False Memory Syndrome Foundation - Vol 07 No 06 - 1998 julaug

Magazine Overview

Title: FMS Foundation Newsletter
Issue: Vol. 7 No. 6
Date: July/August 1998

This issue of the False Memory Syndrome Foundation (FMSF) Newsletter focuses on the ongoing debate surrounding recovered memory, psychiatric malpractice, and the responsibility of mental health professionals. It features a strong statement from the FMSF Scientific and Professional Advisory Board, emphasizing social responsibility and critiquing the lack of decisive action from major professional associations.

Editorial and Advisory Board Statement

The editorial, "Because of our sense of social responsibility...", highlights the FMSF Scientific and Professional Advisory Board's unanimous statement on memory and therapy practices. The Board's statement, dated May 17, 1998, endorses conclusions from the Royal College of Psychiatrists stating that true memories cannot be reliably distinguished from illusory ones without external confirmation. They also find no credible evidence that recovered memory procedures benefit individuals and increasing evidence that they can cause harm. The Board criticizes the silence of major U.S. mental health professional associations in addressing this issue and recommends the Foundation continue assisting patients, dissuading harmful practices, educating professionals and the public, and encouraging scientific research.

The newsletter contrasts the Board's views with those of Dr. David Spiegel, who expresses concern about an "aggressive advocacy group" pushing for restrictions on therapy, though he acknowledges "serious questions" about specific cases.

Legal Cases and Malpractice

The issue details several significant legal cases:

• Carl v Keraga and Burgus v Braun: These cases, settled for $5.9 million and $10.6 million respectively, are presented as "outliers" involving questionable therapy practices by well-known psychiatrists. The newsletter points out that these psychiatrists practiced in accredited hospitals with implicit professional endorsement.
• Fells Acres Daycare Center Case: Massachusetts Judge Isaac Borenstein granted a new trial for Cheryl Amirault LeFave, ruling that children's testimony would be "forever tainted" by investigative interview techniques. The judge's excerpt illustrates how investigators pressured children, calling the techniques "highly prejudicial and irreparable."
• Deatherage v. Washington State Examining Board of Psychology: The Washington Supreme Court ruled that a psychologist testifying as an expert witness is not immune from state licensing board action for unprofessional conduct, emphasizing that witness immunity does not protect against disciplinary proceedings.
• Oregon State Board Plans to Revoke Licenses: Two Oregon psychologists, Sophia Carr and Chyril Walker, face license revocation for convincing a woman she was a victim of satanic torture and that her sons were abused by a cult. Their work is described as unsupported by science and professional standards.
• Psychiatric Malpractice Trial (Marietti, et al., v. Kluft): A trial is scheduled concerning allegations that Dr. Richard Kluft used suggestive and coercive techniques, including hypnosis and drugs, to make Nancy Marietti falsely believe she was a victim of childhood sexual abuse, leading her to break ties with her parents.
• Wenatchee Cases: The newsletter extensively covers the legal fallout from the Wenatchee child sex ring investigations. It reports on the release of Carol and Mark Doggett after their convictions were overturned due to improperly used hearsay evidence and allegations of pressure on children. It also details a $60 million civil rights lawsuit against the city of Wenatchee and police officials, alleging rights violations due to tainted investigations and the potential use of recovered memory therapy. The involvement of organizations like the ACLU and the National Association of Criminal Defense Lawyers in seeking federal review is also noted.

Critiques of Therapy and Memory Research

Several articles critically examine the scientific basis of recovered memory and certain therapeutic approaches:

• "What Science Says—and Doesn't Say—About Repressed Memories: A Critique of Scheflin and Brown" by August Piper, Jr., M.D.: This article disputes claims that 25 investigations confirm dissociative amnesia in sexually abused individuals. Piper identifies methodological flaws in the reviewed studies, including reliance on unpublished work and vague criteria for "sexual abuse" and "dissociative amnesia." He concludes that dissociative amnesia in sexually abused individuals has not met scientific criteria.
• "Traumatic Stress; Effects of Overwhelming Experience on Mind, Body and Society" (Book Review by C.B. Scrignar): The review critiques the tendency to rekindle old controversies by relabeling concepts like "neurosis" as "trauma" and "traumatic stress," and questions the undue attention given to dissociation in the context of PTSD.
• "Mistaken Claims": This section contrasts claims from Judith Herman's "Trauma and Recovery" and statements from the American Psychological Association regarding the certainty and nature of recovered memories of sexual abuse.
• Critique of "The Mindsnatchers": Fred Crews, writing in the New York Review of Books, criticizes authors like Budd Hopkins, David Jacobs, John Mack, and Whitley Strieber, suggesting that abduction memories are conjured similarly to "repressed" incest trauma through unsubstantiated psychodynamic theories and techniques like hypnotherapy. He posits that the "abduction fad" may meet a similar fate as the recovered memory movement.

Unproven Therapies and Educational Programs

The newsletter lists several educational programs and therapies whose effectiveness is not known, including:

• Past Life Therapy: Advertised as a way to retrieve memories of childhood and past lives, with CE credits offered by various boards.
• Focusing: Described as a step-by-step process of paying attention to bodily senses, offered by The Focusing Institute.
• Physio-Affective Reassociation Therapy (PART): A program combining psychoneuroimmunology, stress, and subtle energy channels, offered by the National Academy of Clinical Hypnosis.
• Pathways to Healing: A program described as activating "three distinct forms of memories" to promote health.

A correction is issued regarding the approval of CE credits for Past Life Therapy seminars, clarifying that New Age Publications is not an APA-approved provider.

Other Items

• Allen and Toby Feld: A note mentions Allen Feld's recovery from serious injuries after a car accident and his role as Director of Continuing Education for the Foundation.
• Events to Note: Mentions the release of the Doggetts, a new trial for Cheryl Amirault, and upcoming TV programs on Burgus v Braun and Nadean Cool.
• COSA Newsletters: Information on how to access newsletters from Casualties of Sexual Allegations, Inc. electronically.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the critique of recovered memory therapy and its alleged harms, the call for accountability and social responsibility within the mental health profession, and the examination of legal cases where questionable therapeutic practices have led to significant consequences. The FMSF Newsletter consistently advocates for scientific rigor, ethical practice, and the protection of the public from potentially harmful therapies. The editorial stance is critical of professional organizations that have not taken decisive action against problematic practices and highlights the importance of evidence-based approaches in mental health treatment.

This issue of the FMS Foundation Newsletter, Vol. 7 No. 6, dated July/August 1998, focuses on the controversial topic of recovered memory and trauma-search therapy. The cover headline, "MYTHS AND HARD LINES," by August Piper Jr., M.D., sets a critical tone, questioning the continued practice of therapies that do not consistently result in healthy outcomes for former patients.

Investigations into Child Abuse Allegations

The issue begins by detailing how the Department of Health and Human Services and the Justice Department are reviewing materials related to child abuse allegations. Investigators are examining whether federal money was spent appropriately and if the expensive services provided, including hospitalization, medication, and therapy, were justified or potentially used as witness management tactics to influence children's disclosures. There is also a focus on whether civil rights were violated and if confessions were obtained through improper techniques.

Legal Cases and Recovered Memory

Several legal cases are highlighted:

• Massachusetts Man Found Innocent of Assault: In June 1998, a child molestation charge was dismissed because a judge ruled that the victim's repressed memory of an alleged attack six years prior was insufficient evidence for a conviction. The memory resurfaced with the help of a psychiatrist, coinciding with a difficult divorce and custody battle faced by the victim's friend, who was also the defendant's wife.
• Canadian Recovered Memory Case Ends in Conviction: In June 1998, an Ottawa doctor was convicted of sexually assaulting an intern 12 years earlier. The intern's memories resurfaced in 1996 after hearing about similar accusations against the doctor. Defense experts suggested the memories might be "recovered false memories" due to the 10-year delay and the increasing detail over time.

Status of Repressed Memory Claims in Canada

The article "Status of Repressed Memory Claims in Canada" reports that the president of the Criminal Lawyers' Association requested a federal review of convictions based on repressed memory claims. The Justice Minister indicated that prisoners who feel wrongly convicted could use a specific section of the Criminal Code for review. The FMSF has tracked delayed-file cases since 1992, noting that in Canada, over three-quarters are criminal actions. As of May 1998, 38 delayed-filed claims resulted in convictions and 31 in acquittals, with over 40 cases still unresolved. Specifically, 22 cases involving "memory loss" claims ended in conviction and 24 in acquittal.

Personal Reflections on Abuse and Memory

"Something Terrible Has Happened" by Charlotte Vale Allen, adapted from a talk given in May 1998, offers a personal perspective. Allen recounts a childhood secret involving her father and the fear of punishment. She contrasts the current societal tendency to readily accept accusations of child abuse with her own experience, suggesting that many "victims" may be fabricating or exaggerating their experiences, driven by a desire for attention or a "goldmine" of attention. She advocates for a return to common sense and a focus on facts, rather than accepting every statement as gospel. Allen also shares her experience attending FMSF meetings and her empathy for those who have been betrayed by their children, while also expressing a desire to end the "madness of recovered memories."

"MYTHS AND HARD LINES" by August Piper Jr., M.D., addresses a reader's question about why recovered memory therapy persists despite questionable results. Piper speculates that therapists may genuinely believe in their methods, be motivated by fame, or simply be unaware of alternative approaches. He critiques the "myth"-based nature of some psychotherapy theories, where facts are often secondary to defending the theory. He also notes the difficulty in disproving the efficacy of such therapies due to their subjective nature.

Reader Correspondence and Perspectives

The newsletter features several letters from readers:

• "She Must Apologize First" Response: A letter from "A Father and Mother" addresses a previous letter from parents seeking the return of their daughter. The authors agree that a returnee should apologize for false accusations but emphasize understanding the cognitive deficits that may have led to implanted memories, such as the effects of prescription drugs and hypnosis. They advocate for compassion and love in dealing with such situations.
• "Responsibility" by Robert M. Koscielny: This letter responds to "A Father and Mother," agreeing that a returnee should discuss the "pink elephant" and apologize. Koscielny explains the cognitive deficits that can lead to false memories, including the impact of prescription drugs and hypnosis, and suggests that parents should allow children to recover at their own pace, offering understanding and guidance.
• "End the Nightmare" by A Dad: This piece discusses the dilemma parents face when sons or daughters wish to return to the family after falsely accusing them. The author suggests a gradual restoration of contact, focusing on positive memories and understanding that the "influence" creating illusions may be losing its grip. He emphasizes that the goal is to repair family relationships, not necessarily to condone the actions.
• "Response to 'She Must Apologize First'" by Melody Gavigan: Gavigan, past editor of the Retractor Newsletter, sympathizes with parents of falsely accused daughters. She describes recovered memory therapy as a "cult therapy" that preys on clients and creates a reality based on fantasy and delusion. She notes that her own daughter, after years of therapy, experienced a severe decompensation and hospitalization, and is now slowly working towards recovery.

FMSF Activities and Resources

The newsletter includes several sections detailing FMSF activities and resources:

• Notices: Announcements for upcoming FMSF events, including the Eastern Missouri and Southern Illinois meeting, the Ohio/Michigan Conference, and the Illinois State Meeting. It also promotes a video, "The Rutherford Family Speaks to Families."
• Books: A list of recent books available in libraries related to false memory, multiple personality disorder, and psychology, encouraging readers to ask their libraries to stock them or donate copies.
• Exploring the Internet: A link to the website http://www.StopBadTherapy.com/, which offers resources such as phone numbers of regulatory boards, links to professional organizations, and retractor stories.
• Estate Planning: Information on how to include the FMSF in estate planning.
• Bulletin Board: A comprehensive list of FMSF contacts and meetings across the United States and internationally, including Canada, Israel, Netherlands, New Zealand, Sweden, and the United Kingdom.
• Subscription Information: Details on how to subscribe to the FMSF Newsletter and membership information.

Recurring Themes and Editorial Stance

The overarching theme of this issue is a deep skepticism and criticism of recovered memory therapy and its associated practices. The FMS Foundation, through its newsletter, consistently questions the validity of recovered memories, highlights cases where such claims have led to questionable outcomes, and promotes a more critical and fact-based approach to allegations of abuse. The editorial stance is one of caution against what it perceives as a potentially harmful and irrational therapeutic trend, advocating for the rights of the falsely accused and emphasizing the importance of critical thinking and evidence-based assessment. There is a clear effort to counter what is described as "radical feminist propaganda" and to bring "common sense back to the issue."