False Memory Syndrome Foundation - Vol 05 No 02 - 1996 feb

Magazine Overview

This issue of the FMS Foundation Newsletter, dated February 1, 1996, focuses on the controversial topic of recovered memory and its implications for psychotherapy, legal cases, and societal perceptions of child abuse. The newsletter adopts a critical stance towards recovered memory therapy, questioning its scientific validity and highlighting potential harms.

Key Articles and Content

"Multiple Personalities: The Search for Deadly Memories" and Shifting Professional Practices

The editorial notes a positive change in thinking, citing a call from the producer of the HBO documentary "Multiple Personalities: The Search for Deadly Memories." This producer reportedly stated that professionals involved in the film no longer practice the sodium amytal abreactive work shown, suggesting that the Foundation's efforts may have contributed to this shift. The documentary itself is described as valuable for recording the beliefs and practices of some professionals, presenting unchallenged views on recovered memory. The newsletter implies that those who criticized earlier documentaries for being unbalanced should apply similar scrutiny to this HBO production.

Legal Case: $2.5 Million Jury Award to Retractor

A significant legal development is reported: on January 24, 1996, a jury awarded E. Carlson $2.5 million in a malpractice case against Dr. Diane Humenansky. The award was for injuries suffered due to negligent psychotherapy aimed at recovering "repressed memories." The lawyer for the plaintiff, R. Christopher Barden, Ph.D., J.D., is quoted stating that winning this case could pave the way for others and emphasizes the need for the mental health professions to take patients' legal rights seriously and cease using unproven treatments without informed consent.

Washington State Files Charges Against Therapist

The newsletter details a Statement of Charges filed by the State of Washington Department of Health against a certified marriage and family therapist involved in recovered memory therapy. The charges include failing to disclose the controversy surrounding "repressed memory therapy," validating alleged childhood sexual abuse memories without seeking external corroboration, encouraging patients to view family denial as a response to their allegations, and not exploring alternate explanations for "memories" of killings. The therapist also allegedly used "trance work" and hypnotism, encouraged patient isolation, and refused to maintain confidentiality when a patient became suicidal. The conduct is cited as grounds for disciplinary action due to negligence, incompetence, malpractice, or abuse of a client.

Example of Charges in a Legal Situation

This section outlines charges from a lawsuit concerning informed consent. The defendants allegedly failed to disclose that: Multiple Personality Disorder diagnosis and treatment are controversial; the assessment was based on beliefs about a secret, organized Satanic cult; memory recovery techniques are not based on current science; and these techniques could lead to false accusations.

"Don't Miss These Articles"

A list of recommended articles and special issues from journals like "Psychology, Public Policy, and Law" and "Psychiatric Annals" is provided, focusing on "memory work," recovered memories, false memories, and their scientific evidence and implications.

Opinions Around the Country

This section compiles quotes from various publications expressing concerns about the "sex abuse hysteria" and "False Memory Syndrome epidemic." Peter Steinfels of The New York Times quotes Cardinal Bernardin preferring a false accusation over cancer. An Idaho Press-Tribune editorial calls for stiff penalties for frivolous charges but warns against a "witch hunt." Gladden Schrock of Lincoln County Weekly compares the current hysteria to the Salem Witch Trials and McCarthy Hearings. An editorial from Naples Daily News warns that "overzealousness" in fighting child abuse could lead to the freeing of real abusers. The Advocate from Baton Rouge criticizes therapists for confirming delusions rather than helping patients find the truth. Carl Sagan, quoted from Psychology Today, expresses distress over the lack of systematic efforts to disprove psychoanalytic claims and the absence of error-correcting machinery. A Mail on Sunday article notes the troubling pattern of patients retracting memories and being told it proves abuse, likening it to the Salem witch trials. Scott O. Lilienfeld, writing in Skeptical Inquirer, argues for a higher standard of proof for new clinical procedures, especially for conditions like PTSD where effective treatments already exist.

"Recovered Memory" as a "Cottage Industry"

A Los Angeles Times review describes "recovered memory" as a "cottage industry" in the psychiatric, publishing, and theater worlds. Robert Koehler's review notes that basing a conviction solely on uncovered repressed memory without other validating evidence is problematic due to the current state of science. Dorothy Cantor, president-elect of the American Psychological Association, is quoted stating that the science is not yet advanced enough to rely solely on such memories. Katie Roiphe, in Harper's Magazine, critiques the pervasive portrayal of incest in fiction and the "moral panic" surrounding sexual abuse.

Educating Doctors and School Children

An initiative in Adelaide, South Australia, aims to educate doctors about Dissociative Identity Disorder (DID) due to perceived ignorance among medical practitioners. The program involves distributing information packs and educating school children. The South Australian Mental Health Services have provided a grant to promote this movement, though it faces some resistance.

Continuing Medical Education Seminars

Announcements are made for seminars on "Basic Standards of Care in Diagnostic and Therapeutic Practices with Memory and the Process of Family Reconciliation" sponsored by Johns Hopkins Medical Institutions and the FMS Foundation in San Diego, Boston, and Chicago.

Legislative Initiatives

A bill drafted by two state legislators in Colorado is discussed, requiring mental-health workers to document that they advised patients of the nature and consequences of repressed memory therapy. It also proposes a statute of limitations for civil damages related to alleged abuse. An editor's note questions the need for this legislation, citing a lack of credible scientific evidence for implanted false memories.

Statements from Professional Organizations

Statements from the American Medical Association (June 1994) and the American Psychological Association (November 1994) are cited, highlighting concerns about "memory enhancement" techniques in childhood sexual abuse cases being fraught with potential misapplication and the possibility of constructing convincing pseudomemories.

Wisconsin and Indiana Legislation

Wisconsin Assembly Bill 42, establishing criminal penalties for false reporting of child abuse allegations, is mentioned. In Indiana, Senate Bill No 210 aims to protect mental health patients by regulating the use of uncovering psychotherapy, requiring specific training and supervision for providers. Opposition to this bill is noted, with concerns that it might legitimize unscientific techniques.

"Post Traumatic Stress Disorder (PTSD) and the Quality of Facts" by Harold Merskey, D.M.

This article critically examines the argument that the presence of PTSD symptoms proves a past trauma. Merskey argues that Charles Whitfield's assertion that PTSD symptoms (like bad dreams and anxiety) are direct proof of trauma is circular reasoning. He points out that these symptoms can result from various causes, including depressive illness or organic changes, not just psychological trauma. Merskey illustrates this with a hypothetical case of a man found dead with a bruise, where the bruise could indicate murder but also other causes. He criticizes the use of PTSD diagnostic criteria (DSM-IV) where symptoms are taken as proof of a trauma that should be identified first. Merskey also discusses two court cases where "recovered memories" were used as evidence, but the accused were acquitted, highlighting the unreliability of such evidence and the potential for it to be used to create pseudomemories.

"Focus on Science"

This section analyzes scientific articles discussing childhood sexual abuse and memory, emphasizing the importance of understanding methodological limits. It critiques studies that show differences in brain structure (e.g., smaller left hippocampus) in victims of childhood sexual abuse, arguing that such findings may be due to a failure to use properly matched comparison groups. The article suggests that studies often demonstrate differences between psychiatrically ill individuals and healthy individuals, rather than proving that abuse causes specific abnormalities. It proposes that rigorous scientific design, involving carefully matched control groups, is necessary to establish a causal link between childhood sexual abuse and lasting abnormalities.

"A Special Delivery of Some Food for Thought" by August Piper Jr., M.D.

This column features a letter from a reader in Canada posing several questions about the recovered memory movement. The letter asks why people who had unwanted sexual experiences but do not support the "survivors" movement are silent, questions the motives and psychological state of therapists who create "pornographic scenes" to uncover memories, and argues that therapists may be motivated by fear of lawsuits. The reader also challenges the notion that the "recovered-memory" debate is "polarized," suggesting a continuum of opinions exists. Dr. Piper responds to these points, acknowledging the difficulty of the questions, particularly the silence of some individuals. He notes that some professionals are beginning to question the excesses of the movement. Piper also discusses the logical fallacy of proving a negative, relating it to the concept of "robust repression."

Book Review: "Satan's Silence: Ritual Abuse and the Making of a Modern American Witch Hunt"

Jeffrey S. Victor, Ph.D., reviews Debbie Nathan and Michael Snedeker's book. He praises it as investigative journalism that reads like a detective story, exposing the "malicious mischief" of child therapists, prosecutors, and medical doctors involved in false accusations of ritual child abuse. The book is described as a powerful indictment, offering a viewpoint based on solid scientific reasoning and extensive documentation. The review highlights the authors' critique of pseudo-scientific psychological and medical studies used to support claims of ritual child abuse. It also notes the book's discussion of social dynamics, conformity pressures, and the influence of political and economic interests in promoting the "moral panic" over child sexual abuse. The review mentions that the book briefly comments on the FMS Foundation, suggesting its skepticism about ritual abuse is inspiring a re-examination of early cases.

Letter to "Mom"

A poignant letter from a daughter to her mother, asking direct questions about potential childhood sexual abuse and requesting a response to be directed to her therapist, is included. The daughter expresses a desire to deal with the issue immediately for healing.

"Flaws of Memory and False Jewels" by Michael Simpson, M.D.

Dr. Simpson reviews Goulding & Schwartz's "The Mosaic Mind," criticizing its portrayal of the "false memory syndrome" debate. He argues that the book exhibits bias against the FMS position, downplaying lawsuits based on unsupported memory evidence while sympathizing with those based on "false memory syndrome." Simpson contends that the book fails to provide documentation for claims about therapists pushing clients toward victimhood and ignores evidence of therapists working with abused clients. He acknowledges that the book does admit concerns about therapist suggestion and the potential for clients to construct elaborate mental images, and it cites the research of Elizabeth Loftus.

"FMS camp's work has resulted in anything positive would constitute a betrayal of their position."

This quote from the "Flaws of Memory and False Jewels" article suggests that some within the "false memory movement" may view the FMS Foundation's critical stance as a betrayal of their position. The article notes that while some therapists lead clients to abuse conclusions, others help clients retrieve dissociated memories, and that "false memory people are wrong to discount all delayed memories because some may be false."

"The therapist cannot and must not determine the truth."

This significant title of a rebuttal by W.A. Wagenaar is highlighted in the context of Dutch literature on false memories. The article also references the work of Ono van der Hart and colleagues, who are criticized for promoting "recovered memories" as a special phenomenon based on misquoted studies.

Legal Corner: Third-Party Lawsuit Settled in Pennsylvania

This section reports on the settlement of a third-party lawsuit related to allegations of sexual and satanic ritual abuse. The case involved a daughter suing her parents, with the parents later suing health care workers and their employer. The lawsuit, which began in 1990, was dismissed with prejudice after four and a half years. The parents accepted a cash settlement from the insurance companies of the defendants, though the terms are confidential. The family expressed that the settlement award would more than defray their costs and stated that "suing isn't for everyone. It was the right choice for us."

Recurring Themes and Editorial Stance

The recurring themes in this issue revolve around the critical examination of recovered memory therapy, its scientific basis, and its potential negative consequences, particularly the risk of false accusations and the impact on legal proceedings and individual lives. The FMS Foundation's stance is clearly one of skepticism and caution regarding the recovered memory movement, advocating for rigorous scientific standards, informed consent, and ethical therapeutic practices. The newsletter consistently highlights concerns about the lack of empirical evidence supporting recovered memory claims and the potential for therapeutic techniques to create or reinforce false beliefs. There is a strong emphasis on the importance of distinguishing between genuine memories and pseudomemories, and on the need for professional accountability and patient protection. The editorial stance is one of promoting a more balanced, evidence-based approach to understanding and treating trauma, while actively challenging what it perceives as a "moral panic" and "hysteria" surrounding child abuse allegations fueled by unscientific therapeutic practices.

Title: FMS Foundation Newsletter
Issue: February 1996
Publisher: FMS Foundation
Document Type: Magazine Issue

This issue of the FMS Foundation Newsletter delves into several high-profile legal cases and societal debates surrounding recovered memories and False Memory Syndrome (FMS). It features a mix of legal analyses, personal accounts, and organizational updates, reflecting the Foundation's focus on challenging the validity and implications of recovered memory claims, particularly in contexts of alleged child abuse.

Iowa Supreme Court Rules on "Recovered Memories"

The lead article, "IOWA SUPREME COURT RULES INDIVIDUAL 'RECOVERED MEMORIES' DO NOT CREATE MULTIPLE CAUSES OF ACTION," examines the case of *Woodroffe v. Hansen-clever* (1995 Iowa Sup. LEXIS 241). The Iowa Supreme Court affirmed a lower court's decision, ruling that a plaintiff cannot restart the statute of limitations each time a new repressed memory of sexual abuse is recovered. The Iowa Code section 614.8A requires a plaintiff to file a suit within four years of discovering both the injury and its causal relationship to the sexual abuse. The plaintiff, Woodroffe, argued that her statute of limitations should not begin until she had recalled all incidents, or at least those recalled more recently, to ensure full compensation. However, the court found that this would render the statute meaningless, likening it to a "rolling statute of limitations." The court upheld the principle that the statute begins to run when a person gains knowledge sufficient to put them on inquiry notice, even if the full specifics of the problem are not yet known. The plaintiff's appeal on claims of sexual abuse, assault, and intentional infliction of emotional distress was denied.

George Franklin Retrial: Repressed Memories of a Murder

Another significant case covered is the impending retrial of George Franklin for the 1969 murder of Susan Nason. Announced on January 18, 1996, the retrial was expected in March 1996. Franklin's daughter, Eileen Franklin-Lipsker, claimed to have recovered memories of the murder two decades after it occurred. Based on her testimony, Franklin was convicted in 1990 and sentenced to life. However, U.S. District Judge Lowell Jensen ordered a new trial, stating that the "risk of an unreliable outcome in this trial is unacceptable" and that the admissibility of memory does not equate to its reliability. Jensen criticized the trial judge for refusing to admit 1969 and 1989 news accounts that contained details later recalled by Franklin-Lipsker. The case highlights the crucial question of whether juries should trust the reliability of repressed memories for convictions. Dr. Elizabeth Loftus commented on the expected role of repressed memories in this case.

Murder Charges Withdrawn Based on "Repressed Memories"

The newsletter reports on the withdrawal of murder and arson charges against Larry Stegman and Joe Rickman in Massac County, Illinois. The charges, filed in July 1993, were based on the recovered memories of Stegman's daughter, Connie Sievek, concerning the 1967 death of Hattie Barnes. Sievek claimed to have repressed memories of the rape, murder, dismemberment, and disposal of the body. The charges were dropped following a February 1995 ruling by Judge Terry Foster that repressed memories recalled after hypnosis could not be used at trial. The court had to determine the extent to which Sievek's memory was tainted by hypnosis. A motion for a pre-trial evidentiary hearing on the reliability of repressed memories was filed, and the case was dismissed before a ruling. The defense attorney, Paul Henry, provided information for this report, noting that Sievek had a history of mental illness and that hypnosis and questionable therapeutic techniques may have been employed. The prosecutor had initially denied the use of hypnosis, but court-ordered production of medical records revealed that Sievek had indeed been hypnotized. The therapist's notes indicated that hypnosis was used to enhance memory, leading the court to bar testimony that could not be established as existing before hypnotherapy. Additional motions challenged the competency of Connie and her sister, Jennifer, to testify about events from their early childhood. The case was dismissed when the state entered a nol prose. Subsequently, Mr. Stegman filed a suit against his daughters, Sievek's psychotherapist Sylvia Dickey Smith, and hypnotherapist Dr. Armando Martinez, alleging a conspiracy to inflict economic ruin and emotional distress through fabricated memories.

Assistant DA Found Innocent of Molestation Accusation

In a case from Hidalgo County, Texas, a jury ruled against a San Antonio woman who accused Assistant District Attorney Omar Jaime Garza of sexual assault that allegedly occurred when she was four years old and he was about 13. Reagan Acker Centeno filed a $5 million lawsuit, claiming she repressed memories of the events until April 1992. Defense attorney William McCarthy argued that memory was the central issue and that factors like marijuana use affected Centeno's memory. Dr. Kit Harrison testified that "Repressed Memory Syndrome" does not exist and that professionals are not qualified to diagnose it.

Memories of Abuse Not Enough to Convict

A jury in London, Ontario, Canada, found an accused father not guilty of sexual abuse charges. Justice Dougald McDermid advised the jury to "use your common sense." The complainant testified to recovering clear memories of sexual abuse between ages one and 16, including a rape at age 12. While the defense sought to stay charges due to destroyed counseling records and the possibility of false memories, the judge ruled that the defense had not shown the missing records were relevant or that the defendant would be denied a fair trial.

Supreme Court of Canada on Counseling Records

The Supreme Court of Canada, in *Regina v. Beharriell*, refused to create a privileged class of communication for counselors comparable to solicitor-client privilege. The court unanimously held that defendants should have access to private counseling records in certain circumstances, weighing the right to a full defense against a victim's privacy. The majority ruled that trial judges must give considerable weight to the right of an accused to a full defense when deciding on applications for records, requiring a "relevance threshold" to prevent speculative requests.

Reader Contributions and FMSF Activities

The newsletter includes several "From Our Readers" sections, featuring personal stories and reflections. One father writes about his daughter's reconciliation after years of estrangement, attributing it partly to FMSF support meetings. Another reader shares a "miracle" reunion with a loved one after five years. A letter from a father expresses his pain over his daughter's "delusional fiction" and the questioning of his reality. Another piece details a difficult mediation process with a son who made accusations of sexual abuse, leading to a partial reconciliation. A clinical social worker praises the Foundation's information for helping families dealing with accusations.

There are also letters detailing the impact of FMSF on families, including a mother who found hope through support meetings and a father who is creating a video for his grandchildren to explain the situation. A letter from a "Conference Attendee" expresses concern about the increasing diagnosis of Dissociative Identity Disorder (DID) and the potential for untrained therapists to misdiagnose using tools like the SCID-D.

The "Make a Difference" section encourages readers to engage in advocacy, sharing examples from Florida, Maine, New York, and Vermont where individuals have educated legislators, attended jury trials, initiated continuing education programs for social workers, and provided information to government officials.

Updates on FMSF meetings are provided, including state-specific meetings and international contacts. The newsletter also announces that FMSF has met its matching fund drive goal and is now registered with United Way organizations. Information on free library displays about false memories is also available.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the legal and societal challenges posed by recovered memories, particularly in cases of alleged sexual abuse. The FMS Foundation consistently presents a critical perspective on the concept of repressed memories, highlighting cases where accusations based on such memories have been dismissed, withdrawn, or questioned due to issues of reliability, hypnosis, and potential fabrication. The newsletter emphasizes the importance of due process, the potential for false memories, and the devastating impact these allegations can have on families. The editorial stance appears to be one of skepticism towards recovered memory claims as a basis for legal action and a focus on supporting families affected by such accusations, while also advocating for more rigorous scientific and legal scrutiny of memory recovery techniques. The inclusion of biblical references in one article suggests a moral framework that prioritizes parental honor and condemns false accusations.