False Memory Syndrome Foundation - Vol 03 No 07 - 1994 july

Magazine Overview

Title: FMS Foundation Newsletter
Issue Date: July 6, 1994
Publisher: FMS Foundation
Volume: 3, Number 7

This issue of the FMS Foundation Newsletter critically examines the phenomenon of recovered memories, particularly in the context of childhood sexual abuse allegations, and its implications for individuals, families, and the therapeutic community. It features statements from medical and psychological organizations, personal accounts, and legal analyses, all contributing to a discourse questioning the validity and methodology of 'Recovered Memory Therapy' (RMT).

AMA Statement on Recovered Memories

The newsletter leads with a reprint of a statement from the American Medical Association's Council on Scientific Affairs, issued on June 16, 1994. The AMA reaffirms its 1984 position on the limitations of hypnosis and specifically questions the authenticity of recovered memories, stating they are "of uncertain authenticity, which should be subject to external verification" and "fraught with problems of potential misapplication." The AMA identifies "memories" that surface only in therapy and those from infancy or late childhood as particularly controversial.

Review of FMSF Survey Data

In response to the AMA statement, the FMS Foundation reviews data from a survey conducted between March 1992 and August 1993. Of 399 surveys, 54% of accusers claimed to have recovered memories from age three or younger, and 34% from age two or younger. The survey also asked families about the alleged end age of abuse, with 60% of respondents indicating the abuse continued after age 11, though the accuser was unaware until memories were recovered in therapy. The newsletter argues that these findings warrant investigation into FMSF reports, criticizing the refusal of accusers, their therapists, and licensing boards to provide a forum for examination, labeling this behavior as "guilt by accusation" and a "witch hunt."

New Therapies and Concerns

The newsletter reports on a new therapy called Eye Movement Desensitization and Reprocessing (EMDR), which is described as a technique for finding trauma memories. It notes that there are no independent studies on its effectiveness or safety and no sound scientific theory behind it, relying instead on personal testimonials. Letters from families whose children "recovered memories" using EMDR are mentioned.

The Role of "Retractors"

A significant portion of the newsletter is dedicated to "Retractors" – individuals who have abandoned recovered memories. It announces that the newsletter "The Retractor," founded by Melody Gavigan, will be taken over by FMSF. The accounts of former RMT patients highlight their journey to understand their therapy experiences and their desire to move forward, often seeking to reconcile with families torn apart by these accusations. A common request from retractors is not to be labeled.

Death of Nicholas Spanos

The newsletter announces the death of Dr. Nicholas Spanos, a renowned hypnosis researcher, in a private airplane crash on June 7, 1994. Dr. Spanos's work focused on issues related to FMS and space-alien abduction, with a study concluding that those claiming to see flying saucers were "ordinary folks with normal imaginations." He was also a vocal critic of current hypnosis uses for recovering memories. The newsletter calls for upholding his standards of science and scholarship.

Hypnosis Research and Perspectives

The newsletter delves into the differing perspectives on hypnosis, contrasting the work of Nicholas Spanos with that of Martin Orne. Spanos's research suggested that hypnotic behaviors were "cognitive-behavioral" responses, fulfilling task requirements and therapist expectations. Orne, on the other hand, argued that hypnosis is a special "trance" state. The newsletter frames this as a "tension" and an "exciting process of science."

Pseudoscience and Memory

An article discusses how to "sell pseudoscience," citing Carl Sagan's observations. It contrasts the vitality of real science with the methods used in pseudoscience, suggesting that "recovered memory therapy" contains elements of pseudoscience. A list of techniques used to promote pseudoscience is provided, including creating a phantom, rationalization, manufacturing credibility, establishing a "granfalion" (social reality control), self-generated persuasion, and vivid appeals over statistics.

How to Know if Memories are False

Former patients surveyed by FMSF were asked how they know if memories of abuse were false. The difficulty in proving a recovered memory false is acknowledged, as it can be as complex as proving a continuous memory objectively true. Retractors often report that their memories did not "fit" with reality, were disconfirmed by concrete information (like physical evidence), or felt like a blurring between fantasy and reality. Some describe their false memories "growing" during therapy with increasing detail.

The Levy Case

The newsletter details the "Levy Case," adapted from articles in the Globe and Mail. Harold Levy, a Toronto Star journalist, was arrested on nine offenses based on recovered memories. The accuser later recanted, stating she was influenced by therapists and social workers. The case highlights the need for prosecutors to exercise caution with allegations arising from therapy sessions.

Reduced Charges and Whitfield's Checklist

This section discusses how parents have been told that "memories" were metaphors for feelings of abuse and that families were "dysfunctional." It cites Charles Whitfield, M.D., a critic of FMSF, and includes his "Recovery Potential Survey" checklist, which readers can use to assess if they are adult children of dysfunctional families.

Legal Corner: Analysis of the Ramona Decision

Jim Simons, J.D., analyzes the Ramona Trial Court decision. The verdict was mixed: the court recognized the right of a third-party plaintiff to sue in a false memory case, but the jury awarded no damages for emotional distress. Gary Ramona was awarded $250,000 for past lost earnings and $250,000 for future lost earnings. The article discusses the legal arguments, the jury's findings on negligence, and the court's reasoning for allowing Gary Ramona, as a non-patient, to sue the defendants.

Public Policy Considerations

The legal analysis extends to public policy, questioning whether allowing a right of action to a third party in false memory cases serves the public interest. Arguments for and against are presented, including the balance between a therapist's right to practice without interference and the community's interest in protection from quackery, and the right of clients to choose therapy versus the right of individuals not to be falsely accused.

FMSF Budget and Needs

The newsletter provides a financial update for the FMS Foundation, detailing expenses and revenues for the fiscal year ending February 28, 1994, and the budget for the current year. It also includes a request for a typewriter.

American Medical Association Report (Continued)

The AMA report continues, discussing the controversy surrounding "repressed memories" and "recovered memories." It notes that while some individuals find corroborating information for their memories, others do not. The report emphasizes that there is no completely accurate way of determining the validity of reports in the absence of corroborating information. It also references related AMA policies on child abuse and the use of hypnosis in refreshing recollection, outlining specific safeguards for its use in investigative contexts.

Recurring Themes and Editorial Stance

This issue consistently adopts a critical stance towards Recovered Memory Therapy (RMT) and the methods used to elicit such memories, particularly hypnosis and EMDR. The FMS Foundation Newsletter champions scientific rigor, evidence-based practice, and the rights of the falsely accused. It highlights the potential for harm caused by unsubstantiated allegations and advocates for a cautious approach to memory recovery techniques. The editorial stance is clearly aligned with questioning the validity of recovered memories and supporting individuals who retract such claims, emphasizing the need for critical evaluation and scientific scrutiny in psychological practice. The newsletter also promotes reconciliation within families affected by these issues.

The FMS Foundation Newsletter, July/August 1994 issue, delves into the contentious topic of "Memory and Reality: Reconciliation," focusing on scientific, clinical, and legal aspects of False Memory Syndrome. The newsletter highlights the challenges in verifying recovered memories, particularly in cases of alleged childhood sexual abuse, and discusses the implications for therapy and legal proceedings.

Policy and Legal Concerns

The newsletter begins by referencing a policy developed as part of CSA Report K (I-84), which concluded that while information reported under hypnosis might be accurate, it can also include confabulations and pseudomemories. The report stated that hypnosis-induced recollections appear less reliable than non-hypnotic recall, a statement the newsletter deems an accurate summary of empirical literature. It notes that neither the AMA nor the Council has studied other memory enhancement aspects like amytal or age regression, with a forthcoming review of amytal concluding it has no legitimate use in recovered-memory cases. Rigorous scientific assessments of other memory enhancement methods are unavailable.

Legal concerns are traced to lawsuits filed by accusers, especially against parents. The newsletter acknowledges that while such lawsuits may help abuse victims regain control, public policy might necessitate standards of proof beyond recovered memories for legal judgments. Illinois has extended the time allowed for filing suits, while California has adopted laws requiring evidence beyond recovered memories for a plaintiff to prevail.

Therapeutic Issues

The role of therapists in developing new memories is a key focus. It is established that a trusted person, like a therapist, can influence an individual's reports, including memories of abuse. Reports indicate therapists advising patients that their symptoms suggest abuse, even if the patient denies it. Research shows that repeated questioning can lead individuals to report events that never occurred, and the dynamics of suggestibility are still being understood.

However, other research indicates that some survivors of abuse do not remember being abused, at least temporarily. While some research relies on self-identified survivors, other studies are based on documented cases of childhood sexual abuse. Williams's study found that over one-third of women with documented abuse failed to report victimization 17 years later, with many appearing "amnesic for the abuse." There are also instances where recovered memories have been proven correct.

The newsletter concludes that empirical evidence supports both sides of the argument regarding memory malleability. While memories are acknowledged as malleable and not always accurate, there is no consensus on the extent or sources of this malleability. Therapists are advised to exercise care, maintain an empathic posture, and prioritize the Principles of Medical Ethics, considering a second opinion in some cases.

AMA Conclusions and Recommendations

The AMA has a long-standing concern about child abuse. The Council on Scientific Affairs recommends the adoption of several statements:

1. The AMA should recognize that few cases of childhood sexual abuse accusations based on recovered memories can be proved or disproved, and distinguishing true from imagined memories is currently unknown.
2. Physicians should address the therapeutic needs of patients reporting memories of childhood sexual abuse, irrespective of the claims' veracity.
3. Policy 515.978 should be amended to state that the AMA considers recovered memories a technique of "memory enhancement" in childhood sexual abuse to be of uncertain authenticity, requiring external verification, and fraught with potential misapplication.
4. Physicians, particularly psychiatrists, should subscribe to the Principles of Medical Ethics when treating patients, with special attention to annotations applicable to psychiatry.
5. Policy 80.996, concerning refreshing recollections by hypnosis, should be reaffirmed.

Research Reviews and Studies

The newsletter reviews several studies and articles. The "Williams Study" involved 100 women, mostly African-American, who were examined 17 years after being treated for childhood sexual abuse. The study found that 38% were amnesic for the abuse or chose not to report it, with the conclusion that most non-reports were due to forgetting rather than deliberate choice, as many women were willing to report other sexual victimizations. However, the newsletter critiques this conclusion, noting that for some victims, the abuse occurred before the age of childhood amnesia, making recall unlikely regardless of memory accuracy. It also cites Pope (1994) who suggests that the 38% figure might be explained by people not disclosing events on interviews, citing other investigations where a significant percentage of individuals failed to disclose past events, even recent ones.

Another study by Femina and colleagues also conducted follow-up interviews on individuals with documented childhood sexual abuse. Pope (1994) notes that in a subsequent interview, 8 out of 11 patients who had initially denied abuse acknowledged remembering it but had chosen not to disclose it during the first interview.

References are provided for these studies, including works by Herman, Piper, Loftus, Polonsky, and Fullilove.

FMSF Meetings and Conference Information

The newsletter lists numerous state and local FMSF meetings across the United States and Canada, along with contact information for organizers. It also announces a "Memory and Reality: Reconciliation" conference to be held December 9-10 & 11, 1994, at the Stouffer Harborplace Hotel in Baltimore, Maryland. A registration form and fee schedule are included, detailing costs for FMS Foundation members and nonmembers, with options for advance, on-site, and one-day attendance. Hotel accommodation information is also provided.

Bibliography and Publications

A section lists recent additions to the bibliography, including magazine and newspaper articles, as well as professional articles related to memory, therapy, and abuse accusations. It also promotes the bound edition of the 1993 FMS Foundation Newsletters and lists subscription rates for the newsletter.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently addresses the complexities and controversies surrounding false memories, recovered memories, and their impact on individuals and society. The editorial stance appears to be one of critical examination, emphasizing the need for scientific rigor, caution in therapeutic practices, and a balanced consideration of legal and ethical implications. The newsletter advocates for a thorough understanding of memory processes, acknowledging both the potential for repression and the risks of confabulation and suggestibility. It aims to provide information and resources for families, retractors, and professionals involved in these issues, promoting dialogue and further research.