False Memory Syndrome Foundation - Vol 07 No 02 - 1998 mar

Magazine Overview

This issue of the False Memory Syndrome Foundation Newsletter, dated March 1998, Volume 7, Number 2, addresses the ongoing controversies surrounding recovered memories, particularly in the context of sexual abuse allegations and therapeutic practices.

Key Articles and Discussions

The Accuracy of Recovered Memories

The editorial section opens with a reflection on the enduring presence of the False Memory Syndrome Foundation and highlights recent advertisements for hypnosis-based regression sessions and anatomical dolls, questioning their therapeutic intent. It then delves into the debate surrounding the accuracy of recovered versus continuous memories of traumatic events. The newsletter critically examines studies that claim to show similar accuracy rates for both types of memory, attributing such findings to "confirmation bias." The argument is made that these studies often start with corroborated events, thus guaranteeing their accuracy, rather than assessing the accuracy of memories themselves. The author posits that comparing the accuracy of recovered and ordinary memories is problematic, especially when dealing with unverified claims like alien abductions or past lives, and that the core issue is not the accuracy but the justification for attempting to recover memories given the known reconstructive nature of memory.

Are Scientific Studies Applicable to Clinical Work?

This section discusses the relevance of laboratory memory studies to clinical practice. It notes that some clinicians argue that laboratory findings, particularly those related to memory implantation, are not directly applicable to real-world clinical settings. The article contrasts this view with that of researchers like Ian Begg, who suggests that generalizing laws from lab studies to clinical populations is a smaller step than generalizing between different clinical populations. The potential for suggestion to influence memory is highlighted, with a caution against definitive conclusions about the cause of a client's narrative.

Traumatic Amnesia?

The newsletter addresses the confusion surrounding the term "traumatic amnesia." It clarifies that "traumatic amnesia" is not a formal listing in the Diagnostic and Statistical Manual IV (DSM IV) and has historically referred to amnesia resulting from physical trauma, as defined by the Encyclopedia Britannica. The article contrasts this with its use in the context of alleged sexual trauma, suggesting that the term is being misused or misapplied.

Legal Cases and Controversies

Several legal cases are detailed, illustrating the complexities and controversies surrounding recovered memories:

• U.S. District Court Rejects Motion to Dismiss Psychiatric Malpractice Claim Against Dr. Bennett Braun (Shanley v. Braun, et al.): This case involves Mary Shanley's claim of psychiatric malpractice against her former psychiatrist, Bennett Braun, and other providers. The court rejected the motion to dismiss, finding that there were genuine issues of material fact regarding Shanley's alleged "legal disability" during her treatment, which involved alleged hypnotic and coercive techniques, and the induction of memories of Satanic Ritual Abuse (SRA).
• State Suspends License of Therapist (John W. Laughlin): Physician's assistant John Laughlin had his license suspended for eight years, stayed and placed on probation, for inducing false memories of sexual abuse and satanic rituals in a patient. The Commission found he practiced below the standard of care, using hypnosis and antidepressants, and that his methods cast doubt on the reliability of information obtained.
• Malpractice Suit Filed Against Utah Therapists (Taylor v. Larsen, et al.): A suit was filed against three social workers and a physician for allegedly inducing false beliefs of participation in satanic ritual abuse, murders, infanticide, and cannibalism in a Utah family through therapy including hypnosis and guided imagery.

The Williams Study and Response Bias

A significant portion of the newsletter is dedicated to a critical analysis of the widely cited Williams study (1994) on recovered memories of childhood sexual abuse. The author, Harrison Pope Jr., M.D., argues that the study suffers from severe methodological flaws, including a lack of medical documentation, the potential for ordinary forgetfulness, childhood amnesia, and deliberate non-disclosure (response bias). The article contrasts the study's findings with extensive literature on response bias, which demonstrates that people consistently underreport sensitive information. Pope concludes that the Williams study is inadequate as a demonstration of repression and that the high rate of recall (62%) among women in the study actually suggests that repression does not occur.

Guidelines from the Netherlands

Important guidelines for investigating accusations of sexual abuse that occurred long ago or at least five years prior have been developed in the Netherlands. These guidelines, prepared for the Minister of Justice, suggest dropping cases when it is impossible to distinguish between fact and fiction after memory enhancement techniques have been employed.

Other Mentions

The newsletter also includes brief mentions of other relevant articles and books, including a meta-analytic review on psychological correlates of child sexual abuse and a comprehensive textbook on trauma and memory controversies.

Recurring Themes and Editorial Stance

The recurring theme throughout this issue is a deep skepticism towards the concept of repressed memories, particularly when linked to therapeutic interventions. The FMSF Newsletter consistently questions the scientific validity of studies supporting repressed memory, emphasizing methodological weaknesses and the potential for suggestion and bias to create or distort memories. The editorial stance is critical of therapeutic practices that may lead to the creation of false memories, advocating for a cautious and evidence-based approach to memory recovery. The newsletter highlights legal cases as evidence of the potential harm caused by such practices and promotes a more rigorous scientific and legal scrutiny of recovered memory claims.

This issue of the FMS Foundation Newsletter, dated March 1998, Volume 7, Number 2, addresses critical legal cases and ongoing discussions surrounding false memory syndrome, child abuse allegations, and the controversial nature of recovered memories. The newsletter features several articles detailing court decisions, expert opinions, and personal accounts related to these complex issues.

Key Legal Cases and Rulings

Wenatchee Child-Rape Convictions Reversed

The article "Wenatchee Child-Rape Convictions Reversed; Interview Methods Sharply Criticized by Washington Court" reports on the Washington State Court of Appeals' decision to overturn the first-degree child rape and molestation convictions of Carol and Mark Doggett. The court questioned the evidence-gathering methods, particularly the questioning techniques employed by Detective Perez, which were described as improper. The appellate court based its reversal on two points: the trial judge's refusal to authorize an expert in false-memory syndrome and the court's finding that improper questioning could cause a child to believe they were molested when they were not. The court also ordered a hearing to determine if the child witness was coerced.

Souzas May Go to Prison After Five Years of House Arrest

"Souzas May Go to Prison After Five Years of House Arrest" details the Massachusetts Appeals Court's refusal to grant a new trial to Shirley and Raymond Souza. While the court acknowledged that a special seating arrangement during their trial violated their Constitutional right to confrontation, it held that the Souzas waived this issue on appeal. The court found no substantial risk of a miscarriage of justice, stating the seating arrangement error did not contribute to the guilty verdicts. The Souzas had appealed based on the denial of their right to confront child witnesses and the barring of evidence they contended would show their grandchildren were influenced to make false allegations.

Amirault Case Returns to Superior Court

This section discusses the ongoing legal efforts to win a new trial for Cheryl Amirault and LeFave in the Fells Acres Day School case. Attorneys plan to present new scientific evidence on children's memories and demonstrate how prosecutors mishandled interviews with toddlers. A hearing was scheduled for February 17. The case involves allegations of child molestation, and while a Superior Court judge had granted a new trial in 1995, the Massachusetts Supreme Judicial Court reinstated the convictions. However, a new trial was later granted, and the women were released on bail pending appeal.

Canadian Educator Acquitted in Repressed Memory Case

"After Three Trials and Five Years, Canadian Educator is Finally Acquitted in Repressed Memory Case" covers the acquittal of Michael Kliman, a British Columbia educator, of sexually assaulting two former students. Kliman had undergone three trials since 1992. The Supreme Court of British Columbia dismissed all charges, with Justice Peter Fraser finding too many inconsistencies and improbabilities in the women's testimony, making the "recovered memory aspect" not the determining factor. The court noted that the alleged abuse occurred in a visible area and that one complainant had no prior memory of abuse before therapy.

New Zealand Appeal in Highly Publicized Child Abuse Case

This report details a petition for the pardon of Peter Ellis, a child care worker convicted of child abuse in New Zealand. Doubts have been raised about the handling of the police inquiry and trial, including revelations about a detective's affairs with mothers of the children and harassment of another. The jury foreman was also found to be the marriage celebrant of the crown prosecutor. The organization Casualties of Sexual Allegations Inc. (Cosa) notes that many innocent New Zealanders have been falsely accused, with convictions based on uncorroborated testimony. Cosa president Felicity Goodyear-Smith expresses concern that current ideology assumes certain child behaviors are automatically the result of sexual abuse and that it is easy to feed ideas to children.

Expert Opinions and Analysis

A View of Hypnosis (Synopsis)

This synopsis by Robert A. Baker from The Harvard Mental Health Letter discusses hypnosis, defining it as a cognitive-behavioral interaction where a subject complies with a hypnotist's suggestions. It emphasizes that hypnosis does not involve a unique state of consciousness and that concepts like trance and somnambulism are unnecessary. The article highlights "confabulation" as a common occurrence when hypnosis is used to fill memory gaps, making reports of horrific events particularly unreliable. It states that true victims of child abuse remember events, while recovered memories under hypnosis are doubly suspect. The author stresses that emotional intensity does not equate to truth and that hypnosis is ultimately self-hypnosis, with the subject always in control.

Reflections from Germany; Reflections on Lawyers

August Piper Jr., M.D., shares his observations from a trip to Germany, noting the prevalence of topics like childhood sexual abuse, dissociative identity disorder, and trauma on memory in American psychiatric journals. He visited the courtroom in Nuremberg where Nazi physicians were tried, drawing parallels to current legal suits against clinicians for improper treatment and lack of informed consent. Piper emphasizes the Nuremberg judges' lessons on protecting medical ethos from social and political forces and ensuring patients provide informed consent. He also touches upon the isolation of accused parents in Germany and the skepticism of mainstream psychiatry toward DID. The column also includes a reader's perspective on how legal professionals interact with clients, stressing the importance of listening to clients and understanding their concerns, especially those who are unsophisticated in legal matters.

Reader Contributions and Perspectives

From Our Readers

Several readers share their experiences and concerns:

• One reader describes their sister's increasingly bizarre "recovered memories" of Satanic Ritual Abuse (SRA) and incest, leading to MPD diagnoses and self-harm, expressing fury at the therapist who they believe destroyed their sister's life.
• Another reader recounts their daughter's accusations against her father and then the reader, leading to estrangement and loss of contact with grandchildren. They express hope for reconciliation after years of silence.
• A reader going into surgery for colon cancer shares their efforts to reconnect with their estranged daughter.
• Several readers express the pain of missing their daughters and grandchildren due to false accusations and the ongoing healing process within their families.

It Isn't Greed

Donna Anderson, identifying as a "retractor," argues against simplifying the False Memory Syndrome (FMS) crisis into an issue of greed. She believes that many therapists involved truly believe they are helping people and that their conviction is akin to a religion. Anderson suggests that calling therapists greedy hinders communication and that the focus should be on changing the belief system rather than creating an "enemy." She quotes Mark Pendergrast's observation that RMT therapists can appear caring and interesting.

FMSF Activities and Information

State Meetings

The newsletter lists upcoming FMSF meetings in Texas (Dallas, Houston), Indiana (Indianapolis), and New Mexico (Albuquerque) in March and April 1998. It also mentions future meetings in Clifton Park, NY; Vancouver; Seattle; and Toronto. Contact information for organizers is provided.

Rutherford Family Speaks to FMSF Families

A video tape order form is included for "When Memories Lie......The Rutherford Family Speaks to Families," priced at $10.00 per tape.

Witch Hunt: A True Story of Social Hysteria and Abused Justice

This section reviews Kathryn Lyon's book, which details the Wenatchee child abuse scandal. The review highlights how the case involved numerous accusations, the role of a key child witness, and the subsequent hysteria that led to children being removed from school and subjected to medication. The book is presented as an examination of how checks and balances in the justice system can rupture.

FMSF Bulletinboard

The bulletin board provides contact information for FMSF representatives and meetings across the United States and internationally, including Canada, Australia, Israel, Netherlands, Sweden, and the United Kingdom. It also includes a notice about the deadline for submitting meeting notices for the April newsletter.

Yearly FMSF Membership Information

Details on yearly FMSF membership are provided, including rates for Professional ($125) and Family ($100) memberships, with an option for an additional contribution. Subscription rates for the FMSF Newsletter are also listed: $30 for a 1-year subscription in the USA, $15 for students, $35 for Canada, and $40 for foreign countries.

Contact Information and Subscription

Contact details for the FMS Foundation's main office in Philadelphia are provided, including phone and fax numbers. Information on how to receive electronic versions of the newsletter and join the FMS-Research list via email is also included.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently advocates for the accused in cases involving recovered memories and allegations of child abuse. The editorial stance is critical of therapeutic practices that may lead to false memories, emphasizes the unreliability of such memories, and highlights legal challenges faced by those falsely accused. The newsletter serves as a platform for sharing information, supporting individuals and families affected by these issues, and promoting awareness of what it terms "pseudo-therapeutic atrocities." There is a strong focus on legal recourse, the importance of informed consent in therapy, and challenging the prevailing narratives around recovered memories and repressed trauma.