False Memory Syndrome Foundation - Vol 06 No 01 - 1997 jan

Magazine Overview

Title: FMS Foundation Newsletter
Issue: Vol. 6 No. 1
Date: January 1, 1997

This issue of the FMS Foundation Newsletter delves into the complex and often controversial topic of repressed memories, particularly in the context of alleged childhood sexual abuse. It highlights the ongoing 'Memory Wars,' critiquing the practices of the 'Psychology Industry' and examining the scientific, legal, and personal ramifications of memory recovery therapies.

Editorial Introduction and Context

The editorial, signed by Pamela, reflects on the changing landscape surrounding memory issues, noting that discussions which were once met with predictable attacks are now more open. It references a conference on 'Memory and Reality' and presents data from the FMSF Family Survey, indicating that a significant percentage of reports involve claims of abuse occurring from birth through four years of age, with long periods of alleged amnesia. The editorial emphasizes the need for extraordinary proof for extraordinary claims and touches upon the emotional toll on families.

Focus on Science: The Emperor's Tailoring

Dr. Harrison Pope, M.D., in his article 'The Emperor's Tailoring,' critically examines the application of modern technology, such as neuroimaging (MRI, PET scans) and neuropsychological testing, to the study of trauma and memory. While acknowledging that these studies reveal physiological changes in trauma victims and affect memory function, Pope argues that it is a logical fallacy to infer from these findings that people can 'repress' memories of traumatic events. He uses the analogy of brain size and intelligence, and male vs. female brain size, to illustrate how correlation does not imply causation. Pope cautions against drawing conclusions about repressed memories solely from indirect scientific evidence, emphasizing the need for direct testing of hypotheses.

He critiques techniques like EMDR (Eye Movement Desensitization and Reprocessing), stating that while proponents claim effectiveness based on inferences from sleep studies and trauma responses, there is a lack of properly designed studies to support its efficacy. Pope concludes that one should not speculate about the details of a phenomenon until its existence is first assessed.

Legal Corner and Case Summaries

The newsletter features several legal cases and developments related to repressed memory claims:

• Arizona Court of Appeals Restricts Application of Discovery Rule in Repressed Memory Claims: The court considered whether the discovery rule applies to repressed memory claims, remanding the case for further determination on the admissibility of evidence.
• First FMS Case in England Ends in Acquittal: A man accused of sexual abuse had charges dismissed after the prosecution offered no evidence, with the defense using False Memory Syndrome, and experts concluding the accuser's story was not wholly from authentic memory.
• Jury Verdict Favoring Plaintiff in Repressed Memory Case is Reversed by Utah Judge: A judge overturned a jury verdict and award, ruling that testimony based on hypnotically enhanced techniques, similar to hypnosis, was unreliable and inadmissible in Utah.
• Family Awarded $1 Million as Victim of False Allegations in Out-Of-Court Settlement: A Missouri family settled a lawsuit for malpractice, negligence, and defamation against a counselor who allegedly planted false memories of childhood sexual abuse in their daughter.
• Final Defendants Settle in Texas Malpractice Case: A settlement was reached in a malpractice suit where the family alleged therapists misdiagnosed MPD and implanted false memories of sexual abuse and cult participation.
• Malpractice Suit Settled Against Washington Therapist: A psychologist settled a malpractice suit after allegedly encouraging a patient to believe she had been sexually abused, despite her having no memories of the incidents.
• Negligence Suit Against Therapist is Resolved: A negligence suit alleging implantation of false memories of child sexual abuse and satanism was resolved by a confidential agreement, and the therapist's license was revoked.
• Canadian Children's Aid Blasted as Father Wins: An Ontario father sued the Children's Aid Society for backing false accusations of molestation, and the court upheld a verdict against the agency for biased investigation.
• Mistrial Declared; Man Free in Repressed Memory Rape Case (California): A criminal case based on 'recovered repressed memories' ended in a mistrial, with the jury unable to reach a decision and the defense arguing the defendant's name was planted in the girl's mind.
• Memory Case Heard in Ontario Canada (Regina v. Blom): A defendant was found not guilty of sexual assault charges, with the court finding the complainant's memory flawed and containing significant gaps.
• Ontario Canada Jury Acquits Man of Six Charges in Repressed Memory Case (Regina v. Ross): A former psychologist was acquitted of sexual assault charges, with the judge dismissing some counts and the jury unable to reach a verdict on others, as allegations of repressed memory testimony were refused.

Conferences and Programs

The newsletter announces two upcoming events:

• Continuing Education Program: 'What's New in the "Memory Wars"' on March 21, 1997, in Baltimore, MD, co-sponsored by Johns Hopkins Medical Institutions and FMSF, offering continuing education credits for professionals.
• Family Focused Conference: 'Memory and Reality: Next Steps' on March 22-23, 1997, at the BWI Marriott in Baltimore, MD, designed for both professionals and families.

Make a Difference

This section highlights efforts by individuals and organizations to counteract the harm caused by False Memory Syndrome (FMS). It mentions a positive response from 'Chatelaine' magazine to reader complaints about advice on recovering memory, indicating a review of their policies. It also features a professor of psychology who invited an FMSF representative to address his graduate class, emphasizing the importance of educating future mental health professionals. An example from Wisconsin details successful efforts to counter a one-sided presentation, leading to a television and radio program, a newspaper article, and an invitation for Dr. D. Triffert to present Grand Rounds.

Fundraising and Member Contributions

The newsletter thanks members for their generous response to the Annual Pledge Drive, noting that the Foundation is close to meeting its target. It includes testimonials from members expressing how the newsletter and the Foundation have helped them gain understanding and cope with their experiences.

Reconciliation

A testimonial from 'A Dad' describes a significant repair in his family's relationship with their daughter, attributing the Foundation's contribution to solving the problem.

Other Announcements

• The Wisconsin Association of Family and Children's Agencies (WAFCA) is sponsoring a seminar on False Memory Syndrome on April 29, 1997, in Waukesha.
• The newsletter includes a special thanks to those who helped prepare it, listing editorial support, research, notices, production, columnists, and readers.

Recurring Themes and Editorial Stance

The recurring themes in this issue revolve around the controversy of repressed memories, the alleged manipulation within the 'Psychology Industry,' the legal battles surrounding these claims, and the scientific scrutiny of memory recovery techniques. The FMS Foundation's stance appears to be one of skepticism towards claims of repressed memory without strong corroborating evidence, advocating for critical thinking, and highlighting the potential for harm caused by certain therapeutic interventions. The newsletter aims to inform its readers about ongoing developments, provide support, and encourage proactive engagement in addressing these issues.

This issue of the FMS Foundation Newsletter, dated January 1997, focuses on the ongoing controversies and legal battles surrounding False Memory Syndrome (FMS) and recovered memories, particularly in the context of alleged child sexual abuse. The newsletter features a compilation of FMS-related events from 1996, reader letters sharing personal experiences, and information about the FMS Foundation's activities and membership.

From Our Readers

The 'From Our Readers' section includes several poignant letters from individuals grappling with the aftermath of accusations, often linked to recovered memories and therapy. One mother writes about her estranged daughter, noting that while three other children are doing well, the relationship with one remains difficult, though she continues to send gifts and notes. Another letter, from a daughter to her father, expresses gratitude despite past perceptions possibly influenced by 'mental illness.'

A significant portion of this section is dedicated to a letter from a mother responding to a previous letter, emphasizing the importance of keeping doors open to accusing children and the painful, lengthy process of recovery and reconciliation. She stresses that hope must come from within and that time is a major factor.

A father recounts his experience after falsely accusing his two daughters, detailing a difficult conversation and a subsequent fax from one daughter, an attorney, outlining strict conditions for resuming contact. These conditions included accepting responsibility for harm caused and acknowledging that 'recovered memories' and related concepts have been discredited. The father's response rejects these terms, suggesting the daughter consult a therapist who does not subscribe to the 'pop concept of recovered memories' and encouraging her to face the facts with an open mind.

Another mother shares her perspective on her daughter's accusations, noting that her daughter initiated contact with an apology. While the accusation of abuse by her father (influenced by her psychiatrist) was painful, she accepted her daughter back, hoping for a later retraction. She also mentions her husband's interactions with his daughter.

A letter from 'A Retractor' details her experience of retracting sexual abuse allegations against her father after six years. She credits her retraction and family reconciliation to her faith and the influence of a movie about Paul Ingram, which led her to research FMS. She shares that her family has since reunited and prays for her sister who has not retracted her accusations.

An announcement calls for accused parents who are also therapists to connect for a meeting in Baltimore in March 1997. The contact persons are Ellen Starer and Allen Feld.

Another entry describes a family's decision to meet with their daughter's counselor after nearly seven years of 'hell.' They were advised to approach the meeting calmly, without anger, and to avoid accusing the therapist of planting false memories.

A mother writes about her ongoing efforts to restore her family, seeking help from a therapist who initially did not recognize them but became upset upon learning who their daughter was. She questions whether other therapists are now using similar tactics to those described in her statement and expresses hope for the return of her children.

Finally, a letter from 'Your daughter' offers advice to parents on how to help their children feel loved, especially during the holiday season. She warns parents not to let therapists find signs of their self-pity or rejection, as therapists may twist this information against them. She emphasizes the power of genuine, unconditional love.

Highlights of FMS-Related Events in 1996

This extensive section chronologically lists significant legal and professional events related to FMS and recovered memories throughout 1996. Key highlights include:

• January: A Minnesota jury awarded $2.5 million in a malpractice suit against Dr. Diane Humenansky. The Supreme Court of Canada granted accused individuals the right to demand private counsel. A North Carolina court granted a motion to exclude evidence derived from alleged repressed memories. A California civil suit claiming repressed memories was voluntarily dropped, with a settlement for childhood photographs. A Portage Co., Ohio jury acquitted parents of sexual assault charges, despite the daughter's claims of repressed memories. A repressed memory civil suit in Ohio was also dropped. A malpractice suit in California was settled out of court.
• February: The Tennessee Court of Appeals declined to apply the discovery rule to toll the statute of limitations in repressed memory cases, citing a lack of objective evidence. The Superior Court of Pennsylvania also ruled that the 'discovery rule' does not toll the statute of limitations for repressed memory claims. Six people arrested in Wenatchee, Washington, filed suits against state and local agencies for civil rights violations. The Washington Department of Health filed charges related to recovered memory therapy.
• March: FMSF cosponsored a continuing education program on diagnostic and therapeutic practices with memory and family reconciliation. The Texas Supreme Court held that objective verification is required for the discovery rule. A third-party suit was initiated against a daughter's therapist after murder charges based on repressed memories were withdrawn. A repressed memory civil suit in Washington was dropped. A malpractice suit against psychologist Richard J. Boylan settled. Psychotherapist Kathleen King Goodfriend surrendered her license after allegedly pressuring a victim to falsely identify her father. A malpractice suit against therapists and a hospital settled. The Canadian Psychiatric Association issued a statement affirming the importance of external corroboration in knowing the truth of memory.
• April: The Supreme Judicial Court of Maine ruled that repressed memories cannot serve as the basis for equitable estoppel to toll the statute of limitations. A California jury awarded $1.1 million to two sisters claiming recovered repressed memories of sexual abuse. Therapist Alfred Ells had his certificate to practice revoked in Arizona. A motion to dismiss third-party claims for negligence and intentional infliction of emotional distress was denied by an Oregon Court.
• May: Data from the Washington State Crime Victims Compensation Program indicated some patients worsened with therapy. FMSF sponsored a continuing education program in Philadelphia. The Arizona Supreme Court ruled that PTSD is insufficient to extend the statute of limitations under the disability exception. A Pennsylvania Court ruled a therapist owed a duty to third-party parents. A U.S. District Court judge found the reliability of repressed memory phenomena to be established scientific fact. Ontario, Canada Justice J. Langdon found expert testimony on syndrome evidence inadmissible.
• June: A special issue of Psychoanalytic Dialogues focused on the 'False Memory' controversy. FMSF filed an amicus curiae brief. The U.S. Supreme Court upheld the privilege of psychotherapists to refuse to disclose patient communications in federal court. Dr. Diane Humenansky's insurance company reportedly settled with former patients. A malpractice suit filed by former patient Peggy Tillman settled.
• July: Maryland Court of Appeal ruled that repressed memory claims are insufficient to extend the statute of limitations. Rhode Island Supreme Court instructed trial courts to hold evidentiary hearings in repressed memory cases and overturned a conviction. Pennsylvania Superior Court reversed a murder conviction and ordered a new trial. Alabama Supreme Court ruled that alleged repressed memory claims do not qualify as a disability to extend the statute of limitations.
• August: Illinois Appellate Court refused to apply the discovery rule to repressed memory cases. A federal judge in Missouri dismissed a repressed memory suit. Four new lawsuits were filed against Genesis Associates and its therapists. Two Kern County couples were freed from prison following dismissal of their convictions of child molestation.
• September: U.S. District Court of Appeals dismissed a repressed memory suit as barred by Texas' statute of limitations. Eight former clients sued counselor Joseph Gardner, alleging brainwashing into false claims of sexual assault. The Idaho Board of Psychologist Examiners revoked the license of Dr. Mark D. Stephenson.
• October: FMSF sponsored a continuing education program in Chicago. A malpractice suit against Dr. Phillips settled. An Arizona Appeals Court held that repressed memory claims may invoke the discovery rule under certain conditions. A California criminal case based on 'recovered repressed memories' resulted in a hung jury. A settlement was reached in a malpractice suit involving therapists who allegedly implanted false memories.
• November: The Washington State Department of Labor and Industries held a public hearing on administrative rule changes. FMSF filed an amicus curiae brief in Pennsylvania. The Rutherford family was awarded $1 million in an out-of-court settlement. The first criminal case in England involving an FMS defense ended in acquittal. An Ontario judge found a defendant not guilty of sexual abuse charges based on repressed memory.
• December: A jury verdict favoring the plaintiff in a repressed memory case in Utah was reversed by a District Court judge.

FMSF Activities and Membership

The newsletter also includes information about FMSF's ongoing work, including sponsoring continuing education programs and filing amicus briefs. Details are provided for yearly FMSF membership, with different rates for professionals and families, and information on how to subscribe to the newsletter. Contact information for FMSF offices and a list of upcoming meetings across the US and internationally are also included.

Memory and Reality: Next Steps

This section previews the upcoming third national conference sponsored by the Foundation, which will focus on future challenges in understanding false memory syndrome, combining therapeutic, scientific, legal, philosophical, and family perspectives. It highlights that presentations will be augmented with informal Roundtables.

Recurring Themes and Editorial Stance

The recurring theme throughout this issue is the complex and often contentious nature of recovered memories, particularly in the context of alleged child sexual abuse. The newsletter presents a range of perspectives, from personal accounts of reconciliation and retraction to detailed legal case summaries highlighting challenges in the justice system. The FMS Foundation's stance appears to be one of critical examination of memory retrieval techniques, emphasizing the need for scientific rigor, external corroboration, and careful consideration of potential therapeutic iatrogenesis. The editorial stance is to provide information and foster understanding of the issues surrounding false memory syndrome, supporting both victims of abuse and those falsely accused.