False Memory Syndrome Foundation - Vol 08 No 01 - 1999 janfeb

Magazine Overview

Title: FALSE MEMORY SYNDROME FOUNDATION NEWSLETTER
Issue: Vol. 8 No. 1
Date: January-February 1999
Publisher: FMS Foundation
Country: USA
Language: English

This issue of the False Memory Syndrome Foundation Newsletter addresses the ongoing controversies surrounding recovered memories, psychotherapy practices, and legal implications. It features articles on legal cases, critiques of professional organizations, and discussions on the nature of memory and abuse allegations.

Editorial and Foundation Update

The editorial, written by Pamela, notes a significant drop in calls to the Foundation in 1998, contrasting it with previous years. While calls had been declining since 1995, the number of families newly accused based on recovered memories has become a trickle. The Foundation's focus remains on recovered memories, despite many families now having concerns about child-protective services. The editorial highlights ongoing problems such as unreconciled families, continued support for the recovered memory belief system by the therapy community, and the lack of an acceptable system to protect mental health consumers.

It criticizes professionals like Paul J. Fink, M.D., of the American Psychiatric Association, for his views on psychotherapy and informed consent, and Gerald P. Koocher, Ph.D., of the American Psychological Association, for his perspective on the FMSF's role in silencing therapists. The newsletter also addresses David Calof's accusations of harassment against the FMSF, refuting them and pointing out his credentials.

The Foundation plans to shift its focus from direct family support to "watch dog" activities due to reduced crisis needs. Educational efforts remain paramount, with a new pamphlet, "Recovered Memories: What the Experts Say," to be distributed.

The newsletter thanks contributors to the annual fundraising drive and acknowledges individuals who helped prepare the newsletter.

Legal Corner

Status of Third-Party Malpractice Suits: New Hampshire Supreme Court: Therapist Owes a Duty to Accused Parent (Hungerford v. Jones, 1998 N.H. LEXIS 94)

This section details the legal recourse for individuals accused of sexual abuse based on recovered memories, particularly when these memories are influenced by therapeutic intervention. The New Hampshire Supreme Court ruled that a therapist owes a duty of care to an accused parent throughout the therapeutic process, even if the accused is not the patient. This duty arises from the foreseeability of harm and the potential for damage to reputation, relationships, and the justice system.

The court identified four circumstances that magnify harm: when the accused is the father, when the therapist lacks experience, when suggestive techniques like recovered memory therapy are used, and when the therapist takes public action based on false accusations. The ruling emphasizes that recovered memory therapy creates a special relationship where the therapist's diagnosis can be a conclusive determination concerning the suspected abuser.

FMSF Legal Survey of Third-Party Suits

As of December 1998, the FMSF Legal Survey included 158 malpractice claims against mental health providers for alleged encouragement of false memories. Fifty-nine suits were brought by parents of adult patients, and ninety-nine by parents of minor children. The article notes that many suits allege malpractice and negligence, and some have resulted in jury verdicts in favor of the injured third party.

Criminal Trial Against Texas Therapists Continues

A federal criminal trial resumed in January 1999, involving five former employees of a Houston private mental hospital charged with insurance fraud. The indictment alleges the use of hypnosis, drugs, and isolation to recover memories of cult ritual abuse, as part of a conspiracy to prolong hospitalization and collect insurance payments.

Souzas Won't Go to Prison, But Still Under House Arrest

Shirley and Ray Souza, convicted in 1993 for child abuse, were ordered to serve probation and house arrest for nine years, with three additional years under house arrest. Their ordeal began in the late 1980s when their youngest child's recovered memory therapy led to accusations of abuse.

Illinois Appellate Court Reverses Earlier Ruling re: Applicability of Discovery Rule (Ferrer v. Kuhl, et al and Clay v. Kuhl, et al, 1998 Ill.App. LEXIS 864)

An Illinois Appellate Court held that the common law discovery rule applies to toll the statute of limitations in childhood sexual abuse cases when the victim represses memories. This ruling contrasts with a previous one and highlights inconsistencies in Illinois statutes.

Minnesota Appellate Court Dismisses Claim by 54-year-old Man Alleging Sexual Abuse at Age 36 by Priest (Ivers v. Church of St. William, 1998 Minn. App. LEXIS 1397)

The Minnesota appellate court affirmed dismissal of a claim where a man alleged sexual abuse by a priest 16 years earlier, stating that the plaintiff did not know whether his mental anguish was attributable to marital problems or the priest's actions until 1992.

Two Articles of Interest to the Legal Profession

Allen Feld

This section reviews two articles relevant to attorneys representing retractors and parents.

"Tales of Sexual Panic in the Legal Academy" by Edward Greer critiques the position that falsely accused fathers should have no legal remedy against therapists. Greer argues that parents should have access to courts to sue their daughter's therapist.

"The Scientific Status of Research on Repressed Memories" by Harrison G. Pope, Jr., Paul S. Oliva, and James I. Hudson reviews 33 studies, demonstrating that amnesia for traumatic events is rare and typically associated with physical incidents or biological explanations, with no scientific basis for repression.

Moral Panics and the Social Construction of Deviant Behavior

Jeffrey S. Victor's article explains forms of collective behavior like moral panics, suggesting they are products of sociopolitical processes rather than individual psychological characteristics.

Editorial Opinion

The editorial reflects on the difficulty of handling "he said/she said" cases where proof of guilt is hard to establish due to the vagaries of human memory. It notes how courts are increasingly dealing with amnesia claims and recovered memories, describing memory as a reconstructive process where events can be altered or erased.

New Books

When Is It Legitimate to Help People Remember by Lena Hellblom, Ph.D.

This section reviews a Swedish book recommending "cognitive interviewing" for memory recall. However, it expresses concern that the book's combination of this method with unscientific speculations about amnesia and remembering could lead to the creation of false memories, legitimizing police and others in helping individuals recall events that may not have occurred.

Behind the Barrier by Susan Hoxter

This book tells the story of a Seattle family where a woman's recovered memories led to accusations against her father and the removal of her children. The book describes the failures of a women's shelter and child protective services, and the author explains the decision of a group of people to picket due to the difficulty and cost of seeking justice.

Continuing Education Watch

This section discusses a notice for a program on "Traumatic Incident Reduction" (TIR) offering APA-approved continuing education credits. TIR is described as a technique using regression (without hypnosis) to help clients eliminate negative effects of traumatic incidents. The article also touches upon "Bio-Energetics" developed by Eva Reich, daughter of Wilhelm Reich.

It also includes an internet comment about a program from the Traumatology Institute @FSU, which offers certification as a "Compassion Fatigue Specialist."

Recurring Themes and Editorial Stance

The recurring theme throughout this issue is the critical examination of the recovered memory movement and its impact on individuals, families, and the legal system. The FMSF Newsletter consistently questions the validity of recovered memories, highlights cases where false accusations have led to severe consequences, and advocates for a more rigorous, evidence-based approach to memory and trauma. The editorial stance is clearly critical of therapeutic practices that may lead to the creation of false memories and supportive of legal measures that hold therapists accountable for their actions, particularly when they affect third parties. The newsletter also emphasizes the importance of education and advocacy in addressing what it views as a significant problem in the mental health field.

This issue of the FMS Foundation Newsletter, dated January-February 1999, Volume 8, Number 1, addresses the complex and often devastating impact of false memories on families, with a strong focus on legal precedents and personal narratives of estrangement and reconciliation.

Letters from Readers

The "From Our Readers" section features several poignant letters. A letter titled "Good Advice" from "A Waiting Dad" expresses gratitude for the FMS Foundation's support over six years of estrangement from his daughter and grandchildren, emphasizing the importance of maintaining loving communication and hoping for a better year. Another letter, "Hugs for the Holidays?", recounts a tentative but hopeful step towards reconciliation: a daughter inviting her parents to meet her children and offering a hug after six years of negative contact. The author expresses relief that they did not make retracting or apologizing a condition for reconciliation.

"A Mom" writes about a "Cult-Like Experience," comparing the situation of women trapped in false memories to followers of Jim Jones or David Koresch, suggesting that therapists can create a "make-believe world" from which rescue is difficult. She refers to her daughter's experience as "what happened to you in therapy" and expresses a desire for those involved to understand the horror and learn from it, rather than seeking to inflict suffering.

"Mother of a Retractor" discusses the difficulty of recovering from years of trauma and horror, even after a breakthrough. She notes the role of "enablers" in supporting the "insanity" of victims and states her objective is not to make them suffer but to help them understand the depth of the horror and learn from the experience. She emphasizes the need for fair hearings and due process.

"Don't Wallow in Old Sufferings"

This section features two perspectives on reconciliation and moving forward. "A Retractor" responds to a previous newsletter article, reflecting on her own journey of returning to her parents after years of estrangement. She initially struggled with the condition of clearing her father's name, finding it easier to blame her parents for not protecting her from alleged abuse. After years of gradual communication, she was able to place responsibility on the therapist. She expresses a wish for "a retractor" to move past blame and embarrassment, suggesting that dwelling on the past hinders rebuilding life in the present.

"A Dad" offers a perspective on his daughter's recovery, emphasizing the importance of moving past the past and focusing on rebuilding life. He expresses a desire for his daughter to build strength, take charge of her life, and overcome victimhood. He advocates for expelling victimhood from their lives and focusing on recovery rather than apology as the path to reconciliation.

Legal Case: Joel Hungerford v. Susan L. Jones

A significant portion of the newsletter is dedicated to the legal case of Joel Hungerford v. Susan L. Jones, decided by the Supreme Court of New Hampshire on December 18, 1998. The case concerns the duty of care owed by a mental health care provider to the father of an adult patient when the patient accuses the father of sexual abuse during therapy. The court addressed two questions: whether a therapist owes a duty to diagnose and treat the patient with professional skill when the diagnosis implicates the father, and whether a therapist owes a duty to act with reasonable care to avoid foreseeable harm to the father resulting from the treatment. The court responded affirmatively to both questions, with limitations.

The case involved Susan L. Jones, a social worker with limited experience in repressed memory therapy, who treated Laura B. Jones allegedly failed to inform Laura of her limited experience and the controversy surrounding repressed memory techniques. Jones led Laura to believe her nightmares were "flashbacks" and "recovered memories" of sexual abuse by her father, Joel Hungerford. Jones used a "visualization" or "imagery" technique, leading Laura to "recall" five episodes of sexual assault by her father. Jones did not consult other professionals and, at her direction, Laura ceased contact with her father and filed a complaint against him. The court noted that Laura's recovered memories were later ruled inadmissible at trial.

The Supreme Court recognized that while therapists generally have broad latitude, a duty of care to the accused parent arises when the therapist or patient, with the therapist's encouragement, takes public action concerning the accusation. This duty is particularly relevant when the accused is the patient's father, the therapist lacks qualifications, uses controversial techniques, or the accusations are made public. The court reasoned that the potential for harm from misdiagnosis and false accusations is severe and can devastate families and society by casting doubt on true claims of abuse. The duty is breached if the misdiagnosis results from the use of non-accepted psychological phenomena or a lack of professional qualification.

Resources and Information

The newsletter provides various resources for readers. It lists contacts for FMSF local chapters across the United States and internationally, encouraging people to connect with others in their area. It also highlights useful websites like StopBadTherapy.com and FMSFonline.org, which offer information on professional regulatory boards, links to resources, and background information on the U.S.A.

Several books are recommended, including "Psychology Astray: Fallacies in Studies of 'Repressed Memory' and Childhood Trauma" by Harrison G. Pope, Jr., and "Smiling through Tears" by Pamela Freyd and Eleanor Goldstein, which uses cartoons to describe the recovered memory movement.

Information is also provided on how to change addresses, contact information for the Michigan Counseling Center, estate planning for FMSF, and networking for families whose daughters have disappeared. A video tape order form for "When Memories Lie......The Rutherford Family Speaks to Families" is also included.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the profound and often destructive impact of false memories on family relationships, the legal and ethical responsibilities of mental health professionals, and the importance of support networks and reliable information. The FMS Foundation clearly positions itself as an advocate for those who have experienced or are affected by recovered memory phenomena, providing a platform for personal stories, legal analysis, and practical resources. The editorial stance is one of support for families navigating these complex issues, emphasizing the need for critical evaluation of therapeutic practices and the potential for harm from misdiagnosis and unsubstantiated accusations.