False Memory Syndrome Foundation - Vol 08 No 07 - 1999 octnov

Magazine Overview

The "FALSE MEMORY SYNDROME FOUNDATION NEWSLETTER" Vol. 8, No. 7, dated October/November 1999, is a publication focused on critiquing and raising awareness about issues surrounding recovered memory therapy and its impact on individuals and the mental health field. The newsletter features a quote from Andrea Gerlin in the Philadelphia Inquirer about the healthcare industry's culture of blame and self-policing, which the editorial board finds applicable to the recovered memory controversy.

Editorial and Main Themes

The central theme of this issue is the "culture of denial" within the medical and psychological professions regarding the problems associated with recovered memory therapy. The editorial highlights the silence of the majority of psychiatrists, evidenced by a survey where 69% acknowledged the problem of false accusations of childhood sexual abuse, yet felt pressured not to speak out. This silence, the newsletter argues, allows a vocal minority to downplay the issue and rationalize failures, often through ad hominem attacks against the FMS Foundation.

The newsletter emphasizes the ethical imperative of "do no harm" and criticizes the "loud minority" for rationalizing inaction and attacking critics. It points to examples like Allen Feld's critique of the FMS Foundation and Ross Cheit's description of an FMSF operative, questioning the scholarly nature of such attacks.

Key Articles and Discussions

Characteristics, Context and Consequences of Memory Recovery among Adults in Therapy: This section reviews a study by Andrews et al., questioning its methodology and conclusions, particularly the claim that most recovered memories preceded therapy. It suggests that the study's reliance on therapist reports may be biased and calls for more rigorous prospective studies.

Who Speaks for the Clients? (Allen Feld): This piece discusses the American Psychological Association's (APA) stance on recovered memory therapy, noting their statement of "not taking a position" is itself a position. It criticizes the APA for failing to distinguish between appropriate and harmful therapy and for not being responsive to consumer complaints, suggesting that courts are often the only recourse.

Who Speaks for the Clients II? (FMSF Staff): This section raises concerns about the training and credentials of some therapists, particularly in Washington State, where a 12-week "Counseling and Hypnotherapy" course, with minimal qualifications, can lead to registration as a counselor. It highlights the potential harm to clients from untrained or incompetent therapists.

More on Informed Consent (Allen Feld): This article addresses Dr. Paul Fink's criticism of the FMS Foundation's demand for informed consent. Feld counters by citing ethical codes from the American Medical Association and American Psychiatric Association that mandate physicians to present medical facts and alternatives to patients. It argues that demanding informed consent is not an attack on psychotherapy but a necessary step for patient protection.

Suggested Revisions for "Recovered Memory" Guidelines of Australian Psychological Society: This section reports on suggested revisions to the Australian Psychological Society's guidelines, noting a shift towards more "client and therapist sensitive" language, including the idea that therapeutic interventions may have indirect impacts and that memories can be "metaphorically true."

Charter Hospitals in News Again: This brief report notes that three private psychiatric hospitals in Massachusetts owned by Charter Behavioral Health were prohibited from treating Medicaid and Medicare patients due to violations, including the improper use of restraints on children.

I SAY, I SAY: Time to close the book on recovered memory (By Morton S. Rapp, MD): Dr. Rapp argues that the recovered memory movement (RMM) is a phenomenon that has run its course, comparing it to witch hunts and McCarthyism. He contends that RMM relies on unreliable witnesses and has unraveled due to its own excesses, with managed care companies now unwilling to pay for such treatments.

BOOK REVIEW: Therapy's Delusions by Ethan Watters and Richard Ofshe: Reviewed by Harold Lief, M.D., this review finds much to agree with regarding the critique of psychoanalytic theory and the role of suggestion in psychotherapy. However, Lief disagrees with the authors' broad attack on "psychodynamic psychotherapy," arguing that they equate it with classical psychoanalysis and fail to fully describe it. He defends the value of "talk therapy" and emphasizes the importance of integrating biological and psychological approaches.

A BOOK FOR THERAPISTS: The Psychotherapist's Guide to Human Memory by Janet Jones: This book is recommended as essential reading for psychotherapists to understand human memory, its construction, retrieval, and distortions, thereby helping to prevent false memory syndrome.

• LEGAL CORNER: This section details several legal cases:
• Hess et al v. Juan Fernandez, et al: A $862,000 malpractice award against a psychiatrist for implanting false memories.
• Drawdy v Brightwater, Oregon: A lawsuit settlement where a therapist allegedly encouraged beliefs of cult abuse and false identity.
• Drake University and Lutheran Hospital Settle Malpractice Suit: A confidential settlement involving a law student who accused a counselor of planting false memories and engaging in a sexual relationship.
• Malpractice Settlement in Texas: A settlement for negligent psychotherapy, alleging implantation of false memories through hypnosis.
• Wrongful-Death Settlement in Texas: A settlement after a woman, convinced she was a victim of satanic ritual abuse, committed suicide following therapy.
• $366,800 Awarded in Wrongful Arrest Resulting from Recovered-Memory Accusation: A case where a man was arrested based on his adopted daughter's accusation of rape, later dropped due to lack of evidence.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the critique of recovered memory therapy, the ethical responsibilities of mental health professionals, the challenges of obtaining informed consent, and the legal ramifications of malpractice and false accusations. The editorial stance is clearly critical of recovered memory therapy and advocates for greater accountability, transparency, and ethical practice within the mental health field. The FMS Foundation positions itself as a voice for consumers and professionals seeking to address the harms caused by certain therapeutic practices.

Title: FMS Foundation Newsletter
Issue Date: October/November 1999
Volume: 8
Issue: No. 7
Publisher: FMS Foundation
Country: USA
ISSN: 1069-0484

This issue of the FMS Foundation Newsletter delves into a variety of complex cases and issues surrounding false memory syndrome, recovered memory therapy, and allegations of abuse. It features legal updates, personal narratives, and commentary from professionals in the field.

Legal Cases and Rulings

Quebec Court Criticizes Police Investigation

Judge Lefebvre sharply criticized a police investigator and prosecutor for basing a case solely on the statements of an adopted daughter, stating that the prosecutor "destroyed the life of a man on very little evidence." The judge ruled that police need more than just the alleged victims' accusations, even if they believe them, a decision that may have far-reaching consequences in other sex-assault cases.

New Hampshire Supreme Court on Expert Testimony

The New Hampshire Supreme Court ruled that expert testimony on the risk of false memory implantation through suggestive and coercive questioning is admissible. This is because the average juror may not possess the knowledge or understanding of the proper protocols and techniques used to interview child victims.

Washington State Supreme Court on MPD

The Washington Supreme Court ruled that Multiple Personality Disorder (MPD), now known as Dissociative Identity Disorder (DID), is generally accepted within the scientific community. However, this does not mean that evidence about MPD is automatically admissible in any particular case. The court reviewed the case of William Green, a repeat offender, and found that the trial court properly excluded the DID insanity defense.

California Eliminates Statute of Limitations Retroactively

The California Supreme Court upheld a 1994 law in a 4-3 decision, ruling that suspected child molesters can be prosecuted years or decades after the alleged crime, even if the statute of limitations has passed. This ruling contradicted decisions by courts in some other states, where such laws were deemed unconstitutional.

U.S. Supreme Court to Rule on Grandparents' Rights

The U.S. Supreme Court agreed to hear the appeal of Gary and Jennifer Troxel, who sought to regain visitation rights to their granddaughters over the objections of their mother. The court's decision is expected by next June.

Updates of Cases

Wenatchee Settlement

Paul Glassen, a former social worker in Wenatchee, received a letter from the city clearing him of any criminal activity as part of a settlement that included $295,000 and $2,500 in mediation costs. The city had never publicly admitted improper conduct during the 1994-95 investigation, during which Glassen was arrested on a charge of witness tampering.

Little Rascals Day-Care Case Concludes

The Little Rascals day-care case in Edenton, NC, which began in 1989 and was the focus of several Frontline documentaries, has finally concluded. Robert F. Kelley Jr., who operated the day care, had been sentenced to 12 consecutive life terms on sexual abuse convictions. His convictions were overturned in May 1997, and the state dropped all charges. Charges of sexual abuse involving a woman who said Kelly had abused her when she was 9-years-old also remained but have now been dropped.

Amirault Case Commentary

This section includes media comments on the Massachusetts Supreme Judicial Court's decision to send Cheryl Amirault back to prison. Critics argue that the prosecutions occurred in an atmosphere of "hysteria" and that empirical research later clarified how easily ideas can be planted in a child's head. Some believe the SJC has been determined to defend prosecutors and has refused to allow new trials to present scientific testimony that was not well-developed at the time of the original trials.

Paul Ingram Update

Daniel Brailey, founder of an organization working to free Paul Ingram, reported that Ingram remains in prison in Delaware. Ingram, who confessed to practicing SRA after his daughters claimed recovered memories of abuse, was later shown by Richard Ofshe to have falsely confessed to ideas suggested to him.

Personal Narratives and Reflections

Starting Anew

A mother shares her experience of reconnecting with her son after nine years of estrangement. Despite the long separation, the love for her son returned, and they have decided to start a new life across the continent.

Reconciliation After Accusation

A mother expresses joy and gratitude for a phone call from her daughter after eight years, during which the daughter admitted she had made a mistake in accusing her father and asked for forgiveness. They are hopeful for the full restoration of their damaged relationship.

A Constant Ache

A father describes the ongoing pain of separation and unjust accusation, noting that life continues but the ache remains.

Daughter's Return

A parent shares the joy of their daughter's return after eight and a half years of separation. They welcomed her back with open arms and allowed her to share her experiences in her own way.

"Doubtful Anything Will Happen"

This piece reflects on ongoing family trials with no communication over two years, even after the death of the alleged perpetrator. The author expresses sadness that credence is given to "quack counseling."

Surviving Therapy-Induced Alienation

A letter discusses the phenomenon of adult children announcing that their family has been living a lie and that they were abused, leading to a severing of ties with parents. The author notes that this is a common experience and that many parents become victims of therapy-induced alienation.

Corroborate Repression

This section questions the concept of massive repression and suggests studying earthquake survivors in Turkey to find individuals who have repressed traumatic experiences. The author argues that searching for repressed memories should not be considered legitimate therapy without concrete proof of such repression.

What to Do?

This section addresses parents whose children have disowned them, possibly due to therapy. It advises making contact with the estranged child and recognizing that the other parent may also be devastated.

Open Letter to Media

Donna Anderson, a survivor of false memory syndrome, writes to the media expressing disappointment with programs that promote the validity of MPD/DID diagnoses, calling them controversial and potentially harmful. She urges for a more balanced representation of the issues.

Therapist's Perspective on Memory

A quote from Irvin D. Yalom's "Love's Executioner" reflects on the therapist's role, shifting from uncovering past traumas to being lovingly present with the patient, emphasizing trustworthiness and healing.

Attention Mental Health Professionals

An invitation for mental health professionals to share their experiences with FMS, either personal or professional, for the FMSF newsletter.

Dear Anne Response

A reader responds to a letter from "Anne," suggesting that while feeling good after breaking contact with her mother might be true, it doesn't negate the mother's potential devastation. The response encourages making contact and relating to people without being controlled by them.

The Illusive Satanists

Jaye D. Bartha recounts her experience with recovered memory therapy, where she came to believe she was raised in a Satanic cult. She describes how therapy twisted her thinking, leading to panic, insomnia, and other distress. She concludes that the "illusive Satanists" were created in therapy and do not exist.

Resources and Publications

Encarta Dictionary Definition

Provides the definition of "False Memory Syndrome" from the new Encarta Dictionary.

Upcoming Book

Announces a forthcoming book titled "Recovered Memories of Child Sexual Abuse: Psychological, Social and Legal Perspectives on a Contemporary Mental Health Controversy."

New Web Sites

Lists several new web sites of interest, including the British False Memory Society, StopBadTherapy.com, and the Australian False Memory Association.

Therapy's Delusions

Highlights the book "Therapy's Delusions: The Myth of the Unconscious and the Exploitation of Today's Walking Worried" by Ethan Watters and Richard Ofshe.

FMSF Online

Provides the web address for FMSFonline.org, where past newsletters and transcripts of therapy session tapes are available.

Correction

Corrects the title of a Newsday article mentioned in a previous issue.

Book Order Information

Provides details for ordering the book "Making of an Illness" by Gail Macdonald.

Estate Planning

Offers contact information for those with questions about including the FMSF in their estate planning.

Bulletin Board

The Bulletin Board lists contacts and meeting information for FMSF chapters across the United States and internationally, along with deadlines for newsletter submissions.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently addresses the controversial nature of recovered memory therapy, particularly its potential to create false memories and lead to family alienation. The publication provides a platform for individuals who have experienced negative outcomes from such therapies, as well as legal professionals and researchers who question its validity. The editorial stance appears to be critical of therapies that may induce false memories and emphasizes the importance of critical evaluation of psychological claims, advocating for a more balanced and evidence-based approach to mental health treatment. The newsletter also highlights legal cases and rulings that impact the understanding and application of memory-related psychological concepts.