(The topic of Memory is prescient because of Dr. Christine Blasey Ford who is accusing Brett Kavanaugh of sexual abuse 36 years ago. This article was originally written in 2000 and presented since at various hypnosis conferences including the National Guild of Hypnotists. I refer to a wave of lawsuits against therapists implanting false memories especially having to do with sexual abuse back in 1990’s and since. I do not cite later lawsuits beyond the date of publication. )
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What is A False Memory and False Memory Syndrome?
What is generally called the False Memory Syndrome generally refers to individuals believing with great fervency that they were sexually abused, satanically ritually abused, or abducted by aliens, without any factual evidence that it occurred, and in the face of contrary evidence that it did not occur. Like members of a cult, the mistaken beliefs of a person suffering from False Memory Syndrome are difficult to dissuade. Believers tend to seek out those who confirm their beliefs, and to cut off contact with those who disagree.
During the 1980’s-1990’s, recovered memory therapists urged their clients to sue their parents and others of sexual abuse. However, by the late 1990’s, those accused and the therapists of the accusers were being brought into court. One organization, the False Memory Foundation, is now arguing in Amicus Briefs that the severe injury to patients from scientifically unproven methods, i.e., of memory retrieval, merit malpractice suits. They also argue that therapists employing methods of recovered memory which lead to criminal allegations have a duty to the accused individual. The methods they dispute in memory retrieval are hypnosis, guided imagery, journaling, dream work, body work, & drugs such as sodium Pentathal.
Former patient Amy Paynter alleged against her therapist, unlicensed social worker Jennifer Septer, ‘failure to recognize and control transference and counter-transference, failure to conduct a reasonable investigation of the facts, and failure to obtain informed consent to use various suggestive techniques, including journaling, dream work, inner child work, verbal suggestion and group therapy…negligently and falsely diagnosed that she had repressed memories of childhood sexual abuse by family members… despite… that she had no memory of such abuse before seeking treatment. Paynter was also falsely diagnosed as having sexually abused her own infant son and other children and was told to report this supposed abuse to her employer, which resulted in an immediate layoff from her job. (“Legal Corner”. page 9. FMS Foundation Newsletter, April 1997)
The court now contends that the “Internal Corroboration” claimed by Charles Whitfield, M.D. to be “evidence of veracity” are not. In other words, the following DO NOT PROVE ACCURACY OF MEMORY :
- plaintiffs credibility
- abreaction or strong emotional reaction to the memory
- the consistency of the story
- the durability of the memory
The court further ruled that self-reports alone are insufficient to prove the validity of the phenomenon of repression. Also that just because a diagnosis exists in the DSM-IV (the Diagnostic and Statistical Manual used for classifying diagnosis) may indicate some degree of acceptance but not necessarily general acceptance in the relevant scientific community. The manual cannot be considered a scientific manual, either fully complete, or completely valid.
Helmut Relinger (“Fabrication in Hypnosis”. Refer to for scientific studies quoted) believes that hypnosis is most effective in situations were
- person was traumatized and later amnesic;
- person tried to learn material in a highly stressful situation and was later unable to recall that information
Memory may change as a result of psychodynamic defense mechanisms within the personality, faulty reconstruction, interference, misassociations, imagination and suggestion.
Is the client less happy, less effective, less successful in his everyday life because of the therapy he engaged in? If so, then the therapist responsible may have to legally answer for such results.
Bibliography & Resources:
False Memory Syndrome Foundation, 3401 Market Street, Suite 130, Philadelphia, PA 19104-3315 (215)387-1865 or (800)568-8882/ FAX (215) 387-1917. Pamela Freyd, Ph.D., Executive Director. This organization publishes a newsletter listing recent court cases involving false memory. It can provide a recommended reading list. It has videos of prior conferences. It works towards education and changes in the laws to prevent recovered memory testimony. Especially recommended in the 1997 2-day conference videos include Elizabeth Loftus, Ph.D., describing how to install false memories, and Paul McHugh, M.D., John Hopkins.
Victims of Memory. Incest Accusations and Shattered Lives by Mark Pendergrast. 1995. 549 pages. $24.95. Available for a discounted price of $20 through Unlimited Potential.
Hypnosis and False Memories. How False Memories are Created! by Ronald L. Stephens, Msc.D., C.Ht. Published by Ziotech International, 617 High Street, Freeport, PA. 1996.
Making Monsters. False Memories, Psychotherapy and Sexual Hysteria by Richard Ofshe and Ethan Watters. 1994.
Hypnosis. Questions and Answers by Bernie Zilbergeld, Ph.D., M. Gerald Edelstien, M.D., Daniel L. Araoz, Ed.D., editors. Published by W.W. Norton & Co., NY. 1986. See “Fabrication in Hypnosis” by Helmut Relinger, Ph.D.; “The Validity of Memories Retrieved in Hypnosis” by Martin T. Orne, M.D., Ph.D., “Past Lives Regression” by Campbell Ferry, Ph.D., Jean-Roch Laurence, Ph.D., Robert Nadon, M.A., and Louise Labelle, B.A., “Age Regression” by M. Gerald Edelstien, M.D.
Forensic Hypnosis. The Practical Application of Hypnosis in Criminal Investigations by Whitney S. Hibbard, M.A., and Raymond W. Worring, M.A., Published by Charles C. Thomas, 1981.
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