Wilson

I concur in the lead opinion, but add this to emphasize that today’s decision is not inconsistent with our decision in Trear v. Sills (1999) 69 Cal.App.4th 1341 [ 82 Cal.Rptr.2d 281 ]. In Trear we expressed skepticism of the induced recall of old memories (in language that should have been more precise, perhaps) and suggested the method used might be subject to evaluation per People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ]. ( Trear, supra, at pp. 1345 and 1345-1346, fn. 14.) That is not this case.

Here we recognize that spontaneously regained and “jogged memory” recollections are commonplace 1 and merely an evidentiary issue for the judge and jury to deal with under existing rules. (See, e.g., Evid. Code, § 771.) Indeed, under some circumstances such evidence may be received even if the witness now lacks present memory. (Evid. Code, §§ 1237-1238.)

A petition for a rehearing was denied July 30, 1999, and appellant’s petition for review by the Supreme Court was denied October 6, 1999. Kennard, J., was of the opinion that the petition should be granted.

Wilson’s recollection was spontaneous; Nemeth’s was apparently triggered by Wilson’s telling her about…

John R. Phillips appeals from a judgment following a jury finding that he sexually battered and intentionally inflicted emotional distress on his daughter Stephanie Marie Nemeth and his stepdaughter La Donna Wilson. Phillips contends the court erroneously admitted expert testimony on the phenomenon of repressed memory. He also argues the statute of limitations governing childhood sexual abuse claims lacks sufficient safeguards to protect against false allegations of molestation. We affirm.

I

Late one evening in December 1989, Wilson, then age 30, awoke to get a drink of water. When she returned to her room, she had a disturbing memory of Phillips molesting her as a child. Until then, Wilson had never remembered being molested. She was so distraught by the memory that she ran into the bathroom and vomited.

Over the next few months, Wilson began recalling that Phillips regularly molested her from the time she was four years old until she turned sixteen. In the spring of 1990, Wilson divulged the memories to her family, including Nemeth. Not long after that, Nemeth, then age 25, started having dreams and flashbacks about Phillips molesting her from ages 3 through…