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Mike Kliman is a
Richmond educator who has endured three trials, the loss of a career and
financial ruin because of the Crown’s attempts to convict him of sexual
assault based on memories recovered in therapy. Mr. Kliman's five-year ordeal,
which ended in January 1998, prompted British Columbia's attorney general to
conduct a review of the case. The recommendations, however, are hardly earth
moving. The ministry should have barred evidence based on recovered
memories from the courtroom. It didn't. Instead BC prosecutors have been told to
proceed with caution in prosecutions involving recovered memory, to seek
corroboration of the memories where possible, and to consult experts on the
recovery process. These timid steps are not enough to defang a therapeutic
confidence trick that has wrought havoc in thousands of lives. Neither do these
measures in any way approach those instituted in Britain and the US. But mostly,
the recommendations fail to militate against a problem that plagues the mental
health profession as a whole, experts and non-experts alike.
After an extensive
investigation, the British Royal College of Psychiatrists issued a ban
prohibiting its members from using any method to recover memories of child
abuse. Memory retrieval techniques, say the British guidelines, are dangerous
methods of persuasion. The courts in the U.S. have responded as well by ruling
to suppress the admission of all evidence remembered under therapy.
"Recovered memories", said Alan Gold, president of the Canadian
Criminal Lawyers Association, "are joining electroshock, lobotomies and
other psychiatric malpractice in the historical dustbin." Altogether it
seems clear, except to BC's Ministry of Justice, that memories recovered under
therapy have no place in a court of law.
Elizabeth Loftus is a
leading world authority on memory who testified at Mike Kliman's last trial. In
the course of her 20 years of research, Loftus has planted many a false memory
in the minds of her research subjects, sometimes with the aid of nothing more
than a conversation peppered with some suggestions. "A tone of voice, a
phrasing of a question, subtle non-verbal signals, and expressions of boredom,
impatience or fascination" ---these are often all it takes to plant
suggestions in the malleable human mind. Loftus does not question the prevalence
of the sexual abuse of children or the existence of traumatic memories. What she
questions are memories commonly referred to as repressed: "Memories that
did not exist until someone went looking for them". However, repression,
the sagging concept that props up the recovered memory theory is without any
cogent scientific support. The 30 odd studies the Recovery movement uses as
proof for repression do not make the grade, says Loftus. These studies are
retrospective memory studies and rely on self-reports with no independent
corroboration of information.
Still, the concept of
repression remains seductive. We want to believe that our minds record the
events of our lives meticulously, and that buried in the permafrost of our
brain, perfectly preserved, is the key to our woes. Unfortunately, scientific
research negates the notion that forgotten memories exist somewhere in the brain
and can be accessed in pristine form. Even in the absence of outside influence,
memory deteriorates rapidly. "As time goes by", writes Loftus in her
book The Myth of Repressed Memories, "the weakened memories are
increasingly vulnerable to post-event information". What we see on TV, read
and hear about events is incorporated into memory to create an unreliable
amalgam of fact and fiction.
How prevalent is this
excavation business? Although the media have continued to imply that only a few
bad apples--a small number of unqualified and ill educated sorts--perpetrate
this therapy, this is not so. Researchers into this debacle, such as Berkeley
professor Richard
Ofshe, have long warned that on the recovered memory front
there is no difference between academic and non-academic therapist, accredited
and non-accredited therapist; not in the nature of the ideas nor in their
prevalence.
The expert for the
Crown in the Kliman case had "helped" one of the complainants in the case
recover the kind of memories that would have made the Marquis de Sade blush.
Harvard affiliated psychiatrist Judith Herman is another respected academic who
has thrown her weight behind the movement. And clinical psychologist Renee
Fredrickson not only promotes the trend in her book A Journey to Recovery,
but also offers psychotherapists a grab bag of tricks with which to extract
memories. Lenore Terr is an acclaimed psychiatrist who purports to prove the
existence of repressed memories. Instead, what she offers up in her tome is a
medley of anecdotal cases together with research on fruit flies! Some of these
individuals are popular authors, others serious academics. All are widely
respected clinicians. And all practice recovered memory therapy.
Equally recriminating
are the survey data. Psychologist Michael Yapko surveyed 860 psychotherapists
attending conventions in 1992. The fact that all these professionals had an
education beyond a master’s degree didn't lessen their propensity for wrong
headed mythical thinking. Fully 84 percent of respondents thought hypnotic age
regression a useful technique, three quarters believed that hypnosis enabled
people to accurately remember forgotten events (the opposite is true), and 28
percent believed hypnosis could be used to recover accurate memories of past
lives!
In another national
random survey of Ph.D.-level American psychologists, Poole and Lindsay found
that 85 percent said that at least some clients, who initially denied any memory
of sexual abuse, subsequently recalled it during therapy. This information,
concluded the authors, indicates that "the majority of American therapists
sometimes hunt for repressed memories of sexual abuse". Clearly, errors
made by recovered memory therapists are just a symptom of a larger problem in
the profession.
©1999 Ilana Mercer
The North Shore News
March 26
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