False Memory Syndrome Foundation Vol 06 No 05 1997 may

20 Pages·1997·0.96 MB·English

FALSE MEMORY SYNDROME FOUNDATION NEWSLETTER
S::J ·'
[ ..· - _I May 1997 Vol. 6 No.S
Dear Friends, the central cause of schizophrenia.
Do "hit and run accusations, Because the mother was considered to
John Briere, Ph.D. (Therapy for
"isolation" and "cutting-off" from have caused the problem, therapists
Adults Molested as Children, 1989)
family and friends constitute legitimate who held this view removed the patient
noted that psychological surgery or a
psychological treatments? That is the from the family, and to undo the dam
"parentectomy" may be warranted
question that many families have asked age, the therapist would reparent the
when the "nonoffending" parent
the Foundation, but it is more appro patient. This belief kept a strong hold
directly or consciously defends the
priate to ask that question of profes on a segment of the psychiatric com
molester and negates the survivor.
sionals and professional organizations. munity through the 50s and 60s until
Renee Fredrickson in Repressed
"Isolation" is old stuff in psychia the genetic bases of psychiatric disor
Memories: A journey to recovery from
try. In A History of Psychiatry, Shorter ders began to be understood. It still
sexual abuse, (1992) recommends:
reminds us that in 1817, Esquirol rec continues in some therapy groups.
ommended that "removal from family "Avoid being tentative about your Untold thousands of mothers suf
repressed memories. Do not just tell
and friends would contribute greatly to fered needlessly because of the mis
them; express them as truth. If months
diverting the patient from the previous guided idea of schizophreno-genic
or years down the road, you find you
ly unhealthy passions that had ruled his mother, just as untold thousands of
are mistaken about details, you can
or her life." (p. 13) Shorter writes that mothers and fathers are suffering need
always apologize and set the record
"The notion of isolating asylum straight. You cannot wait until you are lessly now because of this recycled
patients from friends and family was doubt-free to disclose to your family. belief.
also very familiar. Historically, these This may never happen." (p. 203) Families should ask the profes
are techniques that each generation of sional organizations to address this
The Canadian Psychiatric
psychiatrists invents for itself."(p. 131) question: Do "hit and run" accusa
Association has put itself on record as
"Hit and run" accusations, "isola tions, "cutling-off" and "isolation"
to the dangers of the kinds of con
tion" and "cutting-off" seem to have from family and friends constitute
frontations that have been a component
become therapy practices accepted by legitimate psychological treatment?
of recovered memory therapy, but no
too many clinicians in the 1990s. They What does the evidence show? We sug
professional organization has yet
were suggested by Bass and Davis in gest you ask;
addressed the practice of cutting-off
the book most widely recommended
and isolation. The concern of families Harold Eist, M.D., President
by therapists, The Courage to Heal
is that cutting off and isolation are the American Psychiatric Association
(1988), a book endorsed by Judith very same practices used by cults to 1400 K Street NW
Herman, M.D. (Guide to Self-Help Washington, DC 20005
control information and to prevent
Books, 1993).
exposure to alternative ideas.
'The initial confrontation is not the The current acceptance of "cut
time to discuss the issues, to listen to ting-off' appears to be a carry-over In, this /ss1,1e •••
your abuser's side of the story, or to FMS News., .......................................2
from the 1940s when mothers were
wait around to deal with everyone's FeGttures. .......................................... 3
thought to be the cause of schizophre
reactions. Go in, say what you need to F.ocl:JS 0R,Sclence ........................... 5
nia, autism and homosexuality. The
say, and get out. Make it quick. If you Legal Cemer. ..............................- ... 8.
term Schizophreno-genic mother was
want a dialogue, do it another time." Boqk.f:levff'WS. ............................... /3·
coined in 1948, the heyday of explana
{p. 139) From O~r Reader$ ........................ 17
tions favoring child-rearing attitudes as Bu//a#n Board. .............................. /8
3401 Market Street. Suite 130, Philadelphia, PA 19104-3315, [phone], Fox [phone]
addition to some of the famous black- He believes that the flaws in this theo-
listed writers, Carol Tavris was asked ry when extended to patients without
to speak. Among her words: explicit memory of trauma are: "first,
dissociation is a chameleonlike
Correction "The second lesson is that the
process, perhaps as closely associated
In the April newsletter on page 2 blacldist wasn't unique at all. It has
with suggestibility as with trauma; sec
under "Our Critics" the reference to recurred throughoUl our history
never in the same fonn, but always ond, state-dependent learning does not
the preface of an e-mail solicitation
part of the same impulse. adequately account for the absence of
of protest letters was ambiguous. The
McCarthyism was what sociologists explicit memory and third, implicit
author of the preface was "martin"
call a moral panic-a contagion that memory does not map onto explicit
and the subject reference was
allows people to displace their fears memory in any direct or simple fash
"Urgent Action Call re: Abusers and anxieties onto the social devils of
ion." He notes that the "clinical appli
Lobby." The sender was crossposted the moment. In various times our dev
cation of current propositions about
on the [email protected] mailing ils have been witches, Communists,
traumatic memory to patients without
list. Ms. Sherry Quirk, the president foreigners, pedophiles, homosexuals,
explicit memory of trauma may war
and legal counsel for ACAA, was not prostitutes, and of course rock and roll
musicians. At this very moment, thou rant considerable caution."
the author of the preface and we apol
sands of parents have had their lives
ogize for any confusion.
ruined, and nearly a hundred daycare Sybil-The Making of a Disease: An
workers are in jail, because of prepos· Interview with Dr. Herbert Spiegel
Lawsuit Filed against Renee terous and wholly unconfirmed New York Review of Books, Apri\24, 1997
Fredrickson, Ph.D. charges of sex crimes against children, Mikkel Borch-Jacobsen
such as satanic rituaJ abuse. During
On April 4, 1997, a lawsuit was McCarthyism, teachers feared for The diagnosis of Multiple
filed against Renee Fredrickson, a St. their jobs if they belonged to a left Personality Disorder (MPD) was born
Paul psychologist who became a best wing group. Today teachers fear for with the publication of Sybil in 1973.
selling author and nationally known their jobs if they hug a crying child. As Although there were earlier books,
speaker by claiming expertise in in all moral panics, an accusation is such as The Three Faces of Eve, it was
enough to destroy a person's life.
"repressed memories" of sexual abuse Syhil that tied MPD to child abuse, a
and "recovered memory therapy." In Hysteria trumps evidence." notion that has. beCOme· .an eSSellda!
For more infomw.tion about the First
the lawsuit, Renee Fredrickson, Ph.D. feature of present-day MPD. MPD was
Amendment/Blacklist Project, write to
was accused by a former client of included in the DSM-ll!in 1980 due to
9538 Brighton Way, Suite 332, Beverly
using hypnosis, misinformation and the efforts of Putnam, Braun, and
Hills, CA 902/0.
suggestion to implant horrifying false Kluft.
memories of "ritual cult abuse." Dr. Herbert Spiegel said that he did
Memory Systems and the
Through her books, audiotapes and not believe Sybil suffered from MPD.
Psychoanalytic Retrieval of
seminars, Fredrickson trained hun He also said:
Memories of Trauma
dreds of other therapists in the contro
C. Brooks Brenneis, JAPA 44/4 ''The therapists, with some excep
versial methods of "memory recovery."
tions, have become unconscious con
Fredrickson was a founder of one of This article about flaws in the con
artists. They are taking highly maJ
the organizations that merged to cept of traumatic memory notes that leable, suggestible persons and mold
become the American Coalition of the concept of a special traumatic ing them into acting out a thesis ..."
Abuse Awareness (ACAA). The plain memory includes the notion that an
"I think in this respect that the MPD
tiff's lawyer is R. Christopher Barden, overwhelming psychic experience gen
phenomenon of Sybil is an artifact that
Ph.D., J.D. See "Legal Corner" of this erates a defensively altered state of
was created by Connie Wilbur ..."
issue for more details. consciousness (specifically dissocia
"But I understand that the insurance
tion), "which encodes memory in
companies are wising up and are cut
First Amendment/Blacklist Project unassimilated visual, somatic, and
ting down on this. This may well be
behavioral, rather than linguistic
On March 12, 1997, there was a the end of the whole epidemic ..."
modes. Analytic reevocation and inter
press conference at the Motion Picture pretation of the original altered states When asked why he had not spo
Academy in Los Angeles to launch a of consciousness then permits the ken out about this before now, Dr.
project to commemorate the victims of transformation of 'early' traumatic Spiegel replied, "Because I was never
McCarthyism and the blacklist. In memory into 'later' explicit memory." asked as you are now asking me."
2 FMS Foundation Newsletter May 1997 Vol. 6 No. 5
1
S• F • •••••• Most of these parents did not real FMS Foundation has helped a number of
ly know what brought about the recon researchers malre contact with retractors and a
number of studies are emerging that are listed
nection to family. One mentioned it
in the references.
Returner and Retractor happened when the accuser had a baby. Uef and Fetkewicz 'sfirst work involved obtain
Research Another mentioned that her child ing basic profiles of retractors that included
returned on Mother's Day. Another demographics, therapy history and family con·
FMSF Staff
texts. Their ground-breaking analyses of the
said that illness in the family account
comments o/40 retractors have infonned every
In the April newsletter, we present ed for the return to the family. One per
one working in this new area. Lie/ and
ed data from the Family Survey son thought that her daughter returned Fetkewicz identified specific themes that seemed
Update. We noted that 7% of the adult because she had changed therapists W be involved with acquiring and later leaving
children of the families who returned while another believed that her inter false beliefs. Some of their findings have
the survey had retracted and about 25% vention on behalf of the grandchildren appeared in the Journal of Psychiatry and Law
in 1995 and others are currently in review.
had "returned." ("Returners" is the was the reason.
Janet Fetkewicz and Toby Feld are currently
term that we use to refer to children In each of three interviews parents expanding on this work. Structured interviews
who have returned to the family in were asked about the amount of con with a much larger population are in progress.
some ways after a period of alienation tact and the type of contact, and how Not only do they hope to gain greater depth and
detail, they want to identify specific groups for
and accusations but who do not talk that developed with time. In three
further research. For example, the March_
about what happened.) What do we cases the reconnection was with just FMSF Newsletter contained a short notice of
know about returners and retractors? the mother. Contact involved letters, work about suicides and the MPD diagnosis.
How do families cope with the phone calls and face-to-face meetings We will continue to work with other researchers
changed situations? This month we at family gatherings. Topics for discus and publish information in as timely a fashion
as is possible.
include (I) the results of interviews sion included such things as grandkids,
Currem Retrnctor Research
with nine families after their child had daily life and baseball. The majority of deRivera, J (in press). The consuuction of false mem
returned, (2) a summary of the retrac parents indicated caution, but they also ory syndrome: The experience of retractors.
Psychological Inquiry.
tor research and (3) an article by seemed upbeat ("it gets better," "felt Lief, H.l and Fetkewicz, J.M. (1995). Retractors of
Joseph deRivera, Ph.D. that reports on good," "distance is closing"). In a few false memories: the evolution of pseudomemories.
some retractor research and its impli cases more negative statements were Journal of Psychiatry and lAw, 23. 411-435.
McElroy, S.L. and Keck, P.E .. Jr. (1995). The fonna
cations for returners. detected ("tired of the game," "felt the tion of false memories. Psychialric Annals, 25, 720.
Prior to the Family Survey Update, coolness," "feels superficial"). One 725.
Nelson, E.L. and Simpson, P. (1994). First glimpse:
we conducted a series of three struc family did not want to have a third
an initial e~tamination of subjects who have rejected
tured telephone interviews each with interview. Their daughter had retracted their visualizations as false memories. Issues in Child
nine families over a time span ranging and apologized and they just "wanted Abuse Accusations, 6, 123-133.
Firs1-Person Accounts by Retrac1ors jn Journals
from eight to fifteen months, starting to put this behind them." In the nine Gavigan, M. (1992). False memories of childhood
when they first notified us that their families involved in the course of the se~tua! abuse: a personal account. Issues in Child
child seemed to be a returner. We year one family reported a retraction, Abuse Accusations, 4(4), 246-247.
hoped we might gain some insights two families indicated that communi Hines, S.H. (in press). A retrospective tale of psy
chotherapy: An incest dream. Psychotherapy Bulletin.
into the family dynamics that lead cation did not continue, and the rest of
Pasley, L. (1994). Misplaced trust: a first-person
from returning to retractions. The ages the families reported that relationships account of how my therapist created false memories.
of the parents ranged from 56 to 84 and seemed to be improving. None of the Skeptic, 2(3), 62·67.
the accusers age ranged from 28 to 48 nine families was seeing a professional
years old. One therapist sent a letter to for help with reconciliation. special thanks
the parents explaining how she reached Although these data provide no We extend a very special ''Thank you"
her diagnosis of sexual abuse by using clear guidelines for the hundreds of to all of the people who help prepare
scores on Blume's "Incest Survivors families who are now struggling with the FMSF Newsletter.
After Effects Checklist," Fredrickson's the problem of how best to handle fam Editorial Support: Toby Feld. Allen
"Symptom Checklist for Repressed ily reconciliation, they indicate what Feld, Howard Fishman, Peter Freyd.
Memories," and Whitfield's "Core occurred in a small sampling of fami Research: Merci Federici, Michele
Issues of a Person Raised in a lies with returners. Gregg, Anita Lipton. Notices and
Production: Danielle Taylor.
Dysfunctional Family." They seemed Retracwr Survey:
Columnists: Katie Spanuello and
typical of FMS accusations and fam Harold Lief. M.D. ( FMSF Advisory Board
members of the FMSF Scientific
Member) and Janet Fetkewicz ( FMSF staff )
ilies.
studied retractors to see if they could gain Advisory Board. Leners and informa
insights into the processes that take place. The tion: Our Readers.
FMS Foundation Newslelt8r May 1997 Vol. 6 No. 5 3
---'=-'
authority figure had the person make. expected to be perfect husbands,
UNIJERS'I .\Nil!N(; FMS
(For further information see Steven wives, or parents. They are, however,
lnscpll dt:RIVCLl CLul\ Uni\CI\Il)'
Hassan, Combating Cult Mind expected to be justifiably afraid of, and
Control). angry at, those who "abused" them. A
We know from the reports of
Self-narrative person may be somewhat aware that
retractors that many people have
All people try to make sense of she or he is enacting a role or, like a
developed false memory syndrome
their lives by creating a story to good method actor, persons may
(FMS). Still, it is difficult for most of
explain why they behave the way they almost completely forget that they have
us to understand how this might have
do. When people are unhappy, they been cast into a role. In this model, a
happened. In this article we describe
may search for explanations from patient is not so much an author of a
three different ideas or models that
childhood in an effort to find an story (as in the narrative model) or the
may help explain how FMS could hap
acceptable story. Because there are subject of a therapist's story (as in
pen: mind-control, self-narrative, and
many books and people that talk about mind-control model), as they were
role-enactment. We then describe a
repressed memories, people may use actors in a drama that is being played
study in which we asked retractors if
their own imagination to create a story out in our society. (See, for example,
they felt that these models described
about how they were abused based on The account of role enactment in a
their own experiences. Following is an
some isolated images and feelings. simulated prison by Haney, C., Banks,
abbreviated description of the three
Gradually a person starts to make C., & Zimbardo, P. m the
models:
sense of problems by assuming that a International Journal of Criminology
Mind-control
horrible trauma must have occurred. A and Penology, 1971).
The essential feature of mind-con
therapist may believe a patient's abuse Do any of these ideas really apply
trol is that a person's confidence is
story and help her to develop it. A ther to the development of FMS? We asked
undennined. Lacking confidence, a
apist may assume the patient repressed people who had actually experienced
person then allows someone else, an
a memory and may even become a FMS if they feel that any or all of the
authority, to provide a story that
coauthor of the story. In contrast with ideas apply to their own experience?
accounts for the person's behavior.
a mind-control model, however, the A 14-page questionnaire was
Because the authority figure usually
patient retains control and acknowl mailed to !59 retractors asking people
controls information, behavior,
edges that she or he was the author of to rate each idea (on a seven~point
thoughts and emotions, the Patient's
the story. In this model, a therapist or scale) as to the extent it was not at all
confidence is undermined. Information
well-meaning others can lead a person ( l) or completely (7) applicable to their
control is achieved by actively discour
aging contact with people who think to give credibility to his or her own experience1. 56 (35%) returned com
imagining. (See Ted Sarbin, A narra pleted questionnaires.
differently and by systematically dis
tive approach to 'repressed memories' The table below shows the number
torting any disconfirming evidence.
in the Journal of Narrative and of people who reported that an idea fit
Behavior control is achieved by telling
Personal History, 1994). their experience, as indicated by a rat
the person what to do and by requiring
Role-enactment ing of at least 5 ("captures a lot of my
that the patient get approval for person
We all enact roles such as fathers experience").
al decisions. Thought control is
or mothers, or teachers or students,
achieved by a particular use of lan Number of Persons Endorsing Each Idea
prisoners or guards, etc. Recently, our
guage. On the one hand, the language Idea I Mind-control 23
society has created a new role, that of Idea 2 Self-narrative 10
that is used overly simplifies issues and
the "survivor" of abuse. Regardless of Idea 3 Role-enactment 2
makes the person feel special and part
Idea I and idea 2
whether a person chooses that role or is
of a group that is "good." On the other ldcn I and idea 3 7
cast in it, his or her behavior fits the
hand, the authority uses language that Idea 2 and Idea 3 3
confuses the person's sense of guilt and expectancies of others. Survivors are All these Ideas 4
expected to search for traumatic mem None of the Ideas 6
responsibility. The language promotes
ories and discover horrible things that
a fear of what will happen if the patient A majority of retractors endorsed
happened. They are rewarded when
leaves the authority figure. Although a the idea of mind-control and a thera
they play the role correctly and may be
person may feel ashamed or guilty pist's "undue influence" is a factor in at
validated by others. This role, like any
because of making a false accusation, least 63% of the sample. However, it is
other role, has certain advantages and
it is important for others to realize that clear that mind-control is not the only
disadvantages. One of the advantages
in some sense she or he was not really Factor involved in these cases, and IS
is that survivors of sexual abuse are not
responsible for the accusations the cases are better explained by the ideas
4 FMS Foundation Newsletter May 1997 Vol. 6 No. 5
of self-narrative or role-enactment2. members to insist that a returner
Since no one theory can account for make an acknowledgement of error.
all FMS cases, it is important for us to They may, however, begin to suggest
realize that there are different ways alternative narratives that can explain Thi.1 is 1he 1hird in a 4-pan seriu examining 1he ques
tion ofwhelher childhood sexual abuse causes psyclri
FMS can develop, and different fac problematic behavior. Disagreements
mric disorders in adulthood. The series is not intended
tors that may be important in each can simply be acknowledged and to "forgive" or exonerate the morally repugnant plre
individual case. communication can be reestablished. nomenon of child sexual abuse in any way but simply
to examine the methodology ofs cientific studies claim
It may be easier for families to Until a person is able to create a dif
ing that child sexual abuse causes adult psychiatric dis
cope with FMS cases that involve ferent narrative to explain her prob orders. The remaining column in the series will appear
mind-control or role-enactment. lems, it will be difficult for her to i11 d1e 11ext issue of/he llf!IVsletfer.
While there is little that can be done fully relinquish the old narrative. A Don't Buy that Lawrence Welk
until circumstances lead to a cessation returner probably needs time and
Recording! The Problem of
of therapy, once the undue influence space to acknowledge the harm that
Confounding
is removed communication may has occurred. Sometimes within the
Hanison Pope, M.D.
sometimes be reestablished if the context of the false narrative, a first
family understands how the person step is for the accuser to state that she In the previous two columns, we
was trapped in an impossible situa or he has "forgiven" the supposed have shown how selection bias and
tion. perpetrator. To the falsely accused, it information bias seriously compromise
To the extent that a person's own may seem ridiculous to be "forgiven" virtually all retrospective studies. But Jet
imagination is involved in a self-nar for something that was not done. At us suppose that our intrepid investiga
rative, a family faces a difficult task the same time, we have all made tors of our previous two columns, Drs.
because the accuser is immersed in a some mistakes and we probably all Harrison and James, have now received
narrative that may function to explain need some forgiveness. The emotion an even larger research grant to do an
problematic behavior, troublesome al connection afforded by the forgive even more refined study. They obtain a
feelings, provide relief from self ness may pave the way for trust to be huge community sample, and select
blame, or provide sympathy. Whether reestablished. It can be confusing and individuals with eating disorders and
or not such a self-narrative will frightening to one's identity to recre matched control subjects with careful
change may depend a great deal on ate a self-narrative. Gentle patience, attention to minimize selection bias.
forces in the patient's situation that time, communication with other fam Then they interview subjects in both
led her to therapy in the first place. If ily members, or work with a good groups under blinded conditions to
the person is no longer immersed in a therapist may help the person to get avoid any information bias introduced
group that encourages her to be a sur on with life, explore issues of trust by the investigator. Instances of sexual
vivor, if the stresses that led the per and, ultimately, create a more authen~ abuse in both the eating disordered and
son to therapy are reduced, and if the tic self-narrative and even deeper control group are scored only if they are
person becomes more focused on cur relationships with family members. unequivocal and meet rigorous diagnos
rent functioning rather than memo References tic criteria of demonstrated reliability.
(I) The first part consisted of SI questions that asked
ries, she may be more open to alter Further, let us suppose that the investi
about the process of therapy and how false memo
native explanations. Because infor ries developed. and the third par! asked for back gators are able to obtain confirmatory
mation from their families is so sus ground information and how the false memories evidence in some manner to show that
were relinquished. (These re;ults will be presented
pect by the accusers, it will likely be the sexual abuse actually did occur in
in a separate paper.)
other persons, articles, TV shows, (2) In fact. persons who experienced straight-for the cases in which it is reported (this last
etc. that will suggest the possibility ward mind-control may find :t easier to retract once item is probably a somewhat unrealistic
circumstances have led them to separate from their
that at least some elements in the expectation, but let us grant it for the
therapists. If so. our sample is skewed and there may
self-narrative may be incorrect. be a much greater percentage ofFMS cases to whom purposes of argument). Let us suppose
the se<:ond (or third) ideas apply.
Families are important to most peo that, even with all of these rigorous
ple. To the extent there are emotional methods to control for bias, Drs.
bonds with family members it is· like Hanison and James still are able to
ly that the accuser will want to have a show a statistically significant differ
coherent narrative that she can share ·she has very self-destructive ence when they compare the prevalence
with them. symptoms.but these began only of sexual abuse in the subjects with eat
after she started therapy."
Unless deliberate deceit 1s ing disorders and the control subjects.
A Sister
involved, it seems unwise for family Can they now, at last, conclude that
FMS Foundation News/effer May 1997 VOl. 6 No. 5 5
childhood sexual abuse contributes to ers cause obesity? Clearly not. The true panic disorder or bulimia nervosa are
the etiology of eating disorders? direction of causality is that B causes more likely to have experienced fear
Unfortunately, they still cannot. A, namely that being overweight leads of going to school ("school phobia"),
We will now grant that they have individuals to use artificial sweeteners fear of being separated from their
shown as association between child~ more frequently. mothers ("separation anxiety") or bed
hood sexual abuse and eating disor~ More difficult and less trivial wetting ("primary enuresis") in child
ders. However, as we have stated earli~ examples come from clinical medi hood3. Similarly, individuals with eat
er, the fact that there is an association cine. Thirty years ago, for example, a ing disorders as adults often have his
between A and B does not necessarily study found that agricultural workers tories of depressive or anxiety disor
mean that A caused B. In fact, logical~ who were more physically active were ders long prior to the onset of the eat~
Iy, there are three alternative explana less likely to develop heart disease than ing disorder4. Therefore, it is possible
tions for the association as shown in sedentary agricultural workers!. Would that some individuals with eating dis~
the following figure: it be correct to conclude, therefore, that orders in Harrison and James' study
being sedentary contributes. to the evo may have displayed a degree of
I) A B
lution of heart disease? No. We must depression or other psychological dis
2) B • A
allow for the alternative possibility that tress, even years ago in childhood, that
3) A'c/B
workers who already had early symp rendered them more vulnerable to
toms of incipient heart disease (e.g. being preyed upon by potential
In examining this figure, let us
chest pain on exertion) would be more abusers.
assume that childhood sexual abuse is
likely to choose sedentary agricultural Admittedly, this particular direc
"A" and adult psychiatric disorder is
jobs than their counterparts who had tion of causality might account for
"B." The first possibility, as the figure
no symptoms of evolving cardiac dis only a small portion of the possible
shows, is that A causes B. In this case,
ease. In other words, B may have led to association between childhood sexual
that would be the possibility that child
A, rather than A to B. abuse and adult psychiatric disorders.
hood sexual abuse causes adult psychi
Another obvious example exists in However, we still have to rule out the
atric disorders. This of course in the
the area of sexual abuse: individuals last of the possibilities shown in the
hypothesis that we wish to test. But to
with mental retardation are more likely figure above, namely that A and B are
establish this possibility, we must first
to have experiences sexual abuse than both caused by a confounding variable,
rule out two other possibilities. First,
individuals of normal intelligence2. C. The issue of confounding is again a
we must consider the possibility that B
But clearly it would be illogical to con constant problem, both in ordinary life
causes A (i.e., that psychiatric disorder
clude that childhood sexual abuse and in clinical medicine. To begin with
somehow predisposes to sexual abuse),
causes mental retardation. Rather, a simple example, suppose that we
and second, we must allow for the pos
mentally retarded individuals are more were to study I 00 residents of a nurs
sibility that B and A do not cause one
at risk for victimization because they ing home and ask them if they had ever
another, but both are caused by a third
are less able to defend themselves purchased a Lawrence Welk recording.
factor, C (which is often called a "con
against abuse. Lawrence Welk was a famous per
founding variable").
But do these arguments extend to fanner many years ago, and his record
Let us look at these alternative
adult psychiatric disorders? Is it rea ing were very popular in the 1930's
possibilities. First, consider the possi
sonable to argue that bulimia nervosa and 40's. Therefore, we would likely
bility that B causes A. There are many
examples of this type of association in or depressive illness, or anxiety disor~ find that a high percentage of the nurs
ders, appearing in an individual at the ing home residents reported that they
ordinary life and in clinical medicine.
age of 20. could possibly have predis had bought at least one such a record
Suppose, for example, that we inter
posed him or her to have been sexual ing at some time. If we then obtained a
view I 00 overweight subjects and ask
ly abused at the age of eight? This pos comparison group from the communi
them if they have a history of having
sibility is not as far fetched as it might ty at large, we would undoubtedly find
used artificial sweeteners in their cof
seem. Specifically, studies have shown that a far smaller percentage of our
fee at some time in the last year. We
that individuals with adult psychiatric comparison subjects had made such a
then pose the same question to 100 thin
disorders have often experienced pro purchase. In fact, some of them would
subjects. We find a highly significant
dromal symptoms (in other words, probably report that they had not even
difference showing a clear association
premonitory symptoms) of their disor have heard of Lawrence Welk. Does it
between use of artificial sweeteners
ders extending far back into child follow from our findings that buying a
and being overweight. Do we con~
hood. For example, adults who display Lawrence Welk recording will cause
elude, therefore, that artificial sweeten-
6 FMS Foundation Newste"er May 1997 Vol. 6 No. 5
you to end up in a nursing home? sexual practices that predispose to HIV Iy member diagnosed with alcohol
Should we put warning stickers on all transmission (especially receptive anal dependence, a major mood disorder
Lawrence Welk recordings in record intercourse) are closely associated with (such as manic-depressive illness), or
stores, alerting potential purchasers of use of "poppers." In other words, the both. Now, there is substantial evi
the risk? Clearly not. In fact, the asso association between nitrite use and dence that alcoholism and major mood
CiatiOn between ownership of AIDS was a real one, but it was not a disorders are more prevalent in the
Lawrence Welk recordings and nursing causal association at all. Instead, the family trees of individuals with bulim
home residents is simply attributable to association was caused by the presence ia nervosa than in the population at
the confounding variable of advanced of a confounding variable, namely spe large, raising the possibility that there
age. In other words, age is the "C" in cific sexual practices. is a genetic link among these various
the figure above. Returning, then, to the new hypo disorders8. It is possible, therefore, that
Turning to medicine, the literature thetical study by Drs. Hanison and genetic factors alone might account for
is filled with the corpses of theories James, we see that an association the association of sexual abuse and
that failed to take into account the pos between childhood sexual abuse and bulimia nervosa observed in this inves
sibility of confounding variables. Even adult psychiatric disorder, however rig tigation, and that sexual abuse itself
elegant and expensive studies. involv orously proved, might not be a causal had no role in causing the adult eating
ing big teams of investigators and hun association at all. it might simply be disorder at all.
dreds of thousands of dollars in costs, due to any of a number of confounding In summary, association does not
have sometimes proved dead wrong variables. Individuals who have been prove causality. This is not a difficult
when it was later discovered that a con sexually abused in childhood are also concept. It represents one of the most
founding variable had created a mere likely to have been physically abused, basic teachings of "Psychology 10 l."
illusion of causality. Of many exam neglected, or subjected to all manner of And it is easy to illustrate, as shown by
ples that could be cited, one was the other difficulties while growing up. our examples of the association
finding of an association between the Even more importantly, there may between use of artificial sweeteners
use of inhaled nitrites (so-called "pop have been a genetic loading in their and obesity, or purchase of a Lawrence
pers") and the development of AID SS. families for disorders such as alcohol Welk recording and nursing home res
In the early 1980's before the human dependence or manic-depressive ill idence. Yet this elementary principle is
immunodeficiency virus (HIV) had ness6. Relatives with alcoholism or ignored, or only barely acknowledged,
been isolated, various epidemiologic manic episodes (the "high" periods of in many scientific studies of childhood
studies were conducted to assess what manic-depressive illness), in turn, may sexual abuse. It is even more rarely
factors might cause people to develop be more likely to abuse a child in the noted in popular reports of these stud
AIDS. It was found that homosexual family. But that abuse victim already ies in the media. The lay reader, hear
men who used "poppers" to get a canies the genetic predisposition to ing the latest media report of a new
"rush" during sexual activity were develop psychopathlogy, even if she "major study" like that of Drs.
markedly more likely to develop AIDS were not sexually abused. In other Harrison and James, must be wary. A
than homosexual men who had not words, childhood sexual abuse and history of childhood sexual abuse may
used these drugs. Some studies even psychopathology would be expected to well be associated with some adult
conducted elaborate statistical tests, "travel together" dOwn the family tree psychiatric disorders, but it is prema
called regression analysis (to be dis as a result of the confounding variable ture to jump from this finding to an
cussed in more detail next month), in of genetics alone, even if the sexual assumption of causality.
an attempt to rule out possible con abuse did not itself cause psychiatric References
I. McDonough. J.R.. Hames, C.G., Stulb, S.C .. &
founding variables. Nevertheless, disorders.
Garrison. G.E .• Coronary heart disease among
inhaled nitrites still emerged as a sta Data that support this speculation Negroes and whites in Evans County, Georgia, J.
tistically significant factor, and it was come from one recent study that Chron Dis 18:443-458, 1965.
2. Tharinger, D .. Horton, C. B .• & Millea, S. Sexual
concluded that they might cause, or at described 12 sexually abused women
abuse and e;>;ploitation of children and adul!S with
least contribute to, the development of with bulimia nervosa?. This study was mental retardation. Child Abuse Neg/ 14: 301-312.
1990. and Stromsness. M. M. Sexually abuiolld women
AIDS. one of the few in which the psychiatric
with mental retardation: Hidden victims. absent
Now, of course, we know that diagnosis of the perpetrator, as well as
resources. Women and The ropy 14: 139·152. 1993.
nitrites do not cause AIDS, and that the that of the victim, was assessed. Of the 3. Robinson, P. H. & Holden. N. L. Bulimia nervosa
in the male. Psycho/ Med. 16: 795-803, 1986. and
disease is instead caused simply by eight women in this study found to
Perugi, G., Deltito, 1., Soriani, A .• Musetti, L, et al.
infection with a specific virus, HIV. It have been abused by a biological rela Relationships between panic disorder and seplll'lltioo
turns out, in retrospect, that certain tive, six (75%) were abused by a fami- anxiety with school phobia. Compr Psychiatry 29:
98-107, 1988.
FMS Foundaflon Newsletter May 1997 Vol. 6 No. 5 7
··--------------'------
4. Hudson J. I., Pope, H. G., Jr., Yurgelun·Todd, D., L E G
Jonas, J. M., & Frankenburg, F. R. A controlled study
of lifetime prevalence of affective and otller psyclli
atric disorders in bulimh: outpatients. Am J.
Psychiatry 144: 1283·1281, 1981, and Brewerton, T.
D., Lydiard, R. B .. Herzog, D. B., Brotman, A.W.,
Illinois Appellate Court Holds that Therapist Owes a Duty to Third Party
O'Neil, P. M .. & Ballenger, J. D. Comorbidity of axis
I psychiatric disorders. J. Clin Psychiatry 56: 17-80, Doe v. McKay, Illinois Appellate Court, 2nd District,
1995. No. 2-96-0532, March 17, 19971
5. For a discussion of llow an association was erro
neously assumed to be causal in this case, see
An Appellate Court in Illinois found that a therapist's duty to the patient to
Vandenbroucke.J. P., Pardoel, VPAM: An autopsy of
epidemiologic metllods: the case of "poppers" in the use reasonable care in the treatment process is extended to the parent. The case
early epidemic of tbe acquired immunodeficiency involved allegedly repressed memories of sexual abuse where the parent was
syndrome. Am J. Epidemiol 129: 455451, 1989.
brought into the treatment process by the defendant psychologist.
6. Cadorel, R. J. Genetics of alcoholism. In: Alcohol
ant/tire Family: R..sear'('h and Clinicnl Pt'rsp..ctives_ From 1990 through October 1995, Jane Doe, the plaintiff's daughter, under·
Edited by R. L. Collios, K. E. Leooard & 1. S. went psychological treatment under the care of the defendants. During the course
Searles. New York, Guildford Press, {1990); Tsuaog,
of that treatment, she says she discovered repressed memories of alleged sexual
M. T. & Faraone, 5. V. The Ge11etics of Mood
Di.lorders. Johns Hopkins University Press: abuse by plaintiff. Plaintiff denied that he ever abused his daughter. During three
Baltimore, (1990). joint sessions that included the plaintiff, Jane Doe, at the direction of McKay,
7. Bulik. C. M .. Sullivan, P. F. & Rorty. M. Childhood
sexual abuse in women wilh bulimia. J. C/in accused her father of sexual abuse. McKay allegedly repeatedly suggested that
Psychiarry 50: 460-464, 1989. plaintiff might further harm the daughter. McKay also advised plaintiff that he
8. Hudson, J.l. & Pope. H. G., Jr. Affective spectrum
had repressed memories of his abusive conduct and that he should begin psy
disorder: Does antidepressant response identify a
family of disorders with a common pa!hopllysiology? chological treatment. Plaintiff paid defendants over $3,000 for services rendered
Am}. Psychiatry 147: 552-564, 1990. to his daughter during 1992.
This column appears as a chapter in the book, In .J. 994, the father sued McKay and her professional association. The first
Psychology Astray: Fallacief jn Studies of amended complaint lists 17 counts, but only causes of action concerning two
"Repressed Memory" qnd Childhood Traumq,
by Harrison G. Pope, Jr. M.D., Social Issues issues were considered on appeal: the negligent treatment of Jane Doe which
deprived plaintiff of the loss of his daughter's society and companionship, and
Resources Series, /996. Copies of this book
are now available and may be obtained by writ· intentional interference with the parent-child relationship. The trial court had dis
illt:"' Socioll.f.flles ReJ·m1rces Series at 1100 missed these claims, holding that they were not recognized by l\1\nois \aw.lhe
Holland Drive, Boca Ratan, Florida, 33427, or
other claims remain pending at the trial court.
by calling 1-800-232-7477.
The appeals court noted that a third party generally cannot maintain a mal
practice action in the absence of a direct physician-patient relationship between
In the 12 months ending 10$1-June (1996),
the doctor and the patient. The court reversed dismissal of the claims, holding
182 adults, nearly all of them women,
called or visited Nebraska sexual assault that a special relationship existed between the patient and the third party under
canters about childhood sexual abuse.
the doctrine of transferred negligence.
That's more than the number of children
The appeals court cited Renslow v. Mennonite Hospital, 67 Ill.2d 348
treated for sexual assault at the some can
ters and nearly as many as those seeking (1977), in support of its decision. In Renslow. the Illinois Supreme Court held
help after being assaulted as adults.
that logic and sound policy required the creation of a legal duty on the part of a
Omaha Wortd-Hera/d,
March 2,1997 ·Repressed Memories hospital to a child born of a mother treated in the hospital. That court noted that
Illustrate Horror of Sex Abuse· derivative actions, such as those of a husband or parent for the loss of the wife's
or child's society, demonstrate that the law has long recognized that a wrong
The first annual meeting of the done to one person may invade the protected rights of one who is intimately
Rational Feminist Alliance of CSICOP
(Committee for the Scientific related to the first and therefore recognizes a "limited area of transferred negli-
lnve5tigotlon of Claims of the gence."
Paranormal) will be held on June 6 Th
and In Boulder, eo. One focus of the e appeals court said that transferred negligence was applicable to the
7
conference Is the Impact of gender "unique circumstances" in this case. "In determining whether a duty exists, the
politics and feminist rhetoric on the court must weight the foreseeability of the injury, the likelihood of the injury, the
field of psychology. Speakers Include
Elizabeth Loftus and Debro Nothon. magnitude of the burden of guarding against it, and the consequences of placing
The keynote address by Carol Tavris Is that burden on the defendant," citing Gou&e v. Central Illinois Public Service
entitled ·sock to Rotlonollty." Co., 144 Ill.2d 535, 542 (1991).
For Information contact:
canter for Inquiry. Rockies "Key to this finding are the special relationship plaintiff shares with his
P.O. Box 2019 daughter and the therapist's action to bring plaintiff into the treatment process,"
~:;~~~80306 the court said. "Once plaintiff was immersed in his daughter's treatment process,
~=c~fi~,o~c~k~le~s@~o§ol~.c~o~m~""':""':""':""':""':""':~=a~s-:-a~q~u~a~s-i-~p~a~ti~en~t-h-imself, it was not only reasonably foreseeable, but a virtual
8 FMS Foundation Newsletter May 1997 Vol. 6 No. 5
certainty, that McKay's conduct would harm plaintiff's rela~ Strom actually sexually abused his nephews. The issue is
tionship with his daughter." Therefore, the court said, the whether the nephews or the therapists had a sufficient basis
defendants' duty to use reasonable care in the treatment of for believing that his own statements regarding Strom's con
their patient extended to the father, referring to Tuman v. duct were true. The court wrote it could not conclude the
Genesis Associates, 894 F.Supp. 183, 187 (E.D. Pa. 1995). nephews did not have a valid reason for believing they were
The court said that "[t]he risk and magnitude of harm to speaking the truth because some of the memories allegedly
our society, namely, tearing a family apart without regard to developed prior to therapy. The court also concluded that
the manner in which false accusations of sexual abuse are the therapists had reasonable and probable cause for the
made, is so significant that it requires the protection of our statements they made. On the other hand, the court recog
law. A therapist's allegedly erroneous conclusion that a nized that one nephew's memories "may not provide an
patient has been sexually abused by a parent endangers the accurate source of infonnation as to Strom's past conduct"
parent~child relationship, and that where the therapist draws and he would "not be allowed to testify as to memories that
the accused parent into the patient-child's treatment, accu~ came about as the result of therapeutic hypnotic recall,
sations of sexual abuse are undeniably devastating and may robust memory recall, or recalled memory from traumatic
not be made with impunity and disregard of the therapist's amnesia."
obligation of reasonable care." (2) The coun cited Bowman and Mertz (!996), "A dangerous direction: Legal
The court continued, "The therapist is in the best posi~ intervention in sexual abuse survivor therapy, 109 Harv !. Rey. 549, 586-90.
0
tion to avoid such harm and is solely responsible for han~
Question of Duty to Third Party by Therapist May Be
dling the treatment procedure. Defendants could have
Considered by Federal Appeals Court
warned plaintiff and his daughter of the controversial nature
of repressed memory therapy in separate sessions. We there~ On March 22, a U .S. District Court certified an inter
fore hold that in a case such as this involving repressed locutory appeal in a third~party suit, Ljndgren v. Moore,
memories of sexual abuse, where the parent is brought into 1996 U.S. Dist. LEXIS 3450. The order refers to an earlier
the treatment process by the therapist, the therapist's duty to Memorandum Opinion, Lindgren v. Moore, 907 F.Supp.
the patient to use reasonable care in the treatment process is 1183 (U.S. Dist., Sept. 29, 1995) which had let stand two
extended to the parent." counts against a therapist and her supervisor for liED and
Attorney for plaintiff John Doe is Zachary M. Bravos of loss of society. Defendants wish to appeal the denial of their
Wheaton, I11inois. motion to dismiss those claims with a decision on whether
(I) SeeFMSFBriefBank#46. lllinois law recognizes a third party cause of action and
0
whether defendant therapists owed a duty to any plaintiff
Minnesota Court of Appeals in Unpublished Opinion which was breached here. In certifying the appeal to a
Declines to Recognize Duty to Third Party Federal Appeals Court, it was noted that because any later
Strom v. C.C., 1997 Minn. App. LEXIS 327 trial decision could require reversal if decided incorrectly, it
March 18, 1997 is prudent to decide the question of duty now.
0
In March 1997, a Minnesota Court of Appeals declined
Jury Finds for Doctor in Repressed Memory 1iial
to extend the law to recognize a duty to third~party non~
Sulljyan v. Cheshier, U.S. District Court, verdict
patients when there is no contractual relationship, duty to
April 2, 1997
warn, or duty to control, citing McElwain v. Van Beek, 447
N.W.2d 442, 445~46 (Minn. App. 1989), review denied On April 2, 1997, a U.S. District Court jury found in
(Minn. Dec. 20, 1989). It affirmed summary judgment dis~ favor of unlicensed clinical counselor Dr. William Cheshier.
missing defamation claims against two nephews who had The suit against Dr. Cheshier had been filed early in 1993 by
alleged that Everald Strom had sexually abused them as the parents of one of his patients. The parents alleged that
children. It also affirmed dismissal of defamation and negli the doctor, using hypnosis, had implanted false memories of
gence claims against the nephews' therapists. sexual molestation in their daughter.
In its unpublished opinion, the court stated that not rec~ In 1994, U.S. District Judge James B. ZageP had
ognizing a duty to third~party non~patients is consistent with allowed the parents to proceed to trial on three counts: mal~
established public policy because imposing a duty on thera~ practice, loss of companionship and society, and public nui~
pists to protect the interests of falsely accused individuals sance (persons injured by one who practices clinical psy~
would adversely affect the interests of sexual abuse sur~ chology without a license have a right of action under the
vivors in effective and uninterrupted therapy.2 Illinois Clinical Psychologist Licensing Act). However, on
The court noted that with a charge of negligence, the the day of trial, U.S. District Judge Elaine E. Bucklo limit~
inquiry is not whether there is probable cause to believe that ed jury consideration to only one count: loss of society and
FMS Foundation Newsleffer May 1997 Vol. 6 No. 5 9
companionship. ln addition, Judge Bucklo ruled that the to infonn her that the techniques used are known to produce
plaintiffs must prove the injury to their family relationship vivid, convincing, but false "memories." As a result of
was inflicted by defendant's reckless or intentional acts Fredrickson's "treatment," Doe became suicidally depressed
which were directed toward them. for the first time in her life and made false accusations to her
At trial, the plaintiffs' daughter, Kathleen, age 30, immediate and extended family. Her family relationships
admitted that she had not thought about being the victim of were shattered by these accusations.
childhood abuse until she was treated by Cheshier and that Doe's husband attended some of his wife's therapy ses
after only a few sessions, Cheshier suggested to her that sions and under the "advice" ofFredrickson came to believe
hypnosis might offer some insight into her troubles. She his wife's emerging "memories" were true. He witnessed
agreed to undergo hypnosis and after several sessions she his wife's deterioration while under Fredrickson's "treat
claimed she gradually realized she had been physically tor ment" and was told that such deterioration, including suici
mented and molested by an older brother. Kathleen denied, dal depression, was a sign that the "repressed memories"
however, that her therapist's actions injured her family rela were surfacing and thal lhe "cults" had "programmed his
tions. wife to kill herself if she ever remembered or told others
In reviewing this verdict, it may be useful to recall the about the cult."
summary of issues as given by Judge Zagel in March 1994, Jane Doe and her husband have also filed complaints to
"Dr. Cheshire told {the Sullivans] he had hypnotized the Minnesota Board of Psychology seeking the revocation
Kathleen Sullivan and while under hypnosis she stated that of Fredrickson 's license to practice psychotherapy.
she was abused by an older sibling ... The Sullivans conduct Jane Doe is represented by Wil1iam Mavity of
ed an investigation of the truth of the statements and found Minneapolis and R. Christopher Barden of Plymouth, Minn.
no evidence to corroborate the statements and have a wit {4) Sec, FMSF Brief Bank #138.
ness who denies the truth of the statements. Prior to Dr. {S) Fredrickson, R. (1992), Repressed Memories: A Journey to Recovery from
Se.xual Abuse, New York: Si mo n and Schuster.
Cheshier's hypnosis, Kathleen Sullivan never made similar
statements. Finally, there is the statement by Kathleen
Sullivan while being treated by Dr. Cheshier, arguably Editor's note: In March 1997, U.S. District Coun Judge John R. Padova revisit·
admissible under F.R.E. 803(2) or 803(3), that she would ed two of the many lawsuits which involve a Philadelphia mental health clinic
called Genesis Associates, psychologist Patricia Mansmann and social worker
decline all family contacts unless family members admitted
Patricia Ne11hausel.6 A< described below, hoth of these Sllil.< are spin·ofJ.< fmrn "
the statements were true ... There is no question that after the third party suit filed in 1994 agaiTISI MlliiSmann, Neuheusel and <knesi.r
statements were made by Kathleen Sullivan her relations Associates by the parents ofa former patienr.l
with her parents and siblings changed for the worse. It
Pennsylvania Court Considers Whether Patient Could
would be hard to doubt that the family relationship would be
Have Understood That Therapy Caused Injury While
seriously and negatively affected in this situation. A trier of
She Was In Therapy
fact could reasonably lay it at Dr. Cheshier's door."
Lujan v. Mansmann, Neuheusel, Genesis Associates, 1997
Thomas P. Ward, attorney for the Sullivans, said that a
U.S. Dist. LEXIS 2960 March 14, 1997
motion for new trial has been filed in District Court.
(3) Sumyan y, Cheshjcr, 846 F.Supp. 654 {N.D. Ill., Mar. 2, 1994). In this case, brought by fanner patient, Brooke Lujan
against Genesis Associates, U.S. District Court Judge John
R. Padova rejected defendants' motions to dismiss all but
Minnesota Psychologist Accused of Planting False
one of the charges against them. Defendants had argued that
Memories in Patient
Lujan's claims were barred by the statute of limitations.
Doe v. Fredrickson, Disttict Ct., Second Judicial Dist.,
Lujan had entered treatment with them in 1990 but did not
Ramsey Co., Minnesota, Case No. C6-97-354Q4
file her initial complaint until July of 1996.
In a Complaint filed April 4, 1997, Dr. Renee Judge Padova left standing claims of negligence, breach
Fredrickson, a St. Paul psychologist and author of a book on of contract, willful, reckless and wanton misconduct, inten
repressed memory therapy was accused by a former client tional (liED) and negligent infliction of emotional distress,
of implanting horrifying false memories. The woman, iden and breach of confidentiality. In doing so, the court applied
tified as lane Doe in the lawsuit, alleges that Fredrickson the objective standard used in Pennsylvania to detennine
negligently used hypnosis, guided imagery, dream interpre whether a reasonable person in plaintiff's position would
tation, automatic writing, "body memories" and other have been unaware of the salient facts. The court quoted
"memory recovery" methods to implant terrifying false extensively from Plaintiff's Amended Complaint and decid
memories of "ritual cult abuse," torture, and murder. Doe ed that it could not, at this stage of the proceedings, con
alleges that Fredrickson failed to obtain infonned consent or clude that the time it took Lujan to discover any injury, or
10 FMS Foundaffon Newsletter Moy 1997 Vol. 6 No. 5