False Memory Syndrome Foundation - Vol 05 No 07 - 1996 july

Magazine Overview

Title: FMS Foundation Newsletter
Issue Date: July 1, 1996
Volume: 5, No. 7

This issue of the FMS Foundation Newsletter focuses on the ongoing controversies surrounding False Memory Syndrome (FMS) and recovered memories, particularly in the context of psychotherapy and legal proceedings. The publication aims to provide information and support to families affected by these issues, while also engaging with scientific and clinical perspectives.

Editorial and Community Updates

The editorial, "Dear Friends," addresses the frequent questions received by the FMS Foundation regarding progress towards "sanity" and the perceived condemnation of psychotherapy. The foundation clarifies its position: it seeks professional help to restore families and distinguish true abuse cases from false memories, emphasizing that while psychotherapy is a needed service, certain memory recovery techniques are unsafe. The editorial notes that while children are returning to families and reconciliation is occurring, it is a slow process. A significant meeting with the American Psychiatric Association and the National Association of Social Workers is highlighted as a positive step towards institutional change.

Announcements include an upcoming meeting of the "Friends of the False Memory Syndrome Foundation" in Chicago on October 5, 1996, and a continuing education program in Chicago on October 4, 1996, focusing on "Clinical Issues in Dealing with False Memories: Prevention and Family Reconciliation." The newsletter also mentions an increasing number of groups calling for Congressional Hearings into injustices arising from false allegations of sexual misconduct.

Focus on Science: Memory and Trauma

This section critically examines scientific articles related to childhood sexual abuse, memory, and trauma responses. It emphasizes the importance of understanding the methodological limits of such studies.

Do Trauma Victims "Learn" to Dissociate?

This article questions the theory that individuals can develop psychogenic amnesia for traumatic events, particularly repeated ones, by "learning" to dissociate. It reviews the reasoning behind this theory, citing Dr. Lenore Terr, but notes the lack of methodologically sound quantitative studies comparing memory in victims of single versus multiple traumas. A study involving sickle cell anemia patients attempting to learn self-hypnosis to manage pain is discussed, suggesting that even with expert training, dissociation is only modest and does not obliterate memories of major traumatic events. The article concludes that it is unlikely a child could spontaneously achieve such a level of dissociation to forget entire abuse experiences.

Book Reviews and Analyses

Several books are reviewed, offering different perspectives on memory and trauma:

• "Searching for Memory: The Brain, the Mind, and the Past" by Daniel L. Schacter: This book is praised for its discussion of amnesia and dissociation. Quotes highlight the need for evidence-based medicine in psychiatry and question the validity of recovered memory therapy without supporting evidence. It also discusses dissociation as a potential explanation for amnesia in abuse survivors, noting that extensive dissociation might imply a dissociative disorder.
• "Memory: Remembering and Forgetting in Everyday Life" by Barry Gordon: This book debunks the myth that emotional trauma leads to forgetting, stating that hormones released during crises actually help preserve memories. It explains that "repressed" memories are scientifically questionable and that statistics show a high rate of false diagnoses in medical tests, paralleling the issue of false accusations in recovered memory cases.
• "A critical review of recovered memories in psychotherapy" by Joel Paris: This article suggests that while clinicians should inquire about traumatic events, reliable memories are those present throughout a patient's life, and trauma is only one factor among many explaining psychopathology.

Legal Corner and Policy Issues

This section delves into legal rulings and policy discussions relevant to false memory claims.

Parents, Siblings Join Retractor in Lawsuit

This report details the case of Beth Rutherford, who recanted her accusations of sexual abuse against her father and sued her therapist. Her parents and siblings joined the action, highlighting the devastating impact of such allegations.

Some Suits against Humenansky Settled

Dr. Diane Humenansky's insurance company settled with former patients who accused her of planting memories of abuse, indicating a pattern of such allegations.

Arizona Supreme Court Rules that PTSD is Insufficient to Extend the Statute of Limitations

The Arizona Supreme Court ruled that a diagnosis of Post-Traumatic Stress Disorder (PTSD) alone is not sufficient to extend the statute of limitations for sexual abuse cases. Expert affidavits must provide specific facts to support a claim of "unsound mind."

U.S. Supreme Court Upholds the Privilege of Psychotherapists to Refuse to Disclose Patient Communications

The U.S. Supreme Court affirmed the psychotherapist-patient privilege, recognizing its importance for effective treatment. This privilege was extended to social workers, though the court noted that exceptions may exist in cases of serious threats of harm.

Patient-Therapist Privilege and Access to Clinical Records

This article discusses how privilege in repressed memory claims may be overcome, particularly when the plaintiff relies on therapist notes and observations to prove their case. It highlights the need for access to clinical records to evaluate the therapy process itself.

International and Comparative Data

A Bigger Net

Data from Australia and Britain suggest that while child abuse expenditures have increased, the number of substantiated cases has remained stable. Similar patterns are observed in New Hampshire and South Dakota, where the growth in child protection agency budgets has not correlated with a decrease in founded abuse cases.

Argus Leader, February 13, 1996 (South Dakota)

This report indicates a decrease in substantiated child abuse reports in South Dakota, while unsubstantiated cases are increasing, raising concerns about false accusations.

Clinical Cautions and Professional Practices

Clinical Cautions in the Use of Hypnosis with Repressed Memories

This article by Anthony R. Quintiliani, Ph.D., emphasizes strict guidelines for memory work related to trauma, stressing that the burden of proof for repressed memories rests with practitioners and courts. It reviews scientific evidence suggesting that hypnotically refreshed memory and the construct of repression may be unreliable, citing numerous studies and reports from organizations like the AMA and APA.

Professionals Lack Consensus about the use of Hypnotic Techniques for Recovering Memories

A study of U.S. and British practitioners reveals that while many use techniques like hypnosis to help clients recover memories of childhood sexual abuse, there is a lack of consensus on their reliability. The study indicates that 25% of respondents reported a focus on memory recovery and high rates of memory recovery in their clients.

Book Review: "Symposium on the 'False Memory' Controversy"

This review of "Symposium on the 'False Memory' Controversy" from "Psychoanalytic Dialogues" examines papers by Adrienne Harris and Jody Messlet Davies. The review highlights the tension between the psychoanalytic approach, which emphasizes the constructed nature of memory and narrative, and the need to address the real-world suffering of patients. It discusses the challenges of reconciling constructivism with the reality of sexual abuse and critiques the "False Memory Syndrome Movement" for caricaturing analytic practice. The review also touches upon the concept of "dissociation" and its slippery definition, as well as the potential for therapeutic practices to influence or create memories.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the controversy surrounding False Memory Syndrome, the reliability of recovered memories, the ethical and scientific challenges in psychotherapy involving memory recovery, and the legal implications of such claims. The FMS Foundation Newsletter consistently advocates for caution regarding memory recovery techniques, emphasizes the need for scientific evidence, and supports families seeking to distinguish true abuse from potentially fabricated memories. The editorial stance is one of critical inquiry into the methods and claims associated with recovered memory therapy, while also acknowledging the reality of abuse and the need for effective therapeutic interventions.

This issue of the FMS Foundation Newsletter, dated July/August 1996, focuses on legal cases and developments related to false memory syndrome (FMS) and recovered memory therapy. It includes updates on court rulings, malpractice suits, and personal accounts from individuals and families affected by these issues. The newsletter also lists FMSF meetings across the US and internationally.

Legal Cases and Expert Testimony

The issue begins with a discussion on the admissibility of expert opinion testimony in child sexual abuse cases, referencing a U.S. Senate Report and a dissenting opinion by Justice Scalia questioning the cost to truth and justice. A significant report details the Ontario, Canada Court's decision in *Regina v. Wakabayashi*, where Justice J. Langdon ruled expert testimony on syndrome evidence inadmissible due to logical inconsistency and prejudice. The court argued that such testimony, which attempts to explain behaviors as consistent with past sexual abuse, does not address whether the behaviors are also consistent with not having been abused, rendering it of "utterly without probative value."

Malpractice and Implantation of False Memories

Several articles highlight cases involving alleged implantation of false memories by therapists. The *Tuman v. Genesis Associates* case in Pennsylvania is discussed, where parents sued therapists for allegedly implanting false memories of sexual assault and satanic rituals in their daughter. While some claims were dismissed, others, including negligence and breach of contract, remained. The court noted that therapists may owe a duty of care to parents under certain circumstances.

A Seattle Post-Intelligencer report details a settlement where a Washington State hypnotherapist paid $700,000 to a former patient who caused a fatal car accident after developing beliefs about satanic cults due to implanted memories. The patient, Patricia Rice, sought help for weight loss and smoking but instead recalled memories of sexual abuse by satanists through hypnosis.

Another case, *Deborah David v. numerous California mental health professionals*, resulted in a summary judgment for the defendant. David had sued for malpractice after her therapist allegedly implanted repressed memories of sexual abuse and ritualistic molestation. The court ruled that David should have known of her injury earlier, based on California's statute of limitations.

Legal Updates and Appeals

The newsletter provides updates on ongoing legal matters. The *State of California v. Franklin* case, involving the murder of a child 20 years prior, is mentioned, with the trial hinging on the testimony of the daughter, Eileen Franklin-Lipsker, who claimed repressed memories. Her sister's testimony contradicted Eileen's claim of not having been hypnotized, raising questions about the admissibility of hypnotically enhanced memories.

The *Wenatchee situation* is reported, where a 13-year-old girl recanted her testimony of sexual abuse, which had led to multiple convictions. Her recantation may open possibilities for appeals, though proving the truth of the recantation is challenging.

Paul Ingram, a former Thurston County deputy sheriff, is seeking a pardon after serving part of a sentence for confessing to raping his daughters during satanic rituals, claims he now denies. Testimonies from experts like Elizabeth Loftus and Richard Ofshe were heard at a hearing.

The *Amirault appeal* is noted, concerning a conviction for sex crimes allegedly committed at Fells Acres Day School. The convictions of his mother and sister were overturned, and the state is appealing.

In another case, Gary Wayne Mogensen was freed after 10 years in prison due to newly discovered evidence supporting his innocence in a sexual abuse conviction, including the recantation of his daughter's testimony and allegations of false expert testimony.

Reader Contributions and Support

The "From Our Readers" section includes a letter from a parent falsely accused of inflicting sexual and satanic ritual abuse, detailing how their daughter's therapist allegedly implanted memories and led to family estrangement. Another letter, "Letter to My Sister," describes the painful impact of rumors and accusations of incest on a family.

Personal accounts like "Retraction is a Process" and "Letter to My Wife's Therapist" share experiences of individuals who realized their recovered memories were false and the devastating impact of such therapy on relationships and family. "Suprise Encounter" and "Her Brother Can't Forgive" reflect ongoing estrangement and the difficulty of reconciliation.

"How Do I Start?" is a plea from a mother whose son is allegedly being fed false accusations of abuse by his therapist, leading to family breakdown and financial hardship. A response to FMSF's program on appropriate standards of care emphasizes the need for therapists to avoid over-influencing clients and creating falsehoods.

FMSF Activities and Resources

The newsletter includes a "Make a Difference" column encouraging readers to promote FMS-related books and information. It also lists FMSF meetings, contact information, and resources like free library displays. The "Yearly FMSF Membership Information" section outlines subscription and membership options.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the dangers and unreliability of recovered memory therapy, the legal ramifications of false memory accusations, the impact on families, and the role of therapists in potentially creating or exacerbating these issues. The FMS Foundation clearly positions itself as an advocate for those harmed by these therapeutic practices, providing a platform for sharing experiences, legal updates, and support. The editorial stance is critical of therapies that lead to false accusations and family estrangement, emphasizing the importance of factual accuracy and ethical standards in psychological practice.