Stephen wrote:
>Allen Esterson asked:
>>Is this a first? I can't recall any previous such case where the
>>patient has not repudiated the supposed "memories"

>No, my understanding is that some repudiate, some do not.
>The False Memory Foundation calls those who repudiate
>"retractors". A recent book by a retractor, "My Lie: A True
>Story of False Memory" has been receiving attention lately
>(see http://tinyurl.com/4ncvymj ).

By "any previous such case" I meant one in which damages were awarded 
to the accused, although the accuser did not withdraw her allegations.

Allen Esterson
Former lecturer, Science Department
Southwark College, London
[email protected]
http://www.esterson.org

-----------------------------------------------------------
Re: [tips] Recovered memory therapy in court
sblack
Sat, 29 Jan 2011 07:53:16 -0800
On 29 Jan 2011 at 8:50, William Scott wrote:

> This is a local case where I live here in Wisconsin. Of particular
> interest is the fact that the patient and therapists claim that the
> patient arrived in therapy with the memory of abuse and that the
> therapists claimed that they "challenged" the memory (although clearly
> ineffectively). No "recovered memory" techniques were used. The
> therapists did, of course, facilitate the accusations and family
> destruction that insued and were found liable by the jury.

>From what I've seen by browsing, including in records of previous
court decisions in this case available on the web, a significant
factor was that the patient admittted (to a friend) that she had
received hypnosis during therapy, a discredited technique which is
part of recovered memory therapy. In addition, the therapists were
found not to have provided an adequate "standard of care" which would
have included a duty to inform their patient that the memories might
be false. The patient also admitted to owning a copy of the
mendacious "Courage to Heal" although she claimed not to have read
it!

A relevant section from an earlier court judgement is this one. I
believe "waiver" refers to the issue of waiving therapist-patient
confidentiality of records. Opening these records proved crucial in
the case.

"143 Given all this information, the grounds for waiver may
be summarized as follows: (1) Charlotte disclosed that she
entered therapy due to an eating disorder and alcohol abuse
before ever having a flashback; (2) she underwent psychotherapy;
(3) she was the subject of hypnosis as part of her therapy; (4)
she experienced flashbacks and body memories of childhood abuse;
(5) she purchased The Courage to Heal, the "Bible" of repressed
memory therapy; (6) she "confronted" her parents during therapy
sessions; (7) she kept a journal and did artwork detailing her
experiences; (8) she filed a restraining order against her
parents and cut off all contact with them; (9) she changed her
name; and (10) she threatened to file a civil lawsuit against
her parents, and as part of that threat, her attorney referenced
repressed memories. Reference to the literature discussed above
reveals that all these events are hallmarks of recovered memory
therapy."

In my previous post I had noted:

>The daughter apparently still has these  beliefs [memories of
> abuse, including rape by her father at age 3], has
>had no contact with her parents for the past 18 years,
>and opposed the lawsuit.

Allen Esterson asked:

> Is this a first? I can't recall any previous such case where the
> patient has not repudiated the supposed "memories"

No, my understanding is that some repudiate, some do not. The False
Memory Foundation calls those who repudiate "retractors". A recent
book by a retractor, "My Lie: A True Story of False Memory" has been
receiving attention lately (see http://tinyurl.com/4ncvymj ).

One case I know of of an individual who has not retracted is
ironically, that of the daughter of the founders of the False Memory
Foundation, Peter and Pamela Freyd. They started this organization in
response to the accusations of childhood sexual abuse by their
daughter, and the organization has been highly influential in
combatting the spread of recovered memory therapy. Yet their daughter
Jennifer never retracted, and has instead founded an academic career
based on her beliefs.  You could look her up in Wiki.

Stephen

--------------------------------------------
Stephen L. Black, Ph.D.
Professor of Psychology, Emeritus
Bishop's University
Sherbrooke, Quebec, Canada
e-mail:  sblack at
ubishops.ca


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