False Memory Syndrome Foundation - Vol 05 No 09 - 1996 oct

Magazine Overview

This issue of the FMS Foundation Newsletter, dated October 1, 1996, is the fifth volume, ninth issue. It addresses critical topics related to the false memory syndrome, child abuse allegations, and the legal and psychological ramifications.

Editorial and Cover Story

The cover story, framed as a letter to 'Dear Friends,' discusses the cross-examination of an appellant and his wife in a court case, highlighting improper questions that pressured them to comment on the credibility of the complainant and the possibility of fabrication. The newsletter notes this as a significant decision that acknowledges the prejudicial questioning faced by families.

Inside Content

The newsletter features several articles and sections:

• Inside: A table of contents lists articles such as 'Piper,' 'Focus on Science,' 'Feld,' 'Perry,' 'Legal Corner,' and 'From Our Readers.'

• Court of Appeal for Ontario, August 28 and 29, 1996: This section details examples of questions asked during a court case, focusing on how witnesses were put in a difficult position regarding their husband's potential conviction.

• Has the FMS Foundation been too successful?: This editorial questions whether the Foundation's success in raising awareness has led to professionals attacking families rather than offering compassion for child-loss grief.

• MEMORY AND REALITY: NEXT STEPS (MARCH 22 AND 23, 1997): An announcement for a family conference in Baltimore, celebrating the Foundation's fifth anniversary, featuring presentations on legal task force findings and speakers like Drs. Chris Barden, Pamela Freyd, Elizabeth Loftus, and Paul McHugh. A continuing education program with Johns Hopkins Medical Institutions is also mentioned.

• Child Abuse Statistics: The newsletter presents statistics on child abuse, noting a significant increase in reported cases while the number of investigated cases has fallen. It highlights that children of single parents face a higher risk of harm.

• Crime Victims Compensation Reports: Data from California and Oregon are presented, detailing grants for various types of victimization, including child physical abuse, child sexual abuse, adult sexual assault, and adults molested as children.

• Prosecuting Child Physical Abuse Cases: A comment from the National Institute of Justice is included, noting that more cases of child sexual abuse are prosecuted than physical abuse or neglect, despite the latter's higher incidence.

• Foundation Office Move: An announcement that the FMS Foundation has moved its office, inviting members and critics to visit.

• Calls to the Foundation: The newsletter mentions receiving calls from individuals questioning recovered memories, including one who retracted false memories.

• A Way to Help Someone Who Believes in the Irrational by August Piper Jr., M.D.: This article discusses the difficulty of dealing with irrational beliefs and the challenges of addressing 'recovered memories' of alleged abuse.

• SPECIAL THANKS: Acknowledgment is given to individuals who helped prepare the FMSF Newsletter.

FOCUS ON SCIENCE

This section critically examines scientific articles on childhood sexual abuse, memory, and trauma responses. It highlights the methodological limitations of retrospective studies, particularly concerning 'recovered' memories and the concept of repression. The article uses examples to illustrate how retrospective designs can lead to faulty conclusions, emphasizing the need for properly designed prospective studies.

• Hypnosis and Memory: The newsletter discusses how hypnosis can increase productivity but also lead to errors and increased confidence in both correct and incorrect material. It notes that while hypnosis can be a tool, it requires careful handling and corroboration, especially in legal contexts.

• Book Reviews:
• MAKING MONSTERS and VICTIMS OF MEMORY Updated by Richard Ofshe and Ethan Watters is reviewed by Allen Feld. The review praises the book for its forceful approach to identifying lapses in science and therapeutic techniques in recovered memory therapy.
• Mark Pendergrast's Victims of Memory: Sex Abuse Accusations and Shattered Lives is also reviewed. It is noted as a well-researched book with an extensive bibliography, updated to reflect evolving scientific and legal developments.
• HYPNOSIS AND FALSE MEMORIES: HOW FALSE MEMORIES ARE CREATED by Ronald L. Stephens is reviewed by Campbell Perry, Ph.D. The review points out factual errors and methodological weaknesses in the book, particularly its overemphasis on leading questions and its uncritical acceptance of hypnosis for memory retrieval.

Legal Corner

This section provides summaries of legal cases related to repressed memory and child abuse allegations:

• U.S. District Court of Appeals Dismisses Repressed Memory Suit (Knode v. Hartman): A case where a repressed memory claim was barred by the statute of limitations, with the court finding that 'recovered' memories were not sufficient for objective verification.

• Court of Appeal for Ontario Chastises Prosecution (Regina v. Fawcett): The court criticized the Crown counsel for improper and abusive cross-examination that prejudiced the defendant and deprived him of a fair trial, ordering a new trial.

• California Appellate Court Follows Minority Interpretation of Statute of Limitations (Sellery v. Cressey): A case where the California 'discovery rule' was applied to extend the time for filing a sexual abuse claim, contrasting with decisions in other states that dismissed similar claims as time-barred.

Other Sections

• Christian TV Singer Sued by Parents for Libel: A report on a lawsuit filed against Christian singer Jeffrey Fenholt for allegedly making false claims of abuse.

• A Book of Interest: A review of 'The Politics of Child Abuse in America' by Costin, Karger, and Stoesz, which analyzes the child abuse industry and suggests the creation of a 'Children's Authority.'

• Headlines: Several headlines are presented, indicating issues within the child welfare system, such as unqualified psychologists, criminals as foster parents, and abused children housed in tents.

• ONE RECOVERED MEMORY THERAPIST'S VIEW OF RECONCILIATION: A form for reconciliation is presented, outlining steps for addressing harm and seeking forgiveness.

• Did you know that?: A brief note about a psychiatric hospital pleading no contest to charges of patient referral kickbacks.

• Letters: Charlotte Vale Allen offers to respond to reader letters.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the critique of recovered memory therapy, the legal battles surrounding child abuse allegations, and the importance of scientific rigor in understanding memory. The FMS Foundation maintains a critical stance towards practices that it believes can lead to false accusations and harm to families, advocating for a more compassionate and evidence-based approach to dealing with trauma and grief. The newsletter emphasizes the need for critical evaluation of therapeutic techniques and legal proceedings, particularly concerning repressed memory claims.

Title: FMS Foundation Newsletter
Issue: October 1996
Publisher: FMS Foundation
Country: USA
ISSN: 1069-0484

This issue of the FMS Foundation Newsletter focuses on legal cases and personal accounts related to recovered memory therapy and its potential for causing false memories and psychological distress. The publication aims to inform the public and professionals about the controversies and consequences surrounding this therapeutic approach.

Legal Cases and Malpractice

Sellery Case and Statute of Limitations

The newsletter discusses a case where a plaintiff, Sellery, claimed profound abuse only after undergoing therapy that included dissociative trance work, hypnosis, and guided imagery. The trial court dismissed the suit as barred by the statute of limitations because she admitted conscious memory of some abuse. However, the appeals court reversed this, concluding that the statutory amendment was intended to extend the limitations period even for plaintiffs who always recalled their abuse. The court held that the date when a plaintiff should have discovered the causal connection between abuse and injuries is a triable issue of fact, not grounds for summary judgment.

Fultz v. Carr and Walker: Oregon Malpractice Case

This section details the settlement of a recovered memory case in Oregon involving Jennifer and Kevin Fultz against two psychologists, Dr. Cyril Walker and Dr. Sophia Carr. This was the first Oregon case alleging professional malpractice for recovered memory therapy. Dr. Walker settled for $1.15 million, and Dr. Carr settled for a confidential amount. The lawsuit stemmed from Jennifer Fultz's therapy with Dr. Carr, during which she developed a belief system involving multiple personalities and abuse by a Satanic cult. The therapy allegedly led Jennifer to obtain restraining orders against her family and flee with her children. The case highlighted the therapists' potential personal beliefs in organized, intergenerational Satanic cults, which contradicted their deposition testimony.

Missouri Repressed Memory Claim Dismissed

In a Missouri case, Jennifer Stocker sued her grandparents, Ralph and Marjorie Stracke, alleging repressed memories of childhood abuse. U.S. District Judge Dean Whipple dismissed the suit mid-trial, stating the plaintiff offered no evidence to support her claim. The grandparents countersued, and a jury awarded them $125,000 in damages for intentional infliction of emotional distress. The jury found that Jennifer and her parents, Greg and Patricia Stocker, were liable. The defense successfully argued that many of Jennifer's "recovered" memories were factually impossible, such as an event supposedly occurring before the family home was built.

California Jury Awards $1.9 Million for Negligent Treatment

A San Diego jury ordered therapist Virginia Humphrey to pay $1.9 million in a malpractice suit. Humphrey had treated a five-year-old girl following her parents' divorce and reported the father to Child Protective Services, alleging the child had been molested. The child's allegations became increasingly bizarre, leading to a juvenile court petition against the father, which was ultimately dismissed in his favor. Jurors cited Humphrey's "serious lack of competence" and recommended that state officials investigate her professional license.

Colorado Court of Appeals on Therapist Immunity

The Colorado Court of Appeals reversed the dismissal of a suit against therapist Clare Haynes-Seman. The plaintiff alleged that Haynes-Seman acted willfully and wantonly in conducting an evaluation regarding abuse allegations. The court ruled that qualified immunity for public employees is lost if their conduct is found to be willful and wanton, remanding the case for further proceedings.

Former Clients Sue Sex-Abuse Therapist in Michigan

Eight former clients sued their counselor, Joseph Gardner, and his employer, Eagle Village, alleging he brainwashed them into making false claims of sexual assault by their families. The suit seeks over $100 million in damages, with at least five more women planning to sue. Gardner's methods were criticized by former employees, and the suit alleges he acted beyond his authority.

Genesis Associates Litigation Continues in Pennsylvania

Four new lawsuits were filed against Genesis Associates and its therapists in Pennsylvania, following a confidential settlement in a previous case. These suits allege that therapists implanted false memories, causing a daughter to change her identity and flee. One suit claims patients were pressured to have false memories, including those involving Satanic rituals, and were threatened with insanity or death if they left the program. Genesis Associates and its therapists have also sued a group of critics, alleging defamation and a plot to drive them out of business.

Reader Contributions and Personal Stories

"A True Story" from a Dad

A father shares how he reconnected with old friends who revealed their daughter had made accusations of abuse against them ten years prior. He has sent them FMSF material and expects to hear from them.

"To Parents" from a Retractor

This reader advises parents not to lash out at accusing children, urging them to keep the door open for reconciliation. The writer shares their own experience of confronting their adoptive parents and the guilt of having told lies, emphasizing the importance of family connection.

"Families Should be Interviewed"

A mother and licensed clinical social worker stresses the importance of family interviews in cases of alleged sexual trauma. She advocates for exploring historical data with other family members before a treatment plan is established, highlighting the potential damage of incorporating false reports of sexual trauma.

"A Sham" from a Mom

A mother describes the difficult process of her daughter's return to the family after 15 months of separation due to accusations of satanic ritual abuse. She notes that while her daughter is physically present, her mind seems controlled by her therapist, and the "reconciliation" feels like a "sham" due to the lingering effects of recovered memory therapy.

"From a Retractor to a Member of her Former Survivor Group"

This letter addresses "K" and explains how false memories can happen, citing the lack of biblical support for repressed memories and the influence of psychological theories. The writer shares their realization that their "recovered" memories were not true and expresses concern about Christian counselors promoting such theories, leading to the tearing apart of Christian families.

"What is her reality after therapy?"

Another mother shares the ongoing challenges of her daughter's return to the family after a period of therapy. She describes the daughter's defensiveness and avoidance of controversial topics, and expresses uncertainty about how to approach her without causing further distress, given her negative prior therapy experience.

FMS Foundation Information

Make a Difference

This section encourages readers to get involved and highlights the growth of FMSF from a small group to over 17,000 individuals reporting similar experiences. It mentions specific actions, such as a successful complaint to the Counsellor Training Institute of Canada that led to the removal of "Courage to Heal" from their reading list.

Free Library Displays

Information is provided about free library displays available through SIRS Publishers to inform people about false memories and their effects.

Filing Complaints Against Therapists

Detailed instructions are given on how to file complaints against licensed and unlicensed therapists, including contacting state licensing boards and the Attorney General's office. It also mentions states that license massage therapists and the potential for them to engage in psychotherapy.

FMSF Membership and Subscriptions

Details are provided on how to subscribe to the FMSF Newsletter and become a member of the False Memory Syndrome Foundation, including subscription rates for USA, Canada, and foreign countries, as well as professional and family membership options.

FMSF Meetings

A comprehensive list of FMSF meetings across the United States, Canada, and internationally is included, with contact information for organizers and details on meeting frequency and times.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently advocates for critical examination of recovered memory therapy and its potential harms. The publication highlights legal challenges, malpractice cases, and personal testimonies that illustrate the negative consequences of this therapeutic approach. The editorial stance appears to be one of caution and skepticism towards recovered memory claims, emphasizing the importance of evidence-based practices and the protection of individuals and families from potentially damaging therapeutic interventions. The newsletter also serves as a platform for support and information sharing among those affected by false memories and related issues.