Teacher Accused - Masterton

Stuff
May 17 2007

Masterton teacher denies charge of kissing pupil
NZPA

Masterton deputy principal "strenuously denies" kissing a 12-year-old female pupil at the centre of two indecency charges he faced in Masterton District Court yesterday.

Russell Brian Thompson, 46, Masterton Intermediate School deputy principal and teacher, did not enter pleas to a charge that on May 4 he committed an indecent act on a girl aged 12 and a further charge that he committed an indecent act on the same girl on diverse dates between April 1 and May 4.

Paul Paino, representing Thompson, did not seek name suppression and said his client "emphatically denies" the charges.

"The charges are that he kissed a pupil, which he strenuously denies," Mr Paino told the court.

Thompson, who was accompanied to the court by a group of about 10 family and supporters, was remanded on bail until June 13 and appeared nervous but defiant in the dock as his bail conditions were set.




Newstalk ZB
May 17 2007; 10:16

Teacher charged with indecency on 12yo girl

Police have charged a Masterton Intermediate School teacher, following allegations of a sexual assault on a young girl.

Russell Brian Thompson appeared in the Masterton District Court yesterday, charged with two counts of performing an indecent act on a 12-year-old girl. The 47-year-old did not seek name suppression and was granted bail to reappear on June 14.

Principal Fraser Mailman wrote to parents on Monday, saying the allegations have shocked and saddened his staff. Mr Mailman says the school is handling the situation as best it can.




Newstalk ZB
May 14 2007; 14:56

Police investigate allegation against teacher

Police are investigating allegations made against a Masterton Intermediate staff member.

School principal Fraser Mailman has outlined the investigation in a newsletter to parents and students. He says his staff are shocked and saddened by the allegation which was reported to police last week.

Mr Mailman says it is a sad time for all, but the school is trying to deal with it in the best way it can and he appreciates the support a number of parents have expressed.

He says he cannot comment on the nature of the allegation, until police inquiry is complete.

Teacher Accused - Dargaville

Newstalk ZB
May 17 2007; 12:48

Teacher faces trial on sexual violation charges

A former Dargaville teacher is to stand trial on charges of sexually violating a young person.

It follows a depositions hearing today in the Dargaville District Court.

Richard Calder faces four charges of sexual violation, two of supplying liquor to a minor and one of indecent assault on a child under 16.

The charges all relate to incidents on January 24 this year.

The 35-year-old was remanded on bail and will reappear in the High Court in Whangarei in July.

Anne Hunt - Book Dispute

The Dominion Post
May 16 2007

Solicitor-general in book dispute

Solicitor-General David Collins, QC, has been pitched back into a court case over a controversial book detailing a woman's battles with a senior health professional she accused of sex abuse.

It was revealed in the Court of Appeal yesterday that court president William Young had directed Dr Collins -- who now heads the Crown Law Office -- to file an affidavit in response to author Anne Hunt's latest affidavit on the case.

In the event, Justice Susan Glazebrook, heading the three-member court -- that does not include Justice Young -- said it would consider only small parts of the affidavits. Justice Glazebrook said in many respects Dr Collins and Mrs Hunt agreed about what happened, but disagreed on what basis he was involved, and what she understood from what took place.

Dr Collins, who at the time represented the woman making the sex abuse allegations, was not present or represented at yesterday's hearing.

Mrs Hunt, a Foxton Beach author, is appealing against a High Court judge's decision that she breached the confidential settlement of a civil case against the health professional, and ordered that she pay $15,000.

She was fined $1000 for contempt of court in having published the contents of court documents not obtained under rules covering a search of court records. About 650 unsold copies of her book were ordered to be destroyed. More than 300 copies were sold after it was published in 2003.

The health professional's name is suppressed, as is the name of the book. Mrs Hunt's lawyer, Steven Price, had wanted the book named. He said too much in the case had been suppressed already, including the mere existence of the proceedings for many months.

The health professional's lawyer, Hugh Rennie, QC, said the man had never been found to have done anything wrong. He was now aged in his 70s, and wanted peace in his retirement.

The evidence was that Dr Collins put Mrs Hunt in contact with the woman who made the complaints. In August 2001 the woman gave Mrs Hunt authority to publish anything Dr Collins deemed appropriate, but Dr Collins never did deem it appropriate, and the woman asked Mrs Hunt not to publish, Mr Rennie said.

Mr Price said the High Court judge had wrongly excluded evidence about Dr Collins' involvement, on which she based her belief that the manuscript was safe to publish.

He said the court could not control access to court-sourced documents in the control of a third party.

NZ Miscarriages of Justice

NZ Parliament
May 15 2007

Questions and Answers
Press Release Office of the Clerk

Questions to Ministers

4. NANDOR TANCZOS (Green) to the Minister of Justice: Does he agree with Sir Thomas Thorp, who warns in his report into miscarriages of justice that up to 20 people could be wrongfully incarcerated in New Zealand's jails; if not, why not?

Hon MARK BURTON (Minister of Justice): Sir Thomas Thorp's report is a valuable study of the United Kingdom's experience of miscarriages of justice, but, as Sir Thomas himself acknowledges, there is no definitive New Zealand data on the potential number of miscarriages of justice.

Nandor Tanczos: Does the Minister agree that following the Privy Council decision in the Bain case there are a number of other cases, such as that of Scott Watson, Peter Ellis, John Barlow, and others, that cause considerable disquiet in the public's mind and among legal professionals, and that until this country has a process such as that outlined by Justice Thorp—that is, a criminal appeals review office of some kind—that disquiet will not be laid to rest?

Hon MARK BURTON: The option proposed by Justice Thorp is clearly a credible one for some jurisdictions, and the work we are doing right now is really examining that, alongside other options. But, without commenting on specific cases, I would point out that a number of the cases the member cited have resulted in referral back to the court by way of the current royal prerogative system. So clearly it is not the case that the process has failed many of those who have made use of it in New Zealand.

Lynne Pillay: What has the Government done in relation to the issues raised by the Thorp report?

Hon MARK BURTON: We have moved to adopt a simple three-stage case-management system for considering applications, to ensure there is a straightforward process, and have expanded the pool of legal advisers, and added additional support from external lawyers. Also, it is fair to say that at the front end the Evidence Act 2002 will have a significant and positive impact on how the courts operate, as it brings greater clarity to the way in which information is offered to courts as evidence.

Dr Pita Sharples: What explanation does he have for the finding, in the 2006 report of Sir Thomas Thorp, that Māori and Pasifika peoples use the existing processes for reporting miscarriages of justice much less than Pākehā?

Hon MARK BURTON: I cannot offer the member an off-the-cuff explanation, but certainly it sits inside the work being done now in terms of the overrepresentation of Māori in the criminal justice system. I think that question, and many others, must be addressed in terms of—

Gerry Brownlee: That's what you were saying 9 years ago. What have you been doing?

Hon MARK BURTON: With respect, the member's party was in Government 9 years ago. He really should focus on the facts.

Hon Peter Dunne: Does the Minister acknowledge that public concern about the way in which evidence was gathered and presented to the court in cases like the Bain case and the Watson case, raises strong doubts that the amendments to the Evidence Act, which he referred to, will overcome the suspicion that in such controversial cases the determination of the police to "get their man" often gets in the way of ensuring that all the relevant facts, regardless of their impact on the Crown case, are presented to the court, so that juries can reach a fair and balanced verdict; if so, what is he going to do about it?

Hon MARK BURTON: I think the member understands that it is absolutely improper for me to comment, at this time, on the case that is currently before the court.

Hon Peter Dunne: I raise a point of order, Madam Speaker. I do not normally raise points of order about Minister's answers, but my question was a general one using two specific examples. I think the Minister can be invited to comment on the general proposition I raised, if not referring to the specific cases.

Hon MARK BURTON: I am happy to expand. Frankly, it is too soon to reach the sort of conclusion that the member's question implies in relation to the changes to the Evidence Act. It was enacted in November last year, and I think it is simply too soon to reach that sort of conclusion.

Dr Pita Sharples: Does the Minister agree with the explanations of Sir Thomas Thorp that the reason Māori and Pasifika peoples do not report miscarriages of justice is that they feel they are not understood by the justice system; if so, what is he doing to particularly improve Māori and Pasifika confidence in the integrity of the justice system?

Hon MARK BURTON: I think Justice Thorp's comments have some merit. The work that is in progress now is specifically addressing that issue both through ongoing policy and specific programmes that are already working. In particular, the work is looking at proven programmes and how they can be better resourced, particularly programmes working with Māori and Pacific communities that have a proven track record. We are looking right now at how the better resourcing of those programmes might expand the effectiveness of their work.

Nandor Tanczos: In light of the Minister's previous answer, when he talked about the satisfactory nature of the way petitions to the Governor-General are dealt with, does he agree that justice should be transparent, accountable, and consistent in process; if so, what does he make of the opinion of senior Queen's Counsel Judith Ablett-Kerr, who describes the current way of handling petitions to the Governor-General as "terribly arbitrary, with no consistency of approach, no transparency, and little accountability", and does he not agree that an independent office, as outlined by Justice Thorp, would provide a transparent, consistent, and fair process?

Hon MARK BURTON: In answer to the first question, I disagree with the Queen's Counsel, who has a particular view on these matters as an active defence lawyer. I draw to the member's attention Sir Thomas' view, after examining the 53 files that he had asked for the opportunity to access, that he had few disagreements with the conclusions reached. That suggests that the current process is a robust one. That is not to say that the alternative model he has raised is not worthy of consideration; it is under current active consideration, along with other possibilities. As the member knows, I think, that policy work is due for report later this year.

Nandor Tanczos: How can the Minister be satisfied with the current process in light of the fact that it took Rex Haig taking a prison officer hostage before he got a fair hearing, and does it require taking someone captive to get a fair trial in the New Zealand system?

Hon MARK BURTON: I simply do not agree with the member's assertion.

Nandor Tanczos: I raise a point of order, Madam Speaker. I ask the Minister to clarify whether he is disputing that Rex Haig had to take someone hostage, or whether he is disputing that that is what it takes to get a fair deal.

Madam SPEAKER: Is the member asking another supplementary question—because the Minister did address the question? There are no more supplementary questions.

NZ Innocence Project

Three News
May 16 2007; 19:12

The Innocence Project speaks to Campbell Live

The Privy Council has quashed David Bain’s murder convictions which means, as the law defines it, he is no longer guilty, but it does not mean he has been found not guilty.

If David Bain is indeed not guilty, he will join the list of people like Arthur Allan Thomas, Rex Haig and David Dougherty, New Zealanders put in jail for terrible crimes they did not commit.

Victoria University’s School of Psychology has recently established a research unit to look at cases where convictions may be dubious.

Known as the Innocence Project, it will focus particularly on the use of psychological evidence – evidence that can easily become contaminated.

Campbell Live talks to the manager of the Innocence Project.









Radio NZ
May 16 2007; 13:14

Victoria University says Bain case highlights need for Innocence Project

Victoria University in Wellington says the Bain case shows why the country needs a so-called Innocence Project.

The university has just set up an Innocence Project which aims to prevent serious miscarriages of justice.

A researcher Matthew Gerrie says the project follows in the path of similar ones around the world and examines possible cases of miscarriages of justice and wrongful convictions.

Dr Gerrie says project workers are already looking at a number of different cases that they might investigate, although he's declined to say which ones.

Peter Ellis - Denied Justice

The Nelson Mail
May 15 2007

Peter Ellis case
Letter to the Editor
by C A Pettit, Stoke

The person I have always felt was denied justice is Peter Ellis. Here is a man convicted on the evidence of pre-school children.

I have said it before and will say it again. When I was pre or early school, I could have easily said (and stood by it) that my dad was the worst person in the world. He was in fact one of the best dads anyone could hope for.





Taranaki Daily News
May 12 2007

Another blow for justice
Letter to the Editor
by J Robins, Stratford

FINALLY, and rightfully, David Bain is to be freed. The charges of murder against him noted by the British Law Lords to have been slammed as a "substantial miscarriage of justice''.

Surely now David can be officially pardoned and recompensed by our Government for the years of wrongful incarceration and continued slur against his character by the media and individuals alike.

To our New Zealand police force, again another slight against their credibility.

How can the average New Zealander feel confident that our legal system is just and righteous?

Think back to Peter Ellis, Arthur Allan Thomas and others presently in the penal system also bemoaning their innocence. The obvious being Scott Watson.

The New Zealand Police have hardly been conducting themselves in a way that can be seen as `exemplary'; far from it. Rape, sexual abuse accusations are almost a daily occurrence and yet we are still expected to place our trust in them. I sincerely hope David gets all the compensation due him and that our police force weeds out the dead wood.

Berhampore sex claims settled

Radio NZ
May 16 2007; 10:37

Out-of-court settlement reached for Presbyterian sexual abuse claimants.

After years of negotiations, former residents of Wellington's Berhampore Children's home have reached an out-of-court settlement with Presbyterian Support Central over sex abuse claims.

Around seventeen people claimed they were sexually abused while living at the home forty years ago, by its former manager Walter Lake, who died before charges could be laid.

The lawyer representing the claimants, Gordon Paine, says a settlement was reached with all of his thirteen clients.

He says the majority have expressed relief that the ordeal is over, and the settlement will help to give them closure.

Mr Paine says his clients have agreed to a confidentiality clause as part of the settlement, so its details can not be revealed.






The Dominion Post
May 16 2007

Children's home abuse claim settled out of court
by Colin Patterson

Former Berhampore Children's Home residents who claimed they were abused by supervisor Walter Lake have ended their campaign after an out-of-court settlement.

The 13 former residents said that Lake sexually abused them in the 1950s and 1960s while he was in charge of the home, which closed in 1985.

Lake died in November 2004, aged 84, as police were about to charge him with multiple sex offences.

The claimants have been in a long-running battle with Presbyterian Support Central -- which owned the home -- for compensation and an apology.

In 2005, the two groups agreed that barrister George Barton would be employed as a commissioner to assess the claims.

Chief executive Mark Woodard said the complainants had now received an apology from Presbyterian Support "for any way in which the organisation may have contributed to their anguish or trauma".

Other details of the settlement were confidential.

Gordon Paine, the lawyer who represented the 13 complainants, could not be reached for comment.

Meanwhile, a complainant who took separate legal action against Presbyterian Support said yesterday that he had reached a settlement with Presbyterian Support.

David Bahler -- identified only as B in court papers -- went to the High Court in December 2006 asking it to award him $50,000 that he said Presbyterian Support had agreed to pay following legal negotiations. But the court dismissed his claim.

His lawyer and Presbyterian Support's lawyer had since reached an agreement, which was also confidential.

Mr Bahler said he was happy with the outcome. He said the matter was now "dead and buried".






NZ Herald
May 16 2007

Children's home sex abuse claims 'settled'
NZPA

Former residents of Wellington's Berhampore Children's Home reached an out-of-court settlement over sexual abuse claims, it was reported today.

The 13 former residents said that supervisor Walter Lake sexually abused them in the 1950s and 1960s at the home, which closed in 1985.

Police were about to charge Lake with multiple sex offences when he died in November 2004, aged 84.

The claimants have been in a long-running battle with Presbyterian Support Central -- which owned the home -- for compensation and an apology.

PSC chief executive Mark Woodward told the Dominion Post today that a confidential settlement had been reached with the claimants and that they had now received an apology "for any way in which the organisation may have contributed to their anguish or trauma".

Teacher Not Guilty - Gisborne

Stuff
May 8 2007; 17:59

Teacher found not guilty of sex with underage student
NZPA

Tears welled in the eyes of a relief teacher accused of having sex and indecently assaulting a 14-year-old student as a jury found him not guilty on all charges in Gisborne District Court today.

It took the jury two and a half hours to find Janus Herewini Warmenhoven, 29, not guilty of having sexual intercourse with a girl aged between 12 and 16 and two counts of indecently assaulting a girl aged between 12 and 16.

As the final verdict was read, he wiped a tear off his cheek.

Warmenhoven had name suppression up to and during the trial to protect his right to a fair hearing as he had faced charges in Australia last year.

In April last year a Brisbane Supreme Court jury found Warmenhoven not guilty of murder and manslaughter.

He was accused of killing his former girlfriend's 10-month-old daughter in Brisbane during February 2003.

He appeared in Gisborne District Court this week accused of kissing, indecently touching and having sex with a 14-year-old former student during a party in a rural East Coast town in January 2004.

In closing, defence counsel Nicola Wright told the jury that these things simply did not happen.

Basically the complainant was a young girl, who had a crush on her teacher – a teacher she knew was not returning to the school next year, Mrs Wright said.

The girl made up this story so she could brag about it to her friends.

When the story hit her mother's ears she did not want to look like a liar so she continued the story.

"This is a woman who can't back down from what she said three and a half years ago," Mrs Wright said.

Mrs Wright asked the jury to imagine what the girl's life would have been like in a small East Coast town if she had backed down and admitted that she had lied.

There were two things the complainant was holding on to, that she had sex with Warmenhoven and that she kissed him.

However, there was no witnesses to either of those events, Mrs Wright said.

In closing for the prosecution, Nicola Graham said Warmenhoven was a man who was liked by students; a man many considered quite handsome and that many of the girls had a crush on.

He sometimes socialised with his students out of hours, often at parties around town.

"At one of those parties, less than a month after school year ended, he hooked up with a student," she said.

When people found out, Warmenhoven said it did not happen and that the girl was only boasting to her friends.

However, her friend and cousin had testified that on the night of the party Warmenhoven asked her if the complainant wanted to "hook up" with him.

A short time later she noticed both Warmenhoven and the complainant missing.

Around an hour later when they returned Warmenhoven was wearing different clothes to what he had been wearing earlier in the evening.

Teacher Not Guilty - Hamilton

Waikato Times
May 8 2007

Retrial finds jailed man not guilty of sex charge

A former Hamilton teacher who was jailed for sexually assaulting a woman in 2005 has been found not guilty in a retrial.

A Hamilton District Court jury last week delivered a verdict of not guilty on two charges of indecent assault against Vijendra Kumar, 33, a former relief teacher.

Mr Kumar said the verdict brought an end to two years of heartache and stress for his family, and he was looking forward to getting his life back on track.

"It has been a very hard time - all of a sudden my life came to an end but I had done nothing wrong," he told the Waikato Times. "Now we can start a new life."

In May 2006 a jury found Mr Kumar guilty of indecently assaulting a real estate agent who was showing him an empty house in 2005. He was sentenced to two years and two months in jail, five months of which he served before his appeal was approved. He was due to be released from jail when he began the appeal process.

The woman, who has continued name suppression, told police that Mr Kumar had propositioned her while she was showing him a listing in Chartwell's Belmont Ave, and then said he demanded to be taken back to the property after viewing other houses and forced her to masturbate him.

The charges were a "shock" for Mr Kumar; the teacher of seven years lost his job and people turned their backs on him. From jail he and his wife initiated a retrial, becoming well versed in the legal mine-field they were journeying into. With the help of his new lawyer Mike Robb they were granted the retrial.

"I know so much about law now. I studied so I knew what was happening," Mr Kumar said.

He said he had spent thousands on legal bills and had been ill because of stress. It was the support of his family that kept him motivated to fight what he considered to be a trial affected by racism.

"It was my very hard efforts and my wife's very hard efforts that we were able to appeal and win," he told the Times.

"My wife has been very supportive and it is because of her support that I was able to appeal. I am glad it is now over."

Obsessed with paedophilia

http://news.bbc.co.uk/2/hi/uk_news/magazine/6563529.stm

BBC News
April 17 2007

Misery lit... read on
by Brendan O'Neil

The bestseller lists are full of memoirs about miserable childhoods and anguished families. Waterstone's even has a "Painful Lives" shelf. Why are authors confessing their hurt so freely and do readers find morbid enjoyment in them?

In recent years, numerous new sub-genres have emerged in Britain's literary scene.

There has been "chick lit" (usually comedic novels about singletons looking for Mr Right), "mummy lit" (tales of new mums making a hash of juggling child and career), and "Brit lit" (which refers to new British novel-writing in general).

Now we have what Bookseller magazine refers to as "mis lit", or "misery memoirs", in which the author tells of his or her triumph over personal trauma. Referred to by publishing houses as "inspirational lit" - or "inspi-lit" - many, though by no means all, of the harrowing memoirs tell of being sexually abused as a child.

And they are proving to be hugely popular. Currently there are three such books in the top 10 best-selling paperbacks in Britain.

Don't Tell Mummy by Toni Maguire, "a memoir of childhood abuse", is at number one. It's followed closely by Betrayed, a mother's story of a family torn apart by her daughter's behaviour, and Silent Sisters, a memoir about "siblings who survived abuse". In the hardback top 10 there is Our Little Secret, which tells of a "boy molested from age of four" and Damaged, the story of a child abused by parents "involved in a sickening paedophile ring". Daddy's Little Girl, which recounts a girl's abuse by her father, sits just outside.

These memoirs sell in numbers that many mainstream novelists can only dream about. Of the top 100 bestselling paperbacks of 2006, 11 were memoirs about surviving abuse. With combined sales of 1.9 million copies, abuse memoirs made up 8.8% of sales in the 100 bestselling paperbacks last year.

Waterstone's now has a "Painful Lives" shelf which features the newest such examples; Borders has a "Real Lives" section.

They sell in supermarkets, too, including Asda and Tesco. According to Kate Elton of Arrow publishers, the market for these memoirs is "80% or 90% female".

What lies behind the speedy rise of the "misery memoir"? Is the popularity of these books a healthy sign that Britons are shaking off their stiff upper lips and finally talking out loud about painful events? Or is there an element of voyeurism, even salaciousness, in the snapping up of such memoirs?


Helps healing

Some of the memoirists say they write in order to come to terms with their traumatic experiences - and to help readers to do likewise.

Toni Maguire, author of the top-selling paperback Don't Tell Mummy, in which she writes of her abuse at the hands of her father, said in a recent interview it was "difficult going back over the past, but writing helped me deal with the past. If readers take one thing away from reading the book I'd like it to be that they normalise the victim. People have got to realise that it is not shameful to be a victim", said Maguire.

James W Pennebaker, a professor of psychology at the University of Texas in the US, says that writing about traumatic experiences can indeed help the writer to deal with his or her emotions.

"There's compelling evidence that writing about serious emotional upheavals can improve mental and physical health," he says.

Professor Pennebaker admits scientific research into the value of expressive writing is still in the "early phases". But his research seems to show that trauma-writing is beneficial.


Unsavoury side

"In our studies, we bring a group of people into the lab and randomly select some to write about a personal traumatic experience and others to write about something superficial. They write in 15- or 30-minute bursts over a period of three or four days. We found that those who write about trauma tend to see some improvement in wellbeing."

The trauma-writers experienced health benefits - including improvement in immune function - and also reported feeling "less haunted" by their traumatic experiences.

However, Professor Pennebaker says his research only covers individuals who write "by themselves and for themselves".

"The act of writing can be therapeutic, but having your painful writing published is a different matter. Whether that is beneficial for the author is up for question. Sometimes it introduces new problems of its own. The author might be cut off by family and friends or find that their social worlds fall apart."

Others believe that the success of the misery memoir reveals something rather more unsavoury about contemporary Britain.

"I just don't buy the idea that people buy these books for information or advice, for an 'Open Sesame' to becoming free of their own harrowing memories", says Times columnist Carol Sarler.

"Rather they show that, as a nation, we seem utterly in thrall to paedophilia. We are obsessed with it. And now, with these books, we are wallowing in the muck of it. It's all rather disgusting."

Gerry Feehily, a publisher-turned-novelist based in Paris, also believes these books are popular because they flatter readers' sense of moral outrage while also secretly titillating.

"Paedophiles are down there with the Nazis and Judas as all-time bad folk, so these stories are easy on the writer, easy on the reader. Most of us not being paedophiles, we are in a comfort zone with these books, where we feel edified and also morbidly thrilled."

And because the memoirs are born out of an existing consensus that child abusers are wicked, they cannot be considered to be challenging or "real" literature, says Feehily.
"For me, any real literature avoids a ready-made consensus, or even challenges the consensus. Few of the books on abuse rise above the level of curio, documentary or pure opportunism", he says.

Liz Bury of Bookseller thinks we should be more generous. The rise of the misery memoir shows there has been a "great shift in attitudes in Britain" - we have become more willing to talk about nasty events rather than pursing our lips and staying quiet, she says.

"Maybe there is a voyeuristic impulse behind some people's purchase of these memoirs," says Ms Bury. "But probably the vast majority of readers are motivated by empathy rather than a desire to pore over someone else's pain"

Book Review: Child Sex Abuse

Book Review

Child Sexual Abuse: Disclosure, Delay, and Denial,
edited by Michael Lamb, Margaret-Ellen Pipe, Yael Orbach, Ann-Christin Cederborg
(2007).

In the foreword, Gail Goodman and Tina Goodman Brown call this book a breakthrough. It attempts to shed light on the issue of disclosure, possibly the first time that the issue has been examined in detail. Studying disclosure from a scientific perspective is no easy task because, among other reasons, emotions can get in the way. There has been a lack of high quality research in this area. "How to obtain accurate and complete statements from children while limiting false reports is central to controversies surrounding disclosure".

The stakes are high. Failing to recognise abuse can result in a child being put at risk of further abuse. But a false accusation can be devastating for an accused, as well as for the children, who "may come to believe they were abuse victims when they were not, or they may have to live with the guilt of sending an innocent person to jail".

There is ongoing debate about how to help reluctant victims disclose and how often victims recant. There is also debate about how often leading questions result in false disclosures. This book sheds light on these questions.

Issues in CSA Accusations (2003)

Forensic child and adolescent psychiatrists Diane Schetky, M.D. (left), and Elissa Benedek, M.D., receive the Manfred S. Guttmacher Award from Michael A. Norko, M.D., chair of the award committee. They were honored for their book Principles and Practice of Child and Adolescent Forensic Psychiatry, published last year by American Psychiatric Publishing Inc.


http://pn.psychiatryonline.org/cgi/content/full/38/12/14

Psychiatric News
June 20, 2003
Volume 38 Number 12

False Sex Abuse Accusations Lead to Revision of Theories
Christine Lehmann

Research in the last decade indicates that most interview techniques and assumptions used in alleged child sexual abuse cases are seriously flawed. Thus, psychiatrists should be sure to read the latest literature before they testify in such cases

Psychiatrists who testify as experts in alleged child sexual abuse cases may undermine their credibility if they rely on outdated research and techniques, said forensic child and adolescent psychiatrist Diane Schetky, M.D., at APA’s 2003 annual meeting in San Francisco last month.

"I am amazed at experts who, despite the lack of evidence, continue to rely on a child’s behavior as an indicator of sex abuse," said Schetky, who has served as an expert witness in numerous cases of alleged child sexual abuse in the last 25 years.

Research has shown that sexualized behavior, for example, can be attributed to a number of other causes, including family sexuality, violence, and hours spent in day care, according to Schetky. Investigators have widely used children’s drawings, diagrams, and anatomically correct dolls to yield information that might support allegations of child sexual abuse.

However, studies have shown that young children may not appreciate the symbolic value of diagrams, adult questioning may influence the content of drawings, and dolls may increase recall but lead to inaccurate reports, said Schetky.

The research was driven primarily by sensational cases of alleged child sexual abuse in day-care centers in the 1980s, said Schetky.

"The public was outraged about the way the investigations were conducted and the ensuing miscarriages of justice that put innocent people in prison," said Schetky.

The research showed that between 23 percent and 33 percent of child sexual abuse cases involved false allegations, between 2 percent and 8 percent of cases involved deliberate lies by children, and the majority of reported cases were unfounded, said Schetky.

Several forces collided to create this phenomenon, including very young witnesses, inexperienced experts, poorly trained investigators, and role confusion.

"Interviewers were gullible, asked leading questions, conducted multiple interviews that led to delayed disclosures with fantastical details, and failed to consider other explanations for the children’s behaviors," said Schetky.

Therapists confused the absence of memory with repression of a traumatic memory, believed that memories were immutable and could be recalled from birth, and assumed a person who felt abused had indeed been abused, said Schetky.

Despite the lack of empirical evidence, therapists embraced and testified about various syndromes in court to explain the dynamics of sexual abuse. These included the sexual accommodation syndrome, a theoretical model designed to explain the dynamics of an incestuous family, and the sexually abused child syndrome, said Schetky.

Researchers found that children aged 11 and older were less suggestible than younger children, and preschool children were highly suggestible, said Schetky.

"The most reliable interviewer technique to obtain a narrative history from children was using open-ended questions and the child’s own words," said Schetky.

Some studies suggested that the first interview with the child is the most accurate, said Schetky.

During the last decade, psychiatrists conducted research on the long-term consequences of child sexual abuse. However, the results have been inconclusive. For example, a large retrospective study of women who were sexually abused in childhood showed a correlation with all psychiatric disorders, but another study on the effects of childhood sexual abuse showed a specific correlation with depression, suicide outcome, and posttraumatic stress disorder, according to Schetky.

The mixed results make predicting long-term outcomes of childhood sexual abuse risky, she concluded.

Judges in federal courts are largely responsible for determining the admissibility of testimony. "The impact of the Supreme Court’s decision in 1993 in Daubert v. Dow was to increase judges’ awareness of scientific methods and concepts of reliability and relevance. The plaintiff (Daubert) lost the case because of conflicting expert testimony from physicians and researchers. The ruling led to the publication of the Judge’s Scientific Reference Manual in 1994," said Schetky.

The impact of the ruling has been increased scrutiny of expert testimony, particularly in civil cases. "I recently spent a day answering questions from the opposing attorney about the methods and research I used in reaching my opinions," said Schetky.

"Ethical Guidelines for the Practice of Forensic Psychiatry" is posted on the Web site of the American Academy of Psychiatry and the Law at

www.aapl.org/publ.htm