False Memory Syndrome Foundation - Vol 06 No 10 - 1997 nov

Magazine Overview

This issue of the FMS Foundation Newsletter, dated November 1997, focuses heavily on the controversy surrounding recovered memories of child sexual abuse, the therapeutic techniques used, and their legal and scientific implications. The cover story highlights the prestigious British Royal College of Psychiatrists' October 1, 1997, recommendations that advise against 'memory recovery techniques' due to a lack of evidence and potential for harm.

Royal College of Psychiatrists' Recommendations

The newsletter reprints key paragraphs from the Royal College of Psychiatrists' statement. It strongly advises against 'memory recovery techniques' such as drug-mediated interviews, hypnosis, regression therapies, guided imagery, and journaling, when based on the expectation of past sexual abuse that the patient has no memory of. The College asserts there is no evidence that these consciousness-altering techniques can accurately reveal factual information about past experiences, including childhood sexual abuse, and that regression therapy techniques are of unproven effectiveness. Furthermore, the College noted that once an accusation moves outside the consulting room, especially if confrontation or public accusation arises, there is rarely justification for refusing to allow a therapeutic team member to meet with family members. The newsletter's editors emphasize that the Foundation would not exist if therapists had been willing to talk to family members prior to accusations, calling the cruelty of accusing parents and then not allowing them to defend themselves a hallmark of the FMS phenomenon. They urge readers to disseminate this statement widely as a powerful tool for families.

Legal and Professional Issues

The newsletter discusses the broader implications of memory recovery practices within the mental health field. It notes that many professional organizations are engaged in problematic practices, lowering professional standards. Alan Scheflin is quoted describing the precarious position of mental health professionals, with nearly 1,000 lawsuits pending against dissociative disorder and trauma therapists, undermining the profession's credibility. The newsletter points to the Burgus v. Braun case as a prime example, detailing how Dr. Bennett Braun's methods at Rush Presbyterian Hospital, involving hypnosis and sodium amytal, led to the belief in extensive childhood abuse, ritual murders, and satanic cults, even convincing the patient that her children were genetically predisposed to Multiple Personality Disorder (MPD). The case involved the hospitalization of the Burgus children for nearly three years, with costs exceeding $3 million.

Another significant legal development is the U.S. Supreme Court's decision to revisit its groundbreaking *Daubert* ruling in the *General Electric Co. v. Joiner* case. This case concerns the admissibility of disputed scientific evidence and the standard of review appellate courts should apply to trial judges' decisions, particularly regarding 'junk science.' The article explains that the *Daubert* decision tasked trial judges with a 'gatekeeper' role to ensure scientific evidence is valid and reliable. The *Joiner* case, involving an electrician claiming PCBs caused lung cancer, highlights the divergence among circuit courts on the standard of review and the potential impact on how civil cases are tried, especially those involving causation and scientific evidence.

In the legal section, a malpractice suit against therapists, *Lujan v. Mansmann, Neuhausel and Genesis Associates*, is highlighted. The U.S. District Court rejected a defense motion for summary judgment, allowing the case to proceed. The plaintiff, Brook Lujan, alleged that her therapy encouraged beliefs in implanted false memories of satanic abuse and cult threats. The court found that the nature of the injury could render Lujan unable to distinguish between true and false memories, thus potentially tolling the statute of limitations under the 'discovery rule.' The court also allowed the punitive damages claim to go forward, finding genuine issues of material fact regarding outrageous conduct.

Scientific Evidence and Repression

The 'Focus on Science' section critically examines prospective studies on repressed memories of childhood sexual abuse. The article, 'Can People Repress Memories? Evidence of Prospective Studies Part II' by Harrison Pope, Jr., M.D., reviews several studies, including those by Della Femina and colleagues, and a study of children from daycare centers. The author concludes that these studies fail to produce evidence of repression. Instead, discrepancies in recalled memories are often explained by deliberate non-disclosure, embarrassment, a wish to protect parents, or a lack of rapport with the interviewer. The article emphasizes that it is naive to jump to the conclusion of repression when subjects do not disclose information, and direct questioning is critical.

Hypnosis and Memory

A section on hypnosis discusses its role in memory recall. It argues that hypnosis has been unfairly singled out, as it is one of the few therapeutic techniques with substantial data on memory accuracy. The research on hypnosis has rigorously documented how plastic memory is and the role of expectation, suggestion, imagination, and fantasy in shaping what people report remembering. The message from hypnosis research is that passionately believed-in recollections are not always accurate, a concept that challenges conventional notions of memory and is often resisted by courts and the mental health community.

Canadian Legal Developments

Two Canadian cases, *Regina v. Mills* and *Regina v. Lee*, are discussed, both ruling against Bill C-46, which restricted defense lawyers' access to accuser's records in criminal cases. The courts found that the bill infringed upon the accused's rights under the Canadian Charter of Rights and Freedoms by overly restricting access to therapeutic records and sacrificing the balance between privacy rights and the right to a fair trial. In *Regina v. Lee*, the court struck down the bill as unconstitutional, leading to the Crown withdrawing charges due to the loss of its key witness.

Recurring Themes and Editorial Stance

The recurring themes in this issue revolve around the critical examination of recovered memory claims and the therapeutic practices associated with them. The FMS Foundation Newsletter consistently adopts a stance that is highly skeptical of recovered memory phenomena, emphasizing the lack of scientific evidence supporting repression and highlighting the potential for iatrogenic harm caused by certain therapeutic techniques. The newsletter champions the importance of scientific rigor, legal standards for evidence, and the rights of the accused. It positions itself as a resource for families and professionals seeking to understand and challenge what it terms the 'FMS phenomenon.' The editorial stance is one of advocacy for a more cautious and evidence-based approach in both clinical practice and legal proceedings related to allegations of past child sexual abuse uncovered through memory recovery methods.

This issue of the FMS Foundation Newsletter, dated November 1997, Volume 6, Number 10, focuses on the ongoing controversies and challenges surrounding false memory syndrome, recovered memories, and their impact on individuals and families. The publication serves as a platform for sharing news, research, personal accounts, and resources related to these issues.

Families Fight Clinic on False Memory Slurs

This article details the first legal case in Great Britain where an accused family is bringing proceedings against a clinic for its use of memory recovery techniques. Katrina Fairlie accused her father and 17 other men, including two MPs, of abuse, even claiming her father beat a six-year-old girl to death. Police investigations found no truth to these allegations. Five other families have joined Mr. Fairlie in testifying against the Murray Royal Hospital in Perth, Scotland, specifically targeting the Gigal clinic. The Fairlie family is fighting to clear Jim Fairlie's name, with Jim stating he is fighting to "right a wrong, to name people who were prepared to see a family destroyed rather than admit they had made a mistake."

Psychologist With Suspended License Still Seeing Patients

This piece reports on Mark D. Stephenson, a psychologist in Idaho Falls whose license was suspended for three years by the Idaho Board of Psychology Examiners in July 1996. The suspension was due to accusations of planting false memories about childhood sexual abuse while patients were under hypnosis, which Stephenson denied. His appeal was upheld in September. Despite the suspension, Stephenson continues to practice, advertising in the Idaho Falls Yellow Pages. It is noted that practicing as a counselor is legal in Idaho if a person has had another license taken away, a situation common in many states. Stephenson claims his practice has changed but that individual patients wouldn't notice a difference. State representative Tom Loertscher is attempting to change laws that permit individuals with removed licenses to continue practicing, stating it defeats the purpose of licensing laws.

Executive Summary of the Third National Incidence Study of Child Abuse and Neglect

This section summarizes findings from a study by A. Sedlak and D. Broadhurst from the U.S. Department of Health and Human Services. Key statistics highlight disparities in child maltreatment based on income and family structure:

• Children from families with annual incomes below $15,000 were over 22 times more likely to experience maltreatment and over 25 times more likely to suffer maltreatment as defined by the Endangerment Standard, compared to children from families with incomes above $30,000.
• Low-income families' children were 18 times more likely to be sexually abused, almost 56 times more likely to be educationally neglected, and over 22 times more likely to be seriously injured.
• Children of single parents faced a 77% greater risk of physical abuse, an 87% greater risk of physical neglect, and an 80% greater risk of serious injury or harm from abuse or neglect than children in two-parent households.
• Girls were sexually abused three times more often than boys.
• Boys had a greater risk of emotional neglect and serious injury than girls.

"You the Jury" Decide the Verdict

This section reviews the book "You the Jury" by Mark Roseman, Esq., William Craig, Esq., and Gini Graham Scott. The book presents a legal trial scenario fifteen years after an alleged incident of sexual abuse, where the victim had repressed memories that recently resurfaced. The book provides material for readers to vote on a verdict, with publisher Seven Locks Press set to announce results in Spring 1998. The editors note that this case involves a stepfather, distinguishing it from many other cases brought to the FMS Foundation's attention, and cite research indicating stepfathers are 100 times more likely to perpetrate the ultimate abuse (death) than fathers.

BOOK REVIEW: Crimes of the Mouth

Reviewed by Loren Pankratz, Ph.D., this section reviews Roger Shuy's book "Language Crimes: The use and abuse of language evidence in the courtroom." The book examines how language is used as evidence in legal cases, particularly in instances of bribery, threatening, perjury, and conspiracy, where the jury must decipher the defendant's intentions. Shuy, a linguist with extensive experience in legal consultation, argues that linguistic analysis often fails to provide evidence of guilt. The review highlights examples, including the case of John DeLorean, who was found not guilty of drug charges due to linguistic evidence showing his agreement language was related to a loan, not illegal drugs. A particularly interesting chapter discusses Shuy's analysis of an interview with a three-year-old girl, where the interviewer's mixed therapeutic and interrogation styles, along with grammatical constructions beyond the child's comprehension, led to misinterpretations and errors.

"Where Greed Killed the Patient" A Wrongful Death

This is a review of Leon Bing's book, "A Wrongful Death: One Child's Fatal Encounter with Public Health and Private Greed." The book reportedly details the story of Christy, who was previously described in Richard Ofshe's "Making Monsters." The review suggests the book exposes the mental health community's issues with repressed-memory cases and questionable therapy practices.

MAKE A DIFFERENCE

This column, quoting Edmund Burke, encourages readers to associate and act against harm. It highlights the growth of the FMSF from a small group to over 18,000 members reporting similar experiences. It includes anecdotes from different states:

• Illinois: An FMSF Mom successfully got a doctor specializing in MPD/DID removed from a "Best Doctors" list after providing documentation of pending lawsuits.
• Missouri: An FMSF Dad reported that three books critical of false memory syndrome were frequently checked out from public libraries.
• California: An FMSF Dad wrote to the producer of a made-for-TV movie about Eileen Franklin, pointing out that George Franklin, after being found guilty of murder, was later released and is suing his daughter and others.

SPECIAL JOURNAL ISSUES

This section lists journal issues that have focused on recovered memories and suggestion, with more expected. It provides titles, publishers, and dates.

FROM OUR READERS: We are Indebted to You

This section is a heartfelt expression of gratitude from the Rutherford Family (Springfield, MO) to the FMS Foundation and its supporters. They describe their world exploding after being falsely accused in January 1995 and how the FMS community provided comfort and information. They credit the Foundation's emergence and the availability of an 800 number with helping them survive. They express relief that their family is now restored and closer than ever, and they pledge to be there for others.

Tinker-Bell Theory

This is a personal theory formulated by an unnamed individual who believes in a "memory fairy" that can cause people to forget or remember traumatic childhood events. The author acknowledges that purists consider the theory unscientific but defends it by referencing the Williams and Corwin studies.

A Family Reconciliation

This personal account describes a family's journey through a false accusation of sexual abuse made by their oldest daughter. The daughter's accusation, stemming from dreams, led to a complete break in family contact. After joining the FMS group and educating themselves about false memory syndrome, the family worked towards reconciliation. After five years, the daughters initiated contact, leading to a partial reconciliation, though the emotional impact remains.

An Accidental Meeting

This is a continuation of the family reconciliation story. The narrator describes an accidental meeting with her estranged daughter and granddaughter at a crafts fair. The encounter was tense, with the daughter initially resistant. The narrator recounts her attempts to communicate love and reassurance, while also confronting accusations. The daughter later called her husband and younger daughter, attempting to divide the family again, but retracted her accusations against her father, stating confusion and a mistake. The narrator concludes she is back to square one but determined to continue.

What Can We Do?

This section offers advice on how to combat the false memory industry. It suggests filing a complaint with a state licensing agency against a therapist, emphasizing that this is not a lawsuit but a way to document issues. The author argues that without such complaints, the "epidemic will never end" and that professional organizations cannot be relied upon for self-discipline. The article warns of potential consequences, such as the therapist encouraging legal action against the complainant, but asserts that such actions may also speed up the process of confronting the issue.

Observations in Ontario Canada

This piece notes a dictionary definition of "Sexual Trauma" found in a social worker's dictionary, which includes symptoms like "INABILITY TO FORGET, flashbacks, anxiety and PTSD." It also mentions a pamphlet on "INCEST" from a Women's Resource Centre, which states that children may block out memories of incest, and these memories may return later in life. Recommended reading includes "Courage to Heal" and "Victims No Longer."

Memorable Moments

This section shares an experience of receiving a bequest from a deceased mother to the False Memory Syndrome Foundation. The writer expresses respect and gratitude for the recognition that the Foundation's work extends beyond a single lifetime.

BEFORE / AFTER Letters

These are two letters from a daughter to her parents. The "BEFORE" letter expresses gratitude for help during a delivery and the birth of a granddaughter. The "AFTER" letter, however, accuses the parents of abuse and states that the "love" shown is not real. The daughter believes her mother protected her father during physical and emotional abuse.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the devastating impact of false memory syndrome on families, the legal and ethical challenges posed by memory recovery techniques, and the importance of advocacy and support for those affected. The FMS Foundation Newsletter consistently takes a stance against the uncritical acceptance of recovered memories, particularly when they lead to accusations of abuse, and advocates for rigorous investigation and due process. The publication also highlights the efforts of individuals and organizations working to expose what they perceive as the harms of the "psychology industry" and to provide a platform for those who have been falsely accused.