False Memory Syndrome Foundation - Vol 05 No 05 - 1996 may

Magazine Overview

Title: FMS Foundation Newsletter
Issue Date: May 1, 1996
Volume: 5, Number 5
Publisher: FMS Foundation
Country: USA
Language: English

This issue of the FMS Foundation Newsletter critically examines the controversial practice of recovered memory therapy, presenting data and arguments that challenge its scientific validity and highlight potential harms. The newsletter features articles on research findings, legal cases, legislative activities, and expert opinions, all contributing to a debate about the reliability of memory and the ethical considerations in psychotherapy.

Key Articles and Content

"Does recovered memory therapy help patients get better?"

This lead article presents data from the Washington State Crime Victims Compensation Program, where out of 670 repressed memory claims, 30 were closely examined. The findings suggest that recovered memory therapy may not be beneficial and can even be detrimental. Of the 30 claimants, 29 were women and 29 were Caucasian, with a median age of 39. A significant number of claimants experienced negative outcomes after recovering memories, including increased suicidal ideation, hospitalization, self-mutilation, divorce, and estrangement from family. The average cost of repressed memory claims was substantially higher than non-repressed memory claims. The article criticizes the mental health profession for its silence on these issues and the continued funding of such therapies.

"A Social Political Movement"

This section discusses how the debate around memory is not just scientific but also a sociopolitical movement. It recounts an incident at the Southwestern Psychological Association meeting where a recovered memory advocate disrupted a scientific presentation by Dr. Elizabeth Loftus, highlighting the polarized nature of the discussion.

"Smear is an indication of Sociopolitical Movement"

This piece from Psychology Today defends Elizabeth Loftus against a smear campaign, suggesting that her expertise and challenge to established taboos have made her a target. It notes that many recovered memory convictions have been overturned, partly due to Loftus's work.

"CANADIAN PSYCHIATRIC STATEMENT DISCOURAGES CONFRONTATION"

The Canadian Psychiatric Association issued a position statement emphasizing the importance of external corroboration for memory truth. It discourages confrontation with alleged perpetrators for therapeutic purposes, stating there is no reliable evidence that such actions are therapeutic. The statement also notes that psychotherapy based on the assumption that common symptoms indicate abuse may lead to deleterious effects, including increases in self-injury and suicide attempts.

"FOCUS ON SCIENCE"

This section delves into the scientific methodology behind memory research. It discusses the concept of 'measurement error' and 'false positives' in scientific studies, using examples like radar guns misidentifying objects. The article argues that anecdotal case reports, while potentially hypothesis-generating, are not sufficient scientific evidence for phenomena like repressed memory. It stresses the need for testable and falsifiable theories with known error rates, comparing the lack of such standards in recovered memory therapy to pseudoscience.

"LEGISLATIVE ACTIVITY"

This section details recent legislative developments concerning mental health services and statutes of limitations for childhood sexual abuse cases.

• Informed Consent Bill Passed in Indiana: Senate Bill No 210 requires mental health providers to obtain written consent from patients before providing services, with specific requirements for the consent to include the provider's qualifications.
• Statutes of Limitation: Several states are enacting or considering legislation to extend statutes of limitations for criminal and civil matters involving childhood sexual abuse. New Jersey has eliminated the statute of limitations for sexual assault cases under certain conditions. The article notes that these legislative changes are often influenced by testimony advocating for the 'delayed discovery rule' in cases of repressed memory.

"LEGAL CORNER"

This section covers legal cases related to repressed memory.

• Maine's Highest Court Prohibits "Repressed Memory" from Providing a Basis for the Application of Equitable Estoppel to Toll the Statute of Limitations: The Supreme Judicial Court of Maine ruled in Nuccio v. Nuccio that repressed memories alone cannot be used to extend the statute of limitations, emphasizing the need for clear and satisfactory proof and the importance of repose for defendants.
• Issue of duty owed to a third party to be reviewed in two repressed memory cases: This discusses cases where third parties (e.g., parents) claim injury from scientifically unproven therapies that implant or reinforce false memories. The legal question is whether therapists owe a duty of care to these third parties.
• Lindgren v. Moore: This case involves allegations that therapists induced 'False Memory Syndrome' in a patient, leading to her falsely accusing her father. The court is reconsidering whether Illinois law allows IIED and loss of society claims by third parties in such cases.
• Ex-teacher wins new trial on sex charges (Vancouver Sun): The British Columbia Court of Appeal ordered a new trial for a defendant accused of sex offenses, finding that the defense was denied adequate access to the complainant's therapeutic records, which were crucial for demonstrating how therapy might have influenced memory retrieval.
• California jury awards plaintiffs $1.1 million after judge rejects motion to hold a pre-trial Kelly/Frye hearing: A jury awarded significant damages to two sisters who claimed recovered repressed memories of childhood sexual abuse by their father, despite the father's denial.

"READERS' RESPONSES TO 'FOOD FOR THOUGHT'"

This section features responses to a previous column. One reader from Washington outlines reasons why psychotherapy might contribute to false memories, including lack of objective standards, inadequate training, and a tendency for professionals to tolerate incompetence. The reader also warns about "Barnum Descriptions" – ambiguous statements that people tend to believe are uniquely accurate for them, which can influence therapeutic outcomes and contribute to overdiagnosis of conditions like Multiple Personality Disorder and false memories of abuse.

"ARTICLES RECENTLY ADDED TO FMSF BIBLIOGRAPHY"

This section lists recent articles and publications relevant to the FMSF's work, covering topics such as invented memory, Freud's theories, personality profiles related to assault, Satanic Ritual Abuse (SRA), Dissociative Identity Disorder (DID), and the controversy surrounding repressed memory.

"NATIONAL PUBLIC RADIO, WEEKEND EDITION - A Delusion of Satan: The Full Story of the Salem Witch Trials"

This is a summary of a radio discussion about the Salem Witch Trials, drawing parallels between the mass hysteria of that era and the current phenomenon of recovered memory, suggesting that suggestive therapeutic practices can lead to the creation of false memories.

"Continuing Education"

Information on continuing education programs for psychologists and social workers, including a program on "Appropriate Standards of Care in Working with Memories."

"SAN DIEGO AUDIO TAPES AVAILABLE"

Information on purchasing audio tapes from a FMSF/Johns Hopkins conference on memory and family reconciliation.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently adopts a critical stance towards recovered memory therapy, viewing it as a potentially harmful, scientifically unsupported movement rather than a legitimate therapeutic practice. Recurring themes include:

• Lack of Scientific Validity: The newsletter repeatedly emphasizes the absence of empirical evidence supporting the concept of repressed and recovered memories and criticizes the reliance on anecdotal evidence and subjective testimony.
• Potential for Harm (Iatrogenic Effects): A major concern is that recovered memory therapy can create false memories, leading to devastating consequences for individuals and families, including false accusations, broken relationships, and psychological distress.
• Legal and Legislative Battles: The newsletter closely follows legal cases and legislative efforts related to statutes of limitations, equitable estoppel, and the admissibility of recovered memory evidence in court.
• Critique of the Mental Health Profession: The newsletter expresses frustration with the perceived silence and inaction of mainstream psychological organizations in addressing the criticisms and potential harms associated with recovered memory therapy.
• Distinction Between Science and Pseudoscience: The newsletter advocates for rigorous scientific standards, contrasting them with what it characterizes as the sociopolitical or pseudoscientific nature of the recovered memory movement.

The editorial stance is one of advocating for evidence-based practices, protecting individuals from potentially harmful therapeutic interventions, and promoting a more critical and scientifically grounded approach to understanding memory and trauma.

This issue of the FMS Foundation Newsletter, dated May 1996, focuses on the legal and therapeutic implications of repressed memory testimony, child abuse allegations, and the criminal justice system. It features news updates, legal analyses, book reviews, and reader contributions, all centered around the theme of false memories and their devastating impact.

Legal Updates and Court Cases

The newsletter reports on several legal developments concerning repressed memory testimony. A motion to limit the use of such testimony in a pre-trial hearing was rejected by Judge Bryan McMillan, who stated that the jury must decide the credibility of the claims. Defense attorneys intended to file a motion for a new trial based on the judge's denial of a special hearing on the admissibility of expert testimony.

In Florida, the Court of Appeals upheld the dismissal of a repressed memory case, ruling that a 1992 statute of limitations could not be applied retrospectively to claims already barred by an earlier statute. The court rejected the plaintiffs' argument that financial support from parents constituted continuing control, estopping the defendants from asserting the statute of limitations defense.

Oral arguments were heard by the Maryland Court of Appeals regarding whether the concept of repressed memory meets the Frye-Reed standard and if it merits application of Maryland's discovery rule. The outcome remained pending.

A criminal case against former police captain Anthony Rubino, based on a woman's alleged repressed memories of repeated rapes in the 1970s, was set for trial. The judge denied a motion to block evidence derived from these memories, stating their credibility was a jury matter.

An evidentiary hearing was completed in a U.S. District Court case (Shahzade v. Gregory) concerning repressed memory testimony. Testimony from experts discounted the scientific validity of repressed memories, though one expert noted that victims' flashes of traumatic memory can be reliable, but not necessarily form an accurate narrative.

A malpractice suit against Sacramento clinical psychologist Richard J. Boylan by three former patients was settled out of court. Boylan's licenses were revoked after patients alleged he used his belief in extraterrestrial life and UFOs to diagnose and treat them, leading to dependency and inappropriate requests.

Therapist Malpractice and Disciplinary Actions

The newsletter highlights a case where a therapist's certificate was revoked by the Arizona Board of Behavioral Health Examiners. The therapist, Alfred Ells, was accused of telling a client she was possessed by demons and implying her father had sexually abused her. Ells had previously been on probation due to complaints that therapists under his supervision wrongly convinced patients they were abused as children.

Another case involved psychotherapist Kathleen King Goodfriend, who surrendered her license amid allegations that she coerced an 8-year-old rape victim into falsely identifying her father as the attacker. This led to the father's arrest and charges, despite exculpatory DNA evidence.

Book Review: "Convicting the Innocent"

The book review focuses on Donald S. Connery's "Convicting the Innocent: The Story of a Murder, a False Confession, and the Struggle to Free a 'Wrong Man.'" The book examines the case of Richard Lapointe, convicted of rape and murder based on a confession obtained after a lengthy interrogation, despite his mental and physical handicaps. The review emphasizes the book's exploration of coerced, involuntary false confessions and the need for citizen involvement in overseeing the criminal justice system. It also references other cases of wrongful convictions due to false confessions, such as those of Johnny Lee Wilson and Rolando Cruz.

Reader Contributions and FMSF Activities

Several reader letters address personal experiences with the recovered memory movement. One letter, from "A Retractor," describes how time can wear away "imposter parents" created by therapy, revealing the real, loving parents. Another letter from "A Mom and Dad" discusses their daughter's false allegations and their decision not to reconcile. A "Concerned" reader suggests that ineffective therapy sessions can be filled with topics like numerology, tarot cards, astrology, alien abduction, or satanic ritual abuse.

The "Make a Difference" section encourages active citizen involvement and highlights efforts to amend state childhood sexual abuse statutes to include evidentiary and procedural safeguards. It mentions the importance of educating courts and legislatures on the scientific understanding of repressed memory theory.

FMSF activities are listed, including upcoming meetings across various states and international locations, as well as information on how to subscribe to the newsletter and become a member.

Recurring Themes and Editorial Stance

The recurring themes throughout this issue are the unreliability of repressed memory testimony, the potential for its misuse in legal proceedings, and the devastating consequences of false accusations and confessions. The FMS Foundation's stance is critical of the recovered memory movement, viewing it as a source of wrongful accusations and significant harm to individuals and families. The newsletter actively promotes awareness and encourages citizen engagement to reform the legal and therapeutic systems that are perceived as vulnerable to the influence of repressed memory claims.