False Memory Syndrome Foundation - Vol 07 No 04 - 1998 may

Magazine Overview

This issue of the FMS Foundation Newsletter, dated May 1998, focuses heavily on the controversial topic of "recovered memories" of childhood sexual abuse, presenting a critical perspective on the therapeutic practices and legal implications surrounding this phenomenon. The newsletter features commentary from the Royal College of Psychiatrists, legal case reviews, and updates on significant investigations.

The Royal College of Psychiatrists Report on Recovered Memories

The lead article discusses a report commissioned by the Royal College of Psychiatrists in England, which examined the issue of recovered memories. The report, published in the British Journal of Psychiatry, is described as unambiguous about techniques used to "recover memories." It states that there is no evidence that check-lists, syndromes, or symptoms reliably indicate past sexual abuse. Drug-induced abreaction is deemed inappropriate for 'trawling' for traumatic events, as patients may generate fantasy material. Hypnosis is highlighted as unreliable for eliciting memories and no longer admissible as legal testimony. Age regression is also questioned for its efficacy, with no evidence that subjects actually regress to the target age. Dream interpretation is not considered a "royal road" to historical accuracy, with interpretations often reflecting the therapist's beliefs. While imagistic and 'feelings' work and art therapy can be suggestive, the therapist's beliefs are seen as determining factors. Survivor groups, while potentially supportive, carry a risk of suggestion and contagion. The report's conclusion is that "There is a vast literature but little acceptable research. Opinions are expressed with great conviction but often unsupported by evidence."

The report defines a "recovered memory" as the emergence of an apparent recollection of childhood sexual abuse of which the individual had no previous knowledge. It excludes cases where an individual always had a memory but chose not to think or talk about it. The newsletter notes that the inability to recall abuse is sometimes taken as a sign of "denial" through repression, and that requests for "memory recovery therapy" are increasingly initiated by clients who have read self-help books.

Legal Cases and Therapist Liability

The newsletter details several legal cases where therapists have faced scrutiny for their practices related to recovered memories and accusations of sexual abuse.

Althaus v. Cohen

This case involved a psychiatrist, Judith Cohen, who was found liable for negligently misdiagnosing and treating a patient for alleged parental sexual abuse. The Pennsylvania Superior Court upheld a jury award of $272,232 to the Althaus parents and their daughter. The court found that the psychiatrist owed a duty of care to the parents because her actions extended beyond therapeutic treatment and it was foreseeable that her negligence would harm them. The court noted that Cohen had validated "unwittingly false testimony" despite knowing some allegations were untrue.

Sawyer v. Midelfort

In Wisconsin, an appellate court revived a third-party negligence lawsuit against a psychiatrist and therapist who allegedly caused a woman to falsely accuse her parents of sexual abuse. The court held that the therapists owed a duty to the parents and that the claim was not barred by the statute of limitations. The court reasoned that the harm from false accusations cannot be dismissed and public policy does not preclude recovery for such injured plaintiffs.

State of Oregon v. Gherasim

An Oregon Appellate Court ruled that excluding expert testimony on dissociative amnesia was erroneous in a kidnapping and attempted rape case. The court stated that such testimony, which explains how a victim's ability to recall and recount events can be impaired, is admissible and similar to expert testimony on impaired vision or dementia.

Developments in Wenatchee Investigations

The newsletter provides updates on the controversial Wenatchee investigations, where numerous arrests were made for child sexual abuse in the mid-1990s. Many of these investigations have since been discredited.

• Special Hearings Judge Criticizes Techniques: A judge appointed by the state appeals court sharply criticized the techniques used by Wenatchee police and investigators, recommending retrials for two convicted adults.
• Wenatchee Defendants Refused Bail: Despite an order for a new trial, some defendants were denied bail due to a law aimed at improving the supervision of convicted sex offenders.
• Civil Trial Against Officials: Accused individuals who were not convicted are suing law enforcement officials and social workers for $70 million, claiming false arrests and violations of due process.
• Fired Social Worker Awarded Damages: Jauna Vasquez, a DSHS social worker fired after questioning the Wenatchee investigations, was awarded $1.57 million.
• Investigations Underway: U.S. Attorney General Janet Reno may order a thorough investigation into the Wenatchee cases for evidence of civil-rights violations.

Other Noteworthy Items

• "Psychiatrists Condemn a Trendy Therapy": An article discusses the need for scientific evaluations to separate effective treatments from trendy ones, citing "therapeutic touch" and "Facilitated Communication" as examples of debunked programs.
• Playing at Science: This section critiques a book that allegedly distorts facts in the Althaus case, contrasting it with Carl Sagan's approach to verifying information.
• Idaho Passes Mental Health Legislation: Idaho enacted legislation to provide safeguards against unqualified mental health providers.
• False Memory Doctor Gets Minimal Discipline: A psychiatrist in Arizona received minimal discipline despite a patient's condition worsening significantly after therapy.
• Amirault Case: A ruling was expected on whether Cheryl Amirault LeFave should receive a new trial, based on studies suggesting children can be manipulated into testifying about abuse that never happened.
• University of Michigan Clinic Cleared: A jury cleared the University of Michigan's Family Assessment Clinic of allegations related to a child-abuse evaluation.
• "Repressed Memory" on Trial: Pre-trial hearings in two states are determining the admissibility of recovered memory evidence in court.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently adopts a critical stance towards "recovered memory" therapy, emphasizing the lack of scientific evidence supporting its efficacy and the potential for harm, including false accusations and damage to families. The newsletter advocates for rigorous scientific evaluation of therapeutic practices and highlights legal cases where professionals have been held accountable for negligence. The editorial stance is one of skepticism towards unsubstantiated claims and a concern for due process and the protection of individuals wrongly accused. The newsletter also expresses a strong belief in the importance of justice and fairness for all citizens, particularly in cases involving allegations of child abuse.

This issue of the FMS Foundation Newsletter, Vol. 7 No. 4, dated May 1998, features a prominent book review of "Recollections Of Trauma: Scientific Research and Clinical Practice," the proceedings of a NATO Advanced Study Institute. The newsletter also includes various sections from "FROM OUR READERS," state meetings, and information about the FMS Foundation.

Book Review: Recollections Of Trauma: Scientific Research and Clinical Practice

Dr. Felicity Goodyear-Smith reviews the proceedings of a NATO Advanced Study Institute focused on "Recollections of trauma: scientific research and clinical practice." The goal of the institute was to provide a platform for international experts to share information and discuss the topic of memory for trauma. The book contains 13 full papers, commentaries, brief papers, working-party reports, and poster abstracts.

Goodyear-Smith notes that the conference, held in a remote French Atlantic setting, fostered politeness and openness among participants, who were primarily psychologists (clinicians and researchers) from various countries. However, she observes a one-sided dynamic where clinicians presenting case studies were seldom challenged, while researchers faced more criticism, especially when their findings were unpopular.

Key findings from the proceedings include:

• Malleability of Memory: Researchers like Elizabeth Loftus and Maggie Bruck presented work on the malleability of memory, demonstrating how false memories can be created and how children's memories can be molded by suggestions.
• Source Misattribution: It is common to lose source memory quickly, leading to attributing memories to the wrong source, sometimes incorporating fragments from other experiences.
• Repression Debate: No decision was reached on whether "repression" (the unconscious blocking of memories of severe childhood trauma) exists.
• Children's Reports: Studies show that children's accounts can be unreliable due to suggestions from adult interviewers, and adults often cannot distinguish true from false memories.
• Therapeutic Approaches: While some clinicians acknowledged past "clinical excesses and errors" in memory recovery techniques, the review highlights a shift in perspective, with a greater emphasis on caution. However, the reviewer expresses concern that the underlying assumptions that psychopathology is primarily caused by childhood sexual abuse and requires re-experiencing trauma to heal were not sufficiently challenged.

Goodyear-Smith critiques the proceedings for not adequately addressing the issue of accountability for harm caused by false memories and for downplaying the extent of the problem by some clinicians.

From Our Readers

This section features several letters from readers:

• "Our Feelings Exactly": A short note expressing agreement with a previous letter titled "She Must Apologize First."
• "Room for Warmth and Tolerance?": A reader suggests that while realism is important, there should be more warmth and tolerance in discussions, acknowledging human fallibility.
• "First Meeting of Accused Families in France": A report on the first meeting of three families in France affected by false memory syndrome. The writer notes the growing prevalence of the phenomenon in Europe and seeks help in identifying other affected families in France and French-speaking Belgium or Switzerland.
• "I Finally Met Gerry Amirault": A personal account of visiting Gerry Amirault in prison. The writer describes the oppressive prison environment and reflects on the injustice of Amirault's imprisonment, drawing parallels to Nelson Mandela's experience.
• "Showing by Example": A mother writes about her son, who had previously made false accusations. She states that she does not need a retraction or apology, as his current concern for her well-being and willingness to share his life demonstrate his remorse.
• "'Thank You,' Families": A reader expresses gratitude to the FMS Foundation and other families for their efforts in educating the public about false memory, making it easier for those recently accused.
• "A Suggestion": A suggestion is made to request that memorials be made to the FMSF in lieu of flowers.
• "We Never Gave up Hope": A mother shares that her daughter has reconnected with the family after a period of alienation, expressing gratitude to the FMSF for their support.

Juvenile and Adult Accusations

Kathy Begam writes about the similarities and differences between juvenile-onset and adult-onset false memory syndrome. She highlights that false accusations made by children are more likely to involve recent events and less likely to involve past-life experiences or alien abuse. She emphasizes the devastating consequences of false accusations, including family dislocation and the conviction of innocent people. Begam warns against the unscientific assumption that childhood sexual abuse is the primary cause of psychopathology and that remembering trauma is necessary for healing.

Make a Difference

This section reports on Elizabeth Loftus's lectures at McMaster University and contrasts the positive reception with a hostile anti-FMSF mob incident at McGill in 1993. It also details an incident where a group distributed a pamphlet containing false information and attacked Loftus and the FMS Foundation, with endorsement from several publicly funded organizations. The author expresses concern about these organizations sponsoring untruthful information.

State Meetings

This section lists upcoming meetings and events organized by FMS Foundation chapters across various states in the US and Canada, including Michigan, New York, Illinois, Pennsylvania, Vancouver, and Ontario.

Research Participants Wanted

An announcement seeking volunteer participants for a study at Johns Hopkins University School of Medicine. The study aims to investigate adults who have claimed to have forgotten and then remembered childhood physical or sexual abuse, regardless of whether they now believe these memories to be true or false.

FMSF Video Tape Order Form

An advertisement for a video tape titled "When Memories Lie...... The Rutherford Family Speaks to Families," available for order from FMS Foundation.

Recurring Themes and Editorial Stance

The recurring themes in this issue revolve around the complex and often contentious topic of false memory syndrome, trauma recall, and its implications for clinical practice and legal proceedings. There is a clear editorial stance from the FMS Foundation, which is presented as an organization dedicated to educating the public and professionals about the potential for false memories, the dangers of certain therapeutic techniques, and the need for critical evaluation of recovered memory claims. The newsletter actively promotes a skeptical view of recovered memory claims, highlights instances of alleged harm caused by these claims, and provides a platform for individuals and families affected by what they perceive as false accusations. The FMS Foundation positions itself as a counter-voice to what it views as a widespread and potentially harmful ideology, emphasizing scientific rigor and the principle of "do no harm."