Healing versus Justice? Part 3

Inspired by the advocacy of Dr Katie Bird, who was denied access to justice after she had EMDR therapy, this 3-part series has explored a critical question - can EMDR therapists support their clients in healing without jeopardising their future access to justice?

In this episode, Dr Jenny Dwyer reflects on the nature of trauma, the likelihood of delayed and partial disclosure, and the circumstances that make it possible, even likely, that the legal system and EMDR may intersect for many clients.

Drawing on current discourse in the EMDR community, legal context and emerging consensus, she provides some much needed guidance for therapists. While acknowledging the real difficulties in this area, she cautions against therapists becoming unnecessarily intimidated by the legal system; and outlines a set of 'Principles for Practice' that can inform therapy and guide reflection.

Resources

This podcast is proudly sponsored by EMDR Academy Australia

For a copy of the Principles for Practice, contact us: https://emdracademy.com.au/contact-us/

Articles of interest - Challenging the false memory myths of EMDR

https://www.frontiersin.org/journals/psychology/articles/10.3389/fpsyg.2024.1366137/full

https://www.researchgate.net/publication/334584387_Lateral_Eye_Movements_Do_Not_Increase_False-Memory_Rates_A_Failed_Direct-Replication_Study#fullTextFileContent

Media coverage of EMDR and the law

ABC News 9 March 2026

https://www.abc.net.au/news/2026-03-09/mental-health-emdr-therapy-may-have-cost-katie-justice/106425114

The Law Report ABC Radio National:

https://www.abc.net.au/listen/programs/lawreport/does-emdr-therapy-taint-witness-recollection/106595274

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