False Memory Syndrome Foundation - Vol 08 No 02 - 1999 mar

Magazine Overview

Title: FALSE MEMORY SYNDROME FOUNDATION NEWSLETTER
Issue: Vol. 8 No.2
Date: March 1999

This issue of the FMS Foundation Newsletter reflects on the organization's longevity and the evolving landscape of the False Memory Syndrome (FMS) issue. The newsletter expresses a mix of satisfaction with progress and disappointment with the pace and focus of change within the professional community and the media.

The FMS Foundation's Perspective

The editorial opens by acknowledging the surprise that the FMS Foundation is still active in 1999, having initially believed that identifying the FMS problem would lead to swift professional reform. Instead, many in the profession "circled the wagons" to defend the indefensible. While acknowledging some positive changes, such as professional organizations addressing recovered memories and workshops warning of memory-recovery techniques, the Foundation is disappointed that the focus has shifted to avoiding lawsuits rather than therapeutic validity and helping families reconcile. The number of calls for assistance has dramatically decreased, leading the Foundation to phase out that part of its organization. However, they continue to receive about 100 contacts daily via the web and internet, primarily for information rather than crisis intervention.

The Foundation notes that the "FMS problem no longer seems a crisis but it is still there," likening the situation to "they are hanging fewer witches now."

Media Portrayals and Scientific Skepticism

The newsletter criticizes media portrayals that sensationalize psychological disorders. An example is the Oprah Winfrey Show's focus on Cameron West's book about multiple personality disorder (MPD), which emphasized the "romantic view" and the drama of being a "multiple." The Foundation argues that the show ignored scientific skepticism and concerns about over-diagnosis of MPD (now DID), as well as lawsuits from former patients who believed they were wrongly diagnosed. The article points out that the world's most famous multiple, Sybil, now appears not to have been a multiple at all, and that many professionals believe MPD may be an artifact of therapy itself. The program's focus on drama and entertainment is contrasted with the scientific evidence that was neglected.

Legal Developments and Court Cases

The "Legal Corner" section details court decisions regarding "repressed memory" claimants. Several states have denied claims for compensation from Crime Victims Compensation Funds and Workers' Compensation Funds. The rationale often includes the lack of objective evidence, the controversial nature of "memory retrieval" therapy, and the potential for producing false memories. Cases from Washington State, New York, and California are discussed, highlighting how courts have affirmed denials of benefits, often requiring "independently verifiable objective" evidence and cautioning against the use of suggestive therapeutic techniques.

Research on Dissociative Disorders

A section titled "BUT IT'S IN THE DSM" examines a study by Harrison Pope, Jr. and colleagues published in the American Journal of Psychiatry. The study surveyed board-certified American psychiatrists regarding DSM-IV diagnoses of Dissociative Identity Disorder (DID) and Dissociative Amnesia (DA). The findings indicate a lack of consensus, with only about 35% of respondents believing these diagnoses should be included in the DSM-IV without reservation, and a higher percentage supporting their inclusion only as "proposed" diagnoses. Many psychiatrists questioned the validity of these diagnoses, with only 21-23% believing there was strong evidence of validity. The study suggested that psychodynamic psychiatrists were more likely to accept these diagnoses without reservation.

The article raises critical questions about whether courts should consider these diagnoses credible, whether therapists should use DSM-IV definitions, and whether insurance and tax dollars should be spent on treating these questionable diagnoses.

Family Communication and Reunification

Allen Feld's article, "ESSAY ON RECONCILIATION: TO TALK OR NOT TO TALK, THAT IS THE QUESTION," explores patterns of family communication in the context of reunification after accusations related to FMS. Feld suggests that while open communication is often endorsed, families may avoid discussing accusations for fear of derailing reunification or due to apprehension about the stress involved. He notes that factors such as family history, generational differences, and the interplay of family members' needs and desires influence communication patterns. Feld concludes that there is no single ideal approach to family communication or reunification and that each family's situation is unique.

Second Generation FMS

Howard Fishman's article, "SECOND GENERATION FMS: Much Remains to Be Done," discusses cases where individuals, particularly women, "recovered" memories of childhood sexual abuse (sometimes with Satanic Ritual elements) but did not make allegations themselves. Instead, they allegedly caused accusations to be made against others, often involving their own children. The article highlights a Pennsylvania case where a man was indicted on numerous counts of child sexual abuse based on disclosures by his step-children, with evidence suggesting the step-daughter was influenced by her father's girlfriend.

Continuing Education Watch and Model Mugging

This section highlights advertisements for techniques like "Tap repressed feelings and memories of trauma victims in 7 minutes" and "Traumatic Incident Reduction." It also introduces "Model Mugging," a technique used in trauma treatment workshops, where participants are encouraged to attack someone in a padded suit, with the idea that it might trigger repressed memories of sexual abuse.

Legal Case Summaries

• Further legal cases are summarized, including:
• Washington State: Department of Labor and Industries v. Denny: A court affirmed denial of benefits to a woman claiming disability due to recovered repressed memories of sexual abuse, ruling that eligibility required employment at the time of the criminal act, not when the memory was recovered.
• Christensen v. Department of Labor and Industries of the State of Washington: An appellate court affirmed denial of benefits for a repressed memory claim of sexual abuse, stating the claimant was an adult at the time of the alleged assault and had not reported it within one year.
• New York State: In re: Mary Gullo v. Southern Erie Clinical Services: A New York Appellate Court affirmed denial of workers' compensation benefits to a counselor who claimed to experience flashbacks of repressed memories of childhood abuse triggered by her work, concluding she did not suffer a "work-related accident."
• South Carolina Appellate Court Holds Discovery Rule May Apply to Repressed Memory Claims (Moriarty v. Garden Sanctuary Church of God): An appellate court held that the discovery rule might apply to toll the statute of limitations in repressed memory cases, but mandated "independently verifiable objective" evidence and expert testimony. The court recognized the general theory of repressed memory but did not address specific case concerns.

Dissociative Defense Mechanisms and Robust Repression

This section discusses the theory of repression and dissociative defense mechanisms, contrasting them with the concept of "robust repression." It notes that studies of trauma victims (e.g., from combat, natural disasters) have not found evidence of repressed memory loss, but rather "memory distortions." The article questions the equivalence of dissociative defense mechanisms with massive repression.

Criminal Trial Against Texas Therapists Ends in Mistrial

A mistrial was declared in a federal insurance fraud case against four therapists and a hospital administrator. The indictment alleged improper use of hypnosis, drugs, and isolation to induce false memories of sexual and ritual abuse to prolong hospitalizations and insurance payments. The mistrial occurred after a juror was disqualified due to contact with a prospective defense witness. Some jurors expressed skepticism about the evidence of insurance fraud, while others were troubled by the lengthy hospital stays and diagnoses.

The Need for Corroborating Evidence

This article emphasizes that the accuracy of "recovered memories" cannot be determined without corroboration, and that therapy procedures can produce false memories. It highlights that courts in several jurisdictions now require corroborating evidence to support such claims. Objective evidence such as confessions, diaries, photographs, police records, and medical documents are considered necessary. The article also references various law review articles examining the connection between suggestive therapy and repressed memory claims.

Recurring Themes and Editorial Stance

The newsletter consistently adopts a critical stance towards the theory of repressed memory and its therapeutic applications, particularly when used to support allegations of child sexual abuse. It champions the need for scientific rigor, objective evidence, and corroboration in such cases. The FMS Foundation positions itself as a counterpoint to what it perceives as sensationalism in the media and a lack of critical evaluation within parts of the mental health profession. The editorial stance is one of skepticism towards recovered memories, advocating for caution in legal and therapeutic contexts, and emphasizing the potential for harm to individuals and families caught in the FMS phenomenon. The newsletter also promotes the importance of family reunification and communication, albeit with a cautious approach to discussing past accusations.

Title: FMS Foundation Newsletter
Issue: Vol. 8 No. 2
Date: March 1999
Publisher: FMS Foundation
Country: USA
Language: English

This issue of the FMS Foundation Newsletter delves deeply into the complex and often contentious topic of repressed and recovered memories, particularly in the context of child sexual abuse allegations. The publication aims to inform readers about the scientific, legal, and personal ramifications of these memory claims.

Key Articles and Discussions

Orphans of the Memory Debate

This lead article, written by Jaye D. Bartha, uses a hypothetical scenario involving author Stephen King to illustrate the profound impact that repressed memory therapy (RMT) could have on an individual's life and creative output. Bartha argues that RMT can lead to the creation of false memories, causing significant distress and potentially altering a person's perception of their past and relationships. The article highlights the plight of those who have undergone such therapy, referring to them as "orphans of the memory debates," who are left to untangle their lives from the catastrophic effects of RMT, often facing institutionalization, addiction, joblessness, and poor health.

Legal Perspectives on Repressed Memories

Several legal scholars and commentators contribute to the discussion on the admissibility of repressed memory evidence in court. Articles by J.M. Murry, S.F. Rock, and J.A. Spadaro examine the legal history, reliability issues, and the burden of proof required for such claims. Spadaro's note specifically discusses the Daubert standard and the scientific community's debate on the validity of repressed memory theory. S. Taub's article addresses the legal treatment of recovered memories of child sexual abuse, emphasizing the need for courts to strike a "delicate balance" between protecting accusers and the accused by reflecting accurate scientific information.

Critiques of Repressed Memory Therapy

Terrence W. Campbell's book, "Smoke and Mirrors: The Devastating Effect of False Sexual Abuse Claims," is reviewed by Paula Tyroler. The review highlights Campbell's examination of repressed memory claims, tracing their roots to Freudian theory and critiquing the lack of scientific validation. Campbell's work is described as analyzing the processes that can lead to the creation of "bizarre false memories" and the alienation of individuals from their families. The review also notes Campbell's critique of professional organizations for not denouncing RMT despite the estimated 750,000 clients at risk of developing false memories.

Personal Accounts and Reader Contributions

The newsletter features several personal narratives from readers. "A Journey of Faith" recounts a mother's experience of being falsely accused by her daughter of sexual molestation and satanic cult abuse, her subsequent acquittal, and a later, unexpected reconciliation. "Mother of a Retractor" expresses irony about the self-concern of those in RMT, who are indifferent to the feelings of parents denied access to their adult children. "Given Up Hope" is a poignant letter from parents who have lost contact with their daughter and grandchildren. "As If Nothing Had Happened" shares a story of a daughter reaching out to her father after years of estrangement.

Continuing Education and Professional Commentary

An announcement for a seminar on "Psychoanalysis Enacted: Re-experiencing the Old, Constructing the New" by Albert Pesso, Martha Start, and Bessel van der Kolk is included, outlining the Pesso Boyden System Psychomotor (PBSP) approach. Earl N. Solon, M.D., offers commentary on the fragmentation of the psychiatric profession and the lack of accountability, suggesting that external pressure from those who experience harm is necessary to address "destructive clinical pretensions."

FMS Foundation Activities and Resources

The newsletter provides information on the FMS Foundation's website, upcoming annual meetings in Toronto, and various resources such as books and a video tape order form. It also includes a bulletin board with contact information for FMS support groups across the United States and internationally, as well as an "Area Code Change" alert and an "Address Change and Snowbird Alert."

Recurring Themes and Editorial Stance

The recurring themes in this issue are the controversy surrounding false and repressed memories, the critique of recovered memory therapy (RMT), the legal challenges in cases involving memory claims, and the profound personal impact on individuals and families. The editorial stance of the FMS Foundation Newsletter is clearly critical of RMT, advocating for scientific rigor, professional accountability, and the protection of those accused of offenses based on questionable memory recovery techniques. The newsletter serves as a platform for sharing research, legal analysis, and personal testimonies that challenge the validity and application of repressed memory theory.