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

Third of sex complaints false

Sunday Star Times
May 6 2007

Lundy toasted family he killed, cop reveals
by Lisa Bradley

Mark Lundy took a bottle of wine and two glasses with him to view the bodies of the wife and daughter he butchered, the family's victim liaison officer has revealed.

Lundy, sentenced to 20 years' jail in 2002 for the double murder of Christine, 38, and seven-year-old Amber, poured two glasses of wine and toasted his wife while he stood over the coffins the night before the pair were buried.

Palmerston North detective Liz Williams, who was assigned to be victim liaison officer to the Lundy family after the bodies were found in the Karamea Cres home on August 29, 2000, has revealed fresh details about the case in a new book.

Williams says although she initially had an open mind on Lundy's guilt, she saw him in a different light during the funeral parlour visit.

Lundy "slithered" along a wall, crying loudly as they entered the viewing room, she recalls. He looked "more like a performer in a B-grade movie" than a grieving husband and father as he made the toast to Christine.

"He talked loudly to her for a while, mentioning who had called on him offering condolences, the comments being made more for those listening perhaps as opposed to the dead."
Williams also reveals Lundy seemed "oddly removed" from his daughter.

"It was as if he was detached from her, and I thought he was strangely unemotional in his manner. He hardly looked at her."

Williams later accompanied Lundy to the family home where the murders took place. The detective recalls feeling "terrible" passing the bloodstained carpet where Amber was found, a spot Lundy "nonchalantly" walked over to get to the bed where his wife was discovered.

"'Where was she lying?' he asked. I looked at him in amazement. Like the floor he had just walked over, the whole left-hand side of the bed was also covered in blood stains and it was pretty obvious where she had lain."

The case was Williams' first homicide.

It is one of many crimes Williams covers in her memoir of 12 years in the force, Does This Make My Gun Look Big?, which is told, she says, "from a short female's perspective" - she is just 55kg and 1.6m tall.

Williams, 35, refuses to be drawn on police attitudes to women in the force and outside it - although she began writing the book in 2003, just before rape allegations surfaced against assistant commissioner Clint Rickards and former officers Brad Shipton and Bob Schollum.
"Policing is just as much fun now as it was when I joined 12 years ago. I've never experienced bad things."

But Williams does write about her dealings with false rape complainants, saying about one in three sex allegations she investigates is unsubstantiated or false.

"It angers me," says Williams. "It makes it difficult for the real victims."

Despite her size, Williams says there is nothing she would not do to help a colleague in trouble. Her lethal weapon is her mouth, she says, as well as an ability to talk situations into her favour.
"You learn to adapt to what you've got."

* Does This Make My Gun Look Big?, Hazard Press, $29.99

Intelligent Police officer

Neil Grimstone

Senior Sergeant Neil Grimstone says:

"The genuine victim will be treated professionally,
with courtesy and sympathy"

"However the liar will be found out and will be
fronted before the courts"

(One News, May 3 2007)

A police officer who appears to be genuinely concerned about victims of rape and victims of false allegations of rape.

Brethren: 5th woman complains

The Press
May 2 2007

Fifth woman in sex-abuse claim

Police investigating historical child sex-abuse allegations against a Nelson member of the Exclusive Brethren have received a complaint from a fifth woman.
Detective Inspector John Winter, of the Nelson police, said they received a call from a former member of the church late last week.
Detectives were speaking to the woman. Police hoped to speak to the elderly Nelson man at the centre of the allegations once all the complaints had been thoroughly investigated, Winter said.
Of the five women who had complained about the Nelson man, three currently lived in Nelson, one in Auckland and one in Christchurch, Winter said.
It is understood the alleged offending took place in Nelson from the 1950s to the 1980s.
The police investigation into the allegations began in mid-March.
Australian-based Exclusive Brethren spokesman Tony McCorkell said he was prepared to come to New Zealand and help police with their inquiries.
McCorkell, who spoke to the man at the centre of the allegations when he was in New Zealand briefly last month , said the church would not pay for or assist with the man's legal needs.
"I understand he is seeking his own legal advice," said McCorkell.




The Nelson Mail
May 2 2007

Police to talk to Brethren man on sex claims

Nelson police investigating historic sexual abuse complaints from five former Exclusive Brethren women say they hope to speak to the elderly Nelson man at the centre of the allegations within a couple of weeks.
Tasman police district commander Superintendent Grant O'Fee said police initially received three complaints from women allegedly abused by an Exclusive Brethren member in Nelson between the early 1950s and the early 1980s.
He said two more women came forward with complaints late last week, and that all five were now being investigated.
He said the fourth complaint had been laid in Auckland, and related to alleged offending when the woman was around 10 years old and living in the Nelson area.
He said there was no suggestion of further complaints being made by other women. Mr O'Fee said investigations into historic complaints often took a considerable amount of time, as it was harder to contact everyone involved.
But he said police hoped to speak to the man the complaints had been made against in the next two weeks.
Police were still in the early stages of investigating the most recent complaint.
Australian-based Exclusive Brethren spokesman Tony McCorkell said he was prepared to come to New Zealand and help police with their inquiries.
* Of the five women who have complained about the man, three currently lived in Nelson, one in Auckland and one in Christchurch, he said. When Mr McCorkell was in New Zealand last month, he spoke to the man at the centre of the allegations, and said the church would not pay for, or assist with, the man's legal needs.
"I understand he is seeking his own legal advice,'' Mr McCorkell said.

Rape Hoax Part 6 - 3 May

Nicola Alison May
False rape claims in 2004 and 2007

One News
May 3 2007

False rape complainant sorry

A South Auckland woman now admits she went to great lengths to stage a home invasion rape scene in the hope she might lure back a married man she had had a brief affair with.
Nicola May, 41, admitted making a false statement, said sorry to the court and made a plea to genuine rape victims to still come forward, despite what she has done.
May was not raped at gunpoint, there was no intruder and no one posing as an undercover policeman.
Instead she admits she fabricated the story and inflicted her own wounds to make it look like she was raped at her flat at Papakura.
Her lawyer Colin Amery says his client is extremely remorseful. On Thursday, she said sorry in a letter to the court, especially to genuine rape victims.
"I hope that my actions do not stop you from seeking help and coming forward and seeking help because the help that is available from the police and from other support agencies is the absolute best that is available and at every moment you will be treated with respect," she says.
The police officer in charge of the case, Neil Grimstone says the genuine victim will be treated professionally, with courtesy and sympathy, "however the liar will be found out and will be fronted before the courts".
It appears the motive in this case was love - a brief affair with a married man ended but she wanted him back.
"It was an attention seeking situation," says Grimstone.
The court heard how May cut her phone line, tore her clothing, injured herself and ripped out clumps of her own hair to make the rape look real. When she was finished, she told police she then physically made herself throw up.
It's not the first time May has cried rape. Police say investigations uncovered another false allegation three years ago.
"She's obviously going to try and put her life back in order. It's a very difficult time for her," says Amery.
"It's the start of the process. That's all I have to say now, thank you," says May.
And this case has another cost - nearly $60,000 from a police investigation totalling 670 man-hours. Grimstone says that's a huge amount of time and effort.
May had no supporters in court on Thursday. She will undergo a psychiatric assessment before she is sentenced next month.
The charge of making a false statement carries a penalty of three months in prison or a fine of up to $2,000.




Three News
May 3 2007; 11:25

Woman pleads guilty to making false statement about rape

The woman who claimed she had been raped by a police impersonator has pleaded guilty in a South Auckland court to making a false statement.
41-year-old Nicola Alison May, a former pharmacist, will be sentenced next month.
She injured herself last month to fool investigators and regain the attention of a married man she had had an affair with.
May, also made a false complaint in 2004.
Police say they wasted $60,000 and 670 hours on a manhunt over the false complaint and that the inquiry harmed other investigations.
However, Detective Senior Sergeant Neil Grimstone says the recent Bazley report criticised police for their handling of women's complaints, but this case shows officers can be trusted




Newswire
May 3 2007; 18:06

Police Officer Doubted Description Of Attacker

The police officer investigating the false rape claim by Auckland woman Nicola May says it was her description of the attacker that aroused his suspicions.
The 41-year-old pleaded guilty at the Papakura District Court this morning to making a false statement to police after claiming she was sexually violated by a man posing as a plain clothed police officer.
The investigation lasted three days before she admitted the attack was self-inflicted.
Senior Sergeant Neil Grimstone says the description of the armed plainclothes officer did not make sense.
Meanwhile, May hopes her actions won't stop legitimate victims from speaking out.
Outside the court May said the police treated her with respect and compassion and urged legitimate rape victims to come forward to police.
Police hold little hope of recovering the $60,000 the investigation cost to run.




Newswire
May 3 2007; 17:11

Cost Recovery Unlikely In False Rape Complaint: Police

Police say they're unlikely to recover the $60,000 cost of their investigation into a south Auckland rape complaint that turned out to be false.
A 41 year old woman, Nicola May, pleaded guilty to making a false statement to police at the Papakura District Court this morning.
Last month May concocted an elaborate story about how she was sexually violated by a man posing as a plain clothed police officer.
She went to great lengths to make her complaint appear valid, after being rejected by a lover.
The court heard that it seems unlikely the cost of the intensive police investigation can be recovered, given May's circumstances.
May will be sentenced in June.




Newswire
May 3 2007

Woman Admits Faking Rape Complaint

A 41-year-old south Auckland woman has admitted she lied about being viciously raped, a claim that sparked a major police investigation.
At Papakura District Court this morning, sickness beneficiary Nicola May pleaded guilty to knowingly making a false statement to the police.
The court heard that in April she developed an elaborate story about how a man posing as a plain clothes police officer forced his way into her home.
May pulled out her own hair, used a hammer to induce bleeding, and to make what appeared to be the trauma resulting from a sexual attack.
During the hearing, May's lawyer described the situation as very sad, saying he has organized a psychological assessment.
She will be sentenced next month




Radio New Zealand
May 3 2007; 17:52

Woman admits faking rape complaint

A south Auckland woman has admitted she lied about being raped, a claim that sparked a major police investigation.
At Papakura District Court on Thursday, sickness beneficiary Nicola May, 41, pleaded guilty to knowingly making a false statement to police.
The court heard that she developed an elaborate story in April about a man posing as a plain-clothes police officer and forcing his way into her home.
Police say she pulled out her own hair and used a hammer to induce bleeding and to make what appeared to be the trauma resulting from a sexual attack. She was trying to get the attention of a married man with whom she had recently had a sexual relationship.
Outside court May said police treated her with respect and compassion and urged legitimate rape victims to come forward.
During the hearing, May's lawyer, Colin Amery, said his client has problems with depression and alcohol abuse. He described the situation as very sad, saying he has organised a psychological assessment. She will be sentenced next month.
The incident sparked a three-day $60,000 police investigation.The court heard that it is unlikely the cost of the investigation can be recovered, given May's circumstances.




One News
May 3 2007

Guilty plea for false rape complaint

The woman who sparked a major police inquiry after she falsely made a rape allegation has pleaded guilty.
Nicola May, 41, pleaded guilty to lying about being brutally raped by a man impersonating a policeman.
The prosecution says May went to elaborate lengths to try to convince authorities that she had been raped, including injuring herself and trashing her apartment.
May told police the the rapist tricked his way into her home by posing as an undercover police officer, threatened her with a hand gun and sexually assaulted her over a three hour period.
In court on Thursday she apologised in a letter to the court. And after her appearance, May urged victims of rape and sexual abuse not to let her actions affect them.
The charge of making a false statement carries a penalty of three months in prison or a fine of up to $2,000.
May will be sentenced in June.




Stuff
May 3 2007

False rape claim made after lover's rejection
by Kim Ruscoe with NZPA

A Papakura woman deliberately fabricated a home-invasion rape scene to get the attention of a former lover.
Nicola Alison May, 41, a sickness beneficiary who previously worked as a pharmacist, pleaded guilty to making a false rape complaint when she appeared in Papakura District Court today. She was remanded on bail in order to reappear for sentencing on June 8.
In a brief statement outside the court she said she had only one thing to say and it was directed at victims of rape or sexual abuse.
"I hope that my actions do not stop you from coming forward in seeking help because the help that is available from the police and other support agencies is the absolute best that is available," she said.
May said that at every moment police would treat victims of sexual abuse with respect and without judgement.
"Please don't let my actions stand in your way."
Police prosecutor Senior Sergeant Tony Easter said May had become attracted to one of the labourers who helped her move into flat, shortly before the alleged false rape, and they had sex on one occasion. The next time they met, the man, who was married with a young family, ended the affair because of feelings of guilt.
May became depressed and upset and started to think about ways to regain his attention. She decided to say that she had been raped and started planning how the 'scenario' would be played out.
Once 'raped' she planned to go to the doctor and present the appropriate trauma which she believed would satisfy that it was a genuine rape.
Police said she made numerous preparations before the she laid the false rape complaint with the doctor. She cut her telephone line, pulled out clumps of her hair, rubbed her knees on the carpet until they bled and scratched her buttocks.
Police said she did not want police to be involved but they were called after she went to the doctor.
Police said after three days she confessed that it was a false complaint.
They also said their inquiries revealed an earlier false rape allegation in May 2004.
The police inquiry cost more than $59,000 and although reparation was sought they did not expect it to be paid because May was an alcoholic with a dependency on prescription drugs.
Her lawyer, Colin Amery, said it was "a very sad case and showed how an event with relatively innocent intentions could escalate."



Newstalk ZB
May 3 2007; 10:52

Guilty plea over fake rape complaint

The South Auckland woman who falsely claimed to have been raped at gunpoint by a man posing as a plainclothes police officer last month has pleaded guilty.
Forty-one-year-old Nicola May appeared in the Papakura District Court this morning, where a name suppression order was lifted.
The prosecution says May went to elaborate lengths to try to convince authorities that she had been raped, including injuring herself and trashing her apartment






NZ Herald
May 3 2007; 11:25

Woman made false rape claim after jilted by lover
by David Eames with NZPA

A woman who claimed she was raped in her home by a man pretending to be a police officer today admitted in court that she made up the allegation.
The court heard Nicola Alison May fabricated the allegation after being jilted by a lover.
The Papakura woman potentially faces a $60,000 bill in police and other costs after sparking a major inquiry last month.
Speaking outside court, May told a large media contingent that genuine rape victims not to be put off going to police.
She said: "I hope that my actions do not stop you from coming forward in seeking help because the help that is available from the police and other support agencies is the absolute best that is available."
May, 41, pleaded guilty to one charge of making a false allegation to police when she appeared in the Papakura District Court today.
The court was told that May developed an attraction to a man who helped her move into her Papakura home, but when he broke it off because he was married and felt guilty she wanted to do something to win back his affections.
Before she went to a doctor to lay the false complaint May made numerous preparations.
Police said she cut her telephone line, pulled out clumps of her hair, rubbed her knees on the carpet until they bled and scratched her buttocks.
She also put a condom over a hammer handle and used it to create sexual attack trauma.
She did not want police to be involved but they were called after she went to the doctor, the court was told.
Police said after three days May confessed it was a false complaint.
A police summary of facts read to the court revealed May had also made a false rape allegation in 2004 but that complaint was not forwarded to police.
That complaint came to light through inquiries into her past and that of her previous partners.
May was remanded on bail to June 8 for sentencing. A psychiatric report and reparation report are pending.
The total cost of the inquiry into the false complaint was $59,382, made up chiefly of 670 police man-hours, which totalled $48,119.
The rest of the bill was comprised of medical examination costs, cleaning, forensic and security services.
Police said in court that attempting to reclaim the money from May may not be realistic as May is an alcoholic with a dependency on prescription drugs.