professor at Temple University in Philadelphia. “If they think they’re telling the truth, they could plausibly both be confident about it.”

As the nation ponders the accusations from Ford that could derail Kavanaugh’s nomination, the possibility that one of them simply got it wrong has been floated on Capitol Hill. Ford’s lawyers have said some senators appear to have made up their mind that she is “mistaken” and confused. Republican Sen. Orrin Hatch of Utah told CNN, “Somebody’s mixed up.”

Experts say a person’s memory is not like a video recorder, perfectly capturing an objective record of everything that happens for later retrieval.

“Memory is mostly true but sometimes unreliable,” said psychologist Jennifer Talarico of Lafayette College in Easton, Pennsylvania. Generally, “we get the gist mostly right.”

“You are constructing the reality out there as it happens, and therefore you get stuck with that … as the most accurate you can have for your memory,” said David Rubin, a professor of psychology and neuroscience at Duke University. “That’s all you have to base your memory on.” So in a situation where a woman fears being raped by a man, her memories might be shaped by that fear into a recollection that overestimates the threat, whereas the man might consider it “just playing around” and simply forget it later on, Rubin said. And both could be completely honest about their recollections.