The "Validators" and Other Examiners1
Richard A. Gardner*
EDITORS' NOTE: In this selection from his latest book,
Richard Gardner critically discusses the "validators," the people who
are doing evaluations in sex abuse cases. He believes that they have played a
significant role in the current sex abuse hysteria.
I recognize that I am extremely critical of many (and
probably most) of the people who are doing evaluations in sex abuse cases.
I
appreciate that there are some (but I believe they are in the minority) who are
conducting skillful evaluations that are balanced and unbiased. My experience,
however, has been that the vast majority of those evaluators whose examinations
I have had the opportunity to evaluate in depth exhibit significant deficiencies
in their techniques. It is this group that I am referring to in this chapter,
and it is this group that is playing a significant role in the present sex abuse
fiasco. One cannot possibly know the exact percentage of evaluators who fall
into the category that I am criticizing here. Furthermore, even that division is
artificial in that each evaluator falls at some point along a continuum — from
those who manifest most, if not all, of the deficiencies described here to the
most competent and skilled who exhibit few, if any of them. Although their
percentage is not certain (and cannot probably be known) there is no question
that there are enough of these inadequate and incompetent evaluators to warrant
the criticisms presented here.
I suspect that those who refer to themselves as
"validators" are most likely performing at the levels of incompetence
described in this chapter. The very fact that they are comfortable referring to
themselves as validators provides strong justification for my placing them in
this category. The name implies that their sole purpose is to validate or
confirm that the abuse took place. It is the equivalent of a criminal court
judge referring to himself as the "convictor" or the
"incarcerator." Examiners who read this and find themselves angry and
offended might give serious consideration to the possibility that there is
validity to my criticisms, and that rectification of the problem might be
warranted. Those who respond to such irritation by not giving any consideration
to the possibility that my criticisms are valid are likely to be depriving
themselves of the opportunity to learn some useful principles and interviewing
techniques.
Who Are These People?
There is no generally recognized training program for sex
abuse evaluators. The field is basically "open territory."
Some have
training in psychology, some in social work, and many in various aspects of
"social service." Many are self-styled "therapists" who have
absolutely no training at all, even in related disciplines. It is important for
the reader to appreciate that all states have specific requirements for
certification in such disciplines as psychiatry, clinical psychology, and
clinical social work. States vary, however, regarding their receptivity to
providing certification for family counselors, pastoral counselors, nurse
practitioners, and other types of mental health professionals. I do not know of
a state (and there may be one or more) that provides certification for
therapists. In most states (to the best of my knowledge), anyone can hang up a
shingle and say that he (she) is a therapist and one cannot be prevented from
practicing because of the failure to have certification or a license. In short,
one cannot be penalized for "practicing without a license" if one does
not have to have a license in the first place.
Some of these self-styled therapists have also crept into the
sex abuse field where they serve as not only evaluators but therapists as well.
Sex abuse is a "growth industry." Up until recently, when we were not
aware of how widespread the sex abuse phenomenon was, we did not train many
individuals who were qualified to conduct such evaluations and provide
appropriate treatment. Now we have come to appreciate how limited are the number
of people available to take on the monumental task of processing all these cases
legislators are bombarded to provide more money to train and recruit such
personnel. Because of the great demand for their services and the paucity of
highly qualified people, standards are lowered, requirements are ill-defined,
and a wide variety of obvious incompetents are conducting such evaluations and
treatment.
Many of these ill-qualified and incompetent take
"courses" in which they are trained by people of questionable
qualifications. What happens then is that the misinformation, ignorance, and
gullibility of the teachers gets passed on to their students and soon down the
generations. Unfortunately, most students (happily not all) take a very passive
and receptive view of their instructors. They make the assumption that they must
know what they are talking about or otherwise they wouldn't be in their position
of authority. Walk into any classroom (even if the most prestigious colleges)
and there one will see an army of students, writing down reflexively what their
instructors are saying. The "best" students are those who vomit forth
what they have been asked to memorize. Even in the best schools this process
takes place. I believe that only a very small percentage of students are
actually encouraged to question the authority of their instructors and to
genuinely think independently and creatively. It is no surprise then that
evaluators who have most often had limited and even inferior educational
experiences are even more prone to accept as gospel what they are taught in
these "courses." Even I, who have provided expert testimony in courts
on this subject, never received formal training (during my medical school,
internship, and residency days in the 1950s) for differentiating between bona
fide and fabricated sex abuse allegations. However, I have at least had many
years of training in related fields — psychiatry, psychology, child development,
and medicine — which have served as a foundation for my subsequent three decades
of experience in this realm.
Most sex abuse workers operate in the context of a government
agency, referred to in many states as the Child Protection Team (CPT) or Child
Protection Service (CPS). Many unashamedly refer to themselves as
"validators." Those who utilize this term make no secret of the fact
that the vast majority (if not all) of the children they have evaluated have
been sexually abused. As implied in their name, they are merely there to
"validate" what everybody knows happened anyway. Otherwise, why would
the child be brought forth?
I am certain that a judge who referred to himself (herself)
as a "convictor" would not be considered to have the neutrality that
we expect of people in such positions. Yet, we say little about validators and the
obvious bias implied in their very title. In their partial (I emphasize the word
"partial" here) defense, many of these people have been working in
settings where the vast majority of referrals relate to intrafamilial sex abuse,
where the prevalence of genuine abuse is quite high. They have had little
experience in vicious child custody disputes and day-care centers, where the
incidence is quite low. They have had little experience with making the
differentiations necessary to utilize when evaluating referrals in the latter
categories. Accordingly, they tend to assume that what was valid in the
intrafamilial situation is valid in other situations as well. This could have
been a rectifiable problem. Unfortunately, for the reasons provided throughout
this book, this problem was not addressed adequately or soon enough, thereby
contributing to the prevention of the mass hysteria phenomenon that we are
experiencing at this time.
What do They Do?
To date, I have spent about 150 hours viewing and analyzing
the videotapes of these examiners, and I have about 1500 hours (my best
estimate) reviewing their reports and reading their depositions and testimonies.
Although such materials have been sent to me from various parts of the United
States, it is amazing how similar the techniques are. Accordingly, I consider
myself to be in a good position to describe in detail exactly what these
examiners do. In fact, because they work so similarly — regardless of what part of
the country they operate in — it is easy to make some generalizations about their
techniques.
"Children Never Lie"
In order to justify and advance their prediction that the
child will be found to be abused, they espouse the dictum that "children
never lie" on all issues related to sex abuse. The reasoning goes that a
young child, having had absolutely no exposure to or experience with sexual
encounters, must be telling the truth if such an encounter is described. A
related slogan is "believe the children." Even those who have had
children themselves, and deal daily with the fabrications and delusions of their
own children, have no problem waving these banners. In order to maintain this
position they must deny the "polymorphous perversity" that Freud
described almost a hundred years ago and which all parents (if they will only
just look and listen) have to accept as a reality of childhood. They have to
deny that the sex abuse prevention programs to which many of their
evaluees have already been exposed are in no way a contaminant to their
investigatory process. They have to believe, as well, that there has been no
coaching or programming (overt or covert, conscious or unconscious) by the
parents who bring their children to them, even though a vicious child custody
dispute may be taking place or the child is one of many parading out of a
nursery school in which there is an atmosphere of mass hysteria. They have to
deny, as well, the previously described ubiquity of sexual stimuli in our
society.
Ascertaining Whether the Child Can Differentiate Between the
Truth and a Lie
Early in the interview these examiners first satisfy
themselves that the child can differentiate between the truth and the lie.
In
many states, the judge, lawyers, and all other investigators are required by
statute to submit to this requirement before proceeding with the substantive
issues in the interview. For example, when examining children in the
three-to-five year age level, a typical maneuver in the service of satisfying
this requirement is for the examiner to point to a red object and say to the
child, "This is red. Is that the truth or a lie?" If the child answers
that the examiner is being truthful ("That's true"), the examiner may
then proceed by pointing to something that is green and saying, "This is
black. Is that the truth or a lie?" If the child then states that the
examiner is "lying," the examiner may then proceed to a series of
other
equally asinine questions in order to demonstrate that the child knows the
difference between the truth and a lie.
The same child is not asked the question, "Santa Claus
brings you gifts at Christmas time. Is that the truth or a lie?"
"The
good fairy left money under your pillow after your tooth fell out. Is that the
truth or a lie?" Obviously, asking any question that would be more
complex — one that might result in the child's demonstrating confusion between
fact and fantasy — would confront the examiner with the obvious fact that young
children have great difficulty differentiating between fact and fantasies,
between the truth and a lie, in a wide variety of areas. As mentioned
previously, we adults are not famous for our capacity to make such
differentiations either. Ignoring this obvious fact enables such examiners to
proceed with the "validation." Nor do they set up situations in which
the child is likely to lie, such as when accused of a transgression. Children
traditionally lie under such circumstances, but to demonstrate this in the
interview would, of course, raise questions about the child's veracity regarding
the sexual abuse issue.
What is also ignored is the fact that knowing the difference
between the truth and a lie is very different from the issue of whether or not
the child will actually lie. These evaluators make the very naive assumption
that because the child knows the difference between the truth and a lie, the
child will not lie. The vast majority of people who commit crimes know quite
well the difference between the truth and a lie; yet, they still lie, especially
in response to questions that might divulge their guilt. The whole inquiry
regarding differentiating between the truth and a lie is a mockery, a sham, a
ritual that these people go through in order to convince themselves that they
are indeed getting to "the truth."
Naming the Body Parts
The next step in a typical evaluation is to bring out some
pictures of naked people, the ostensible purpose of which is to find out what
names the particular child being interviewed uses for the various organs and
orifices that are to be found on the lower part of the human body. I have not
yet seen or heard of an examiner who will ask the mother questions regarding
what terms the child uses for these body parts. To do so would deprive the
examiner of the opportunity to introduce the subject of sexuality at the outset,
which is what the discussion of naming body parts is really all about.
Typically, these examiners are oblivious to the importance of
the psychological blank screen (like the blank card on the Thematic Apperception
Test [TAT] [Murray, 1936]) as the most valid way of obtaining information about
what's going on in a person's mind. Sometimes the so-called
"anatomically-correct dolls" (see below) are brought out at this point
to serve the same purpose.
These examiners do not seem to appreciate that the anatomical
pictures and dolls are different from just about anything the child has
previously seen and are likely to produce strong emotional reactions. This
serves to obfuscate and suppress other emotions (having nothing to do with sex
abuse) that may be at the forefront of the child's mind. Also, they transmit to
the child the message that the examiner is interested in discussing matters
related to naked bodies and this serves to draw the child's thoughts, fantasies,
and feelings into that path. Whether the examiner uses the pictures or the
dolls, a significant contamination has been introduced at the outset, a
contamination that already makes it unlikely that the examiner will truly find
out whether the child has been genuinely abused. After exposure to these
pictures or dolls, one cannot know whether the child's verbalizations about sex abuse were
the result of an actual experience or were stimulated by the naked human
figures.
The So-called Anatomically-Correct Dolls
Anatomically-correct dolls (for the reader who does not know
about these monstrosities) are dolls that specifically depict genital parts
(including pubic hair) and breasts (most often with prominent nipples). Many
have gaping orifices (vagina, anus, and mouth). Many cannot be justifiably
called "anatomically correct" because of the disproportion between the
size of the genitals and the rest of the body. More recently, in order to
protect themselves from this criticism, many of these workers have referred to
the dolls as "anatomically-detailed dolls." No matter what they are
called, they are a serious contamination to any meaningful psychiatric
interview.
Unless the child has been previously evaluated by one of
these "validators," it is most likely that the child has never seen
such a doll before in his (her) whole life. The child cannot but be startled and
amazed by such a doll. The likelihood of the child's ignoring these unusual
genital features is almost at the zero level. Accordingly, the dolls almost
demand attention and predictably will bring about the child's talking about
sexual issues. Again, the contamination here is so great that the likelihood of
differentiating between bona fide and fabricated sex abuse has become reduced
considerably by the utilization of these terrible contaminants.
If one gives a child a peg and a hole, the child is going to
put the peg in the hole unless the child is retarded or psychotic. Give a child
a wooden doughnut; the child will inevitably place his (her) fingers in the
hole. Give a child one of these female anatomical dolls with wide open mouth,
anus, and vagina; the child will inevitably place one or more fingers in one of
these conspicuous orifices. For many of these workers, such an act is
"proof' that the child has indeed been sexually abused. The assumption is
made that what the child does with these dolls is an exact, point-by-point
replication of what has occurred in reality.
The argument goes that these dolls "help" the child
verbalize what has happened. Presumably, they help the child overcome cognitive
and verbal immaturities or psychological tensions and anxieties that interfere
with direct discussion of the abuse. And this is a basic premise upon which
these people that the sexual intercourse did take place because it was
demonstrated during doll play. What is one of the great paradoxes of this field
is that some of these examiners are indeed trained clinical psychologists (some
even have Ph.D. degrees) and will utilize protective instruments
as a vehicle for learning about the child's fantasies, wishes, aspirations, and
distortions. Yet, in the same report, when the child projects material about sex
abuse onto these dolls, the assumption is made that here is the child is
"telling the truth." This cognitive "splitting" on the part
of such examiners is testament to the power of the human mind to deceive itself
in the service of one's wishes, in this case the wish to see sex abuse.
Sophisticated and sensitive clinicians allow a child to begin
a session by scanning and selecting from an array of materials that are
available for play evaluation and therapy. They recognize that the child's
selection will be determined by the psychological processes that are pressing
for expression. They appreciate that the toy so selected will be the one that is
most likely to serve as a catalyst for the expression of those thoughts and
feelings that are most important for the child to reveal at that moment. Validators have little if any appreciation of this phenomenon.
Sensitive and
knowledgeable clinicians allow a child to scan and search for an array of
materials that are available for play therapy. Many of these examiners often
have nothing else on their shelves but the anatomical dolls and, even if they
do, do not allow the child free play and selection, but confront the child with
the dolls immediately. Of course, there are some examiners who do indeed allow
the free play. However, the actual presence of such dolls is such a significant
contaminant that I would consider incompetent any examiner who utilizes them.
I
am not alone in this regard. In the state of California testimony based on
information elicited from such dolls may not be admissible in court. It is my
hope that other states will soon follow suit.
Leading Questions
Most of these examiners seem to be oblivious to the value of
the open-ended questions, the question that has a universe of possible
responses. It is not pure chance that competent examiners begin each session
with questions such as "So what's on your mind?" and "What would
you like to talk about today?" The equivalent opening for young children is
to allow the child free play in the playroom in order to choose whatever object
he (she) desires. Well-trained examiners appreciate that the best toys for
projection are those that have the fewest contaminating stimuli. Accordingly,
play objects such as blocks, sand, clay, crayons and blank paper serve well in
this regard because they do not have any intrinsic contaminations to the pure
projections. Dolls are less valuable for this purpose but, because they resemble human beings, are more
likely to catalyze projections related to human relationships. However,
experienced examiners recognize that the fewer details the doll has the better
it will serve as a stimulus for the child's uncontaminated projections.
Validators do not seem to appreciate these well-established
principles of child psychological evaluation and treatment. Well-trained
examiners recognize also that all play equipment are props and should only be
used when the examiner cannot elicit the desired material by using verbal
catalysts. They know also that the best verbal catalysts are questions of the
aforementioned type, which do not include any specific references to any
particular issue. Rather, the questions are designed to facilitate the
expression of a universe of possible thoughts and feelings. What the child
selects from that universe is therefore highly meaningful and provides the
examiner with useful information about what is going on in the child's mind.
Even a question like "Tell me about school?" is not a good one to
begin with because it directs the child to only one of the universe of possible
areas that might have been focused upon.
Validators appear to be oblivious to these important
techniques in child evaluation and treatment. Many zero right in with their
leading questions. Almost invariably, these direct the child to talk about sex
abuse. Some typical examples: A three-year-old girl has placed her finger in the
vagina of the anatomically-correct doll. As mentioned, validators almost
invariably consider this to be "proof' that some adult perpetrator has
placed his (less often her) finger in the child's vagina. The examiner, without
any previous discussion about the child's father, says, "Does your daddy
put his fingers in you just like that?" The child may not have been
sexually abused and may never even have thought about her father doing such a
thing. Yet, the question plants a seed in the child's mind that such an event
could possibly take place.
Another example: While holding up the chart of a naked woman
(allegedly to find out what names the child uses for the various body parts),
the examiner asks, "Has you teacher ever touched you there?" The child
may never have been abused by her teacher or anyone else. The question
introduces the visual image of such an encounter and contaminates, thereby, all
further inquiry regarding sex abuse, by the teacher or anyone else for that
matter. After that, whether the answer is yes or no (see below), one does not
really know whether or not such an event actually occurred.
Belief in the Preposterous
No matter how preposterous the allegation, no matter how
absurd, these examiners will believe them. They have no trouble believing that
adult males can have sexual intercourse with two-year-old girls with no evidence
of pain, bleeding, and trauma. The facts that the adult male penis cannot be
accommodated by the vagina of a two year old and that insertion will result in
the aforementioned consequences are ignored. They would believe that a child can
be forced to drink urine and eat feces and yet, minutes later, be perfectly
happy and friendly — without any sign or symptom of the indignities suffered only
a few minutes previously. They would believe that one person was able to undress
25 children, engage them simultaneously in a wide variety of sexual activities,
and then dress them quickly in order to be picked up by their parents. And yet,
not a single child left wearing the wrong sock, underwear, or other article of
clothing. They believe that children can have swords inserted up their rectums
with no medical evidence. They believe that children can be smeared with feces
and yet be so quickly and thoroughly cleaned that not a scintilla of evidence
remains to serve as a clue as to what transpired only a few minutes earlier.
They believe that children can witness the barbecuing of
babies, the slaughtering of infants and animals, and their burial in cemeteries,
without breathing a word of these activities for weeks and even months after
exposure to these atrocities. They believe that dozens of children can be sworn
to silence without ever breathing a word to their parents about any of the
tortures to which they have been subjected. They believe that children can be
stabbed with scissors, knives and other instruments in their mouths, ears,
noses, vaginas, and anuses, and yet not reveal any signs of their trauma (even
on medical examination) only minutes after the event. They believe that bands of
men wearing masks and costumes (clowns, big bad wolf costumes, cops, firemen)
can enter a school, involve the children in a wide variety of the aforementioned
rituals and abuses and then sneak out, completely unobserved by teachers,
parents, and school administrators.
They believe that pedophiles are exceedingly clever and
cunning in their methods, so much so that even the most experienced detectives
and investigators may find no clues or remnants whatsoever of the wide variety
of tortures, rituals, and abuses to which these children have been subjected.
Even though no one has ever found any of the dead bodies that these children
describe having been buried as a part of their abuse rituals, and even though many cemeteries have been dug up in
the search for such bodies, they still believe that such sacrifices indeed took
place. Many believe that hundreds of babies have been burned, stabbed, cooked,
barbecued, and drowned in the service of warning children that this will happen
to them if they breathe a word of their experiences to their parents. Even
though not one remnant of any of the aforementioned infants have been found, the
belief is still strong. It is as if the common sense cells and tracks of their
brains have been extirpated by a special operation.
Selective Ignoring of the Impossible
The aforementioned activities, although outlandish and
preposterous, are still within the realm of possibility (often narrowly so).
When
the examiner is confronted with information that even he (she) recognizes as
impossible, then other psychological mechanisms must be utilized in order to
maintain the delusion that the child has been sexually abused. For example, in
the course of describing the abuse, the child says that her mother (the one who
brought about the allegation in the first place) was present at the time when
the nursery school teacher fed her "doo-doo." Because the examiner
does not believe that this was the case, this bit of information will be
disregarded with the excuse that "the child was tired at the time."
When the child states that the abuse took place in the examiner's office, a
common explanation is "that's her way of saying that she views my office as
a 'safe haven' and that's why she spoke about the abuse taking place here."
When confronted with inconsistencies that are mutually contradictory and would
suggest that one of the versions has to be impossible the examiner might state:
"It's not my job to confront her (him) with inconsistencies."
Another way of dealing with the introduction of impossible
elements into the scenario is to utilize the mechanism of splitting. Specifically, if the child states, for example, that all four grandparents were
there and observed the molestation, the examiner might state: "She's confusing two events, the molestation and the
family gathering." In this way the sex abuse scenario remains
"pure" and its contaminants removed.
Sometimes the examiner does not even feel the need to provide
a rationalization for ignoring material that might suggest that the story is not
valid. One child claimed that her nursery school teacher had picked up a car and
had thrown it into a tree. The examiner unashamedly just stated that, of course,
this could not have happened and then went on to accept as valid all other
information that supported the conclusion that sex abuse did indeed occur.
This selective inattention to
noncorroborating data is one of the hallmarks of these validators' interview
techniques.
Another maneuver utilized by these examiners is this:
"Her denial proves it's true. That's typical of these children who are
sexually abused. They keep denying that it happened. That's because they were
threatened with terrible consequences if they were to admit it. I've seen many
such cases." Another explanation that is provided when a child denies that
anything has happened: "She's repressing it. It's been so traumatic to her
that she can't talk about it. It may take months of therapy before she'll be able
to admit it, even to herself. That's how powerful these repressive forces
are." Obviously, there is no way to win for accused people when the child
is interviewed by such validators.
The Utilization of the Yes/No Question
Competent examiners recognize the risks of the yes/no
question and generally avoid it. They realize that little information is
obtained from such a question. (This is something that attorneys and judges have
yet to discover.) When one gets a yes or no answer, one does not know whether
the interviewee is lying, is telling the truth, or is merely providing an answer
(yes or no selected at random) to "get the examiner off his (her)
back."
Spontaneously verbalized sentences and paragraphs are far
better sources of information. These "essay type" answers are more
likely to be revealing of the child's true thoughts and feelings. But these
examiners do not appreciate this obvious fact. Generally, they persist in the
inquiry until they get the yeses they want. Often the questions are quite
confusing to the child, probably to the point where the child does not even
understand what is being asked. In such an altered state of consciousness the
child is likely to say "yes" to every question in order to get the
examiner to come to the end of the unrelentless series of questions. Because
children are suggestible and wish to ingratiate themselves to authority, they
may provide all the yes answers the examiner wishes.
The yes/no question is also used in association with the seed
planting phenomenon. On day one the examiner asks the child if she ever had a
particular sexual experience, for example, whether her father put his penis in
her mouth. (This is a very dangerous thing for an adult male to do to an
unreceptive child [unless the child has no teeth].) The child may never have
entertained such a fantasy. However, the very question has now planted the seed
and the visual image of such an encounter has now been created in the child's
mind. At that point, the child who has never had such an experience
will say no.
During a subsequent interview, the interviewer (or another
examiner) may ask the same question. This time the visual image will be brought
out of memory storage and the child may be somewhat confused regarding whether
or not such a thing actually happened. A young child may not be able to
differentiate between an image that depicts something that actually happened
from an image that depicts something that was suggested. In fact, we adults are
not immune from such a process either. (Professional brainwashers and
propagandists know well that if you tell someone a lie frequently enough the
person will believe it.) If the child then shows some confusion regarding
whether or not such an event actually took place, the examiner is sure to hammer
away at the question: "Are you sure?" "Are you sure he didn't do
it?" Finally, the child says yes and that will serve as another nail in the
coffin of the accused. This is not only tragic for the falsely accused person,
but is also tragic for the child who is likely to believe the event took place
for the rest of her (his) life.
The So-called Indicators of Sex Abuse
Validators utilize an ever growing list of
"indicators" of sex abuse. These are the behavioral manifestations,
which can be observed by parents, that result from sex abuse. These
manifestations can be roughly divided into two categories (although there is
some overlap). The first are those behaviors that most competent and
knowledgeable observers would consider normal. In fact, healthy and
knowledgeable parents would also consider these behaviors to be part of the
normal child's repertoire. It takes a zealous validator and a gullible parent to
share in the delusion that these behavioral patterns are indeed the result of
sex abuse.
The second category are psychological symptoms which are
listed in the manual of psychiatric disorders. Most competent evaluators
recognize that these disorders have a wide variety of causes, most of which have
absolutely nothing to do with sex abuse. The validators would consider most of
them to result from sex abuse. Of course, this division into two categories is
my own; validators have just one long list of behavioral manifestations all of
which derive from sex abuse. I will now provide a few examples from each of
these two categories.
"Indicators" That Would Be Considered Normal by
Competent Evaluators: Examiners who consider the behavioral manifestations in
this category as signs of sex abuse must be abysmally ignorant of normal childhood
development. Or, if they have received such training, they have to obliterate
from memory what they have learned. Furthermore, if they themselves have
children, they must deny their own observations (past or present) regarding the
presence of these behaviors in their offspring. The frequency with which they
are capable of doing this is a testament to the power of the human mind to
utilize selective inattention, denial, and projection. Some examples: One
doesn't have to be a full professor of pediatrics to know that many children are
still bedwetting at ages three and four. This does not prevent validators from
considering bedwetting at that age to be a sign of sex abuse.
One does not have to be a full professor of child psychiatry
to know that normal children exhibit occasional nightmares, especially in early
to mid-childhood. Some of these nightmares are the direct result of frightening
experiences such as watching a scary movie on television or actually having a
frightening experience. Such nightmares are part of the desensitization process
which help children adapt to these frightening exposures. Other nightmares arise
sui generis and have complex psychological meanings which are still not
completely understood (Gardner, 1986, 1988).
Validators will typically consider nightmares to be one of
the important indicators of sex abuse. Although frequent nightmares of certain
types might very well be an indicator of sex abuse, these evaluators typically
do not attempt to make any differentiation between normal nightmares and those
that might be exhibited by sexually abused children. I have never seen a report
in which an inquiry has been made into the frequency of nightmares and their
relationship between the described nightmares and the alleged abuse. This is not
the way the human mind works. If a nightmare is being used for the purposes of
desensitization to a trauma (whether it be sex abuse or another kind of trauma),
it is likely to serve this function soon after the abuse — even the first night
following the abuse — not months or years later. Validators will ignore this
obvious fact in order to justify the use of the nightmare as an indicator of sex
abuse.
Furthermore, if the nightmare is to be used as an indicator,
one would think that the examiner might want to consider the content, especially
with regard to the likelihood that it relates to sex abuse. Most
validators do not
seem to have any need to do this. Any nightmare, regardless of content, is used
as an indicator. They can justify this with the old psychoanalytic standby that
it represents a symbol for the sex abuse. The most common normal nightmare
involves some malevolent entity (a point, a shadow, a monster, a bad man, a bogeyman, etc.)
coming menacingly toward the child. Typically, the child wakes up just before
the malevolent figure reaches the child. Invariably evaluators consider this
malevolent entity to be symbolic of the alleged sex abuse perpetrator. Whatever
the meaning of this nightmare (and my own opinion on its meaning is irrelevant
at this point), they do not see the need to explain how the vast majority of
nonsexually-abused children will have the same nightmare. (The reader who is
interested in my opinion of the meaning of this common nightmare might wish to
refer to my publications on the meaning of children's dreams [1986, 1988].)
In one case I was involved in a three-year-old child
described how the "big bad wolf' was chasing her in a dream. Predictably,
the validator concluded that this dream was proof that the child had been
sexually abused. This child was one of many involved in a day-care center sex
abuse scandal. The parents actively communicated with one another regarding
their children's symptoms and, not surprisingly, within a few weeks most of the
other children were also reporting big bad wolf nightmares. Rather than consider
this to be the result of the mass hysteria phenomenon, all the validators
concluded that the big bad wolf represented the alleged perpetrator, an
adolescent boy whom I considered to be completely innocent.
The parents are alerted to be on the lookout for any
behavioral changes. Predictably, these are considered to be manifestations of
sex abuse. In order to utilize this criterion, one must ignore the obvious fact
that every child in the history of the world exhibits behavioral changes, often
on a day to day basis. Normal children exhibit behavioral changes; if they did
not, they would not be moving along the developmental track. The one-year-old
behaves differently from the newborn infant; the two-year-old differently from
the one-year-old; the three-year-old differently from the two-year-old, and so
on.
Development does not run an even course; rather, it moves in
spurts and plateaus. Furthermore, children go ahead three steps and go back two
steps, and so it goes. Children have good days and bad days (just like adults).
Some of the behavioral changes that validators will consider manifestations of
sex abuse are an increase in sibling rivalry, refusal to go to sleep, changing
attitudes regarding foods, periods of uncooperative behavior, defiance, and
exaggerated reactions to normal disciplinary measures. In one well-publicized
case the parents informed the validator that the child had developed an aversion
to tuna fish. The validator quickly concluded that this was yet another proof
that the child had been sexually molested. Her reasoning: The human vagina, as everyone knows, smells like fish.
This
child's aversion to tuna fish must relate to the fact that she had performed
cunnilingus on her nursery school teacher, the alleged perpetrator. With the
utilization of logic like this, it is easy to see how impotent accused
individuals feel when the alleged victims are being evaluated by such sick
and/or ignorant examiners.
The list of indicators that are derived from normal childhood
behavior is long and there are many other examples. Temper tantrums are normal,
especially between the ages of two and four. In fact, it is reasonable to say
that all children, at some time or another, exhibit temper tantrums. It is the
normal, natural, primitive way that children express their anger. Predictably
validators consider temper tantrums to be a manifestation of sex abuse, the
child allegedly acting out the anger that was built up against the perpetrator.
All siblings exhibit frequent rivalry. In fact, it is
ubiquitous. The first-born is generally king (queen) of the world. The
second-born now requires that the throne be shared and worse, the time that the
parents must devote to the second is greater than that which must be devoted to
the first. This produces even greater rivalrous feelings. And when other
children come along, there is even greater resentment over the fact that the
parental involvement must be shared among all the children. I would go further
and say the children who do not exhibit rivalrous feelings toward their siblings
have some form of psychopathology, especially in the area of suppression and
repression of their thoughts and feelings. Once again, validators ignore this
reality and would consider sibling rivalry to be one of the indicators.
And now to masturbation. All normal children explore their
bodies from time to time and do not differentiate between the genital area and
other parts. They have to learn from others that touching oneself in the
particular area is socially unacceptable, especially in public. Children usually
learn themselves that stimulation of that area can provide pleasures different
from those derived from touching other areas.
Although orgiastic capacity is possible at birth, most young
children under the age of nine or ten do not stimulate themselves to the point
where they reach orgasm. Those who do may very well have been prematurely
introduced into the pubital and post-pubital levels or sexual arousal. Certainly, such introduction can be the result of sex abuse.
But this is not the
only reason why a younger child might masturbate to orgasm. In some children it
is a tension-relieving device, especially when they grow up in homes in which
there has been significant privation and/or stress. In some it can
serve as an antidepressant.
When a knowledgeable evaluator hears that a child is
masturbating, the examiner will make detailed inquiry about the frequency, the
time of onset, the circumstances under which it occurs, and whether the child
masturbates to orgasm. All this information is useful in ascertaining whether
the masturbation is related to sex abuse. Typically, validators do not make such
inquiries. They hear the word masturbation and that is enough to prove that the
child has been sexually molested.
It is of interest that in the late nineteenth century, in
both the United States and England, we witnessed a period of excessive
preoccupation and Draconian condemnation of childhood masturbation. Unfortunately, physicians (who should have known better) were actively involved
in this campaign of denunciation and attempts to obliterate entirely this
nefarious practice. Doctors considered it to be the cause of a wide variety of
illnesses, e.g. blindness, insanity, and muscle spasms. Various kinds of
restraints were devised in order to prevent children from engaging in this
dangerous practice. Some girls were even subjected to clitorectomies, so
dangerous was the practice considered to be. Parents were given a long list of
symptoms which were considered to be concomitants of masturbation. Some of the
alerting signs: temper tantrums, bedwetting, sleep disturbances, appetite
changes, mood fluctuations, and withdrawal.
Obviously, in the hundred years since those sad times, we
seem to have gone back full circle. The same list of symptoms that were
indicators of masturbation are now considered to be indicators of sex abuse.
Legrand, Underwager, and Wakefield (1989) have written a fascinating article
describing the similarities between the masturbation hysteria of the late
nineteenth century and the sex abuse hysterical of the late twentieth century,
with a comparison of the list of "indicators."
It is of interest that physicians have played an important
role in these crazes. It was a doctor who first "diagnosed" the
children in the Salem Witchcraft Trials as being possessed by the devil. Doctors
were actively involved in the antimasturbation fanaticism of the late nineteenth
century. And, unfortunately, there are doctors actively involved in the present
fiasco. There are physicians who are diagnosing sex abuse in the vast majority
of children they examine, utilizing criteria that are generally considered to be
within the normal range (e.g., anal puckering and hymenal tags). And there are
other kinds of doctors (Ph.D. psychologists and M.D. psychiatrists) who are
serving as validators and therapists and perpetrating the abominations described through this book.
"Indicators" That Would be Considered by Competent
Observers To Be Symptomatic of Disorders Having Nothing To Do with Sex Abuse:
Here I refer to those symptoms that are to be found in the Diagnostic and
Statistical Manual of the American Psychiatric Association (DSM-III-R).
If we are
to believe the validators, just about any symptom in this manual that could
possibly have a psychogenic (or environmental) cause can be a manifestation of
sex abuse. These would include depression, phobias, tics, obsessive compulsive
rituals, conduct disorders, antisocial behavior, hyperactivity, attention
deficit disorder, headaches, gastrointestinal complaints, etc. In short, if
there is any possibility of attributing symptoms to sex abuse, the evaluator
will do so. It is easier to do this when one is ignorant of the multiplicity of
factors that can indeed bring about such disorders. Many validators lack this
training and so have no problem with this oversimplified approach to the
explanation for these symptoms.
The maneuver utilized here is to assume, often reflexively,
that a psychopathological manifestation is the result of sex abuse. In order to
do this, the evaluator must make the assumption that the child came from a
normal, healthy home and all went well prior to the alleged sex abuse. Typically, these examiners do little if any inquiry into the home situation.
Detailed interviews of the parents are quite uncommon; rather, from the outset,
the primary (and often exclusive focus) is on the child. Most often the
conclusion that the child was sexually abused is made within a few minutes, with
absolutely no inquiry into the family background, especially with regard to the
presence of factors that might be contributory to the development of
psychopathology. Many of the validators would not know how to conduct such an
evaluation, so limited has been their training. Obviously, if they were to
conduct such inquiries, they might learn that the origin of the symptoms had
nothing to do with sex abuse but is more likely to be the result of
psychopathology engendering environmental influences.
Another common maneuver is to attribute to sex abuse the
symptoms that arose directly from the series of interrogations conducted by the
validators, lawyers, psychologists, psychiatrists, prosecutors, etc. A detailed
history (which most of these individuals fail to take) would quickly indicate
that the child's symptoms began at around the time of the interrogations, rather
than at the time of the alleged sex abuse. Of course, validators would not want
to believe for one moment that their allegedly sensitive and nonintrusive
investigations could bring about psychopathology. I consider my own interviews to be sophisticated and to be one in which I avoid
the numerous interview pitfalls and errors described in this
book. However, I openly admit that even my interviews may be stressful to
children and might contribute to the development of psychopathology. However, in
my defense, they are limited to a few interviews and I do not conduct
"therapy" for sex abuse, unless I am 100 percent convinced that the
abuse has indeed taken place. With regard to the stresses related to the few
interviews I do conduct during evaluations, I believe that their effects are
small as far as their contribution to producing long-term and even permanent
psychopathology. Such stresses are a small price to pay when one considers the
terrible consequences to a falsely accused person if the court (and often the
jury) is not convinced that the allegation is false. We have to weigh here the
trauma to the child caused by my inquiry against the psychological trauma
suffered by a falsely accused person — whose life may be destroyed and who may
even be incarcerated for many years.
More Direct Coercive Techniques
Although all the aforementioned techniques are, in a sense,
coercive, there are some maneuvers that these people utilize that are move
obviously so. One is: "I know it happened and I'm going to keep you here until
you tell me the truth." Other examples: "Things like this happen to
lots of kids. I know many children to whom the same thing happened. Don't worry,
I'll protect you." "You can tell me. I'll make sure that he'll never
do that again." "Now, Bobby, Jamie, Bill, Bob, etc. all told me
that it happened to them. Are you going to be the only child in the whole school
who is not going to tell me what happened?" "I don't believe that's
the only place he touched you. I want you to tell me about the other places.
You know there were other places."
The physical torturing of a witness or an accused party is an
ancient tradition. Inflict pain on an individual and you are likely to get a
confession. These techniques are the modern-day equivalent of physical torture
and, like their ancient antecedents, they also work with a high degree of
predictability. Our founding fathers presumably ensured (in our Constitution)
protection from such tactics for all Americans. Unfortunately, there appears to
be some loopholes in that these torture techniques are still being utilized.
Involvement with Parents — The Accused and the Accuser
Typically, these evaluators see little or no need to interview the accused.
In fact, I have come across some who
actually believe that it is illegal to interview the accused. This requires a
delusional misinterpretation of the US Constitution. Although the accused has
the right not to speak to the accuser (whether in a court of law or under
any other circumstances), this does not mean that the accused cannot speak
to the accuser if he or she wishes to. Most accused individuals (especially
those who are genuinely innocent) are most eager to confront their accusers.
Yet
these accused individuals are often deprived of this constitutional right.
There
are validators who, after interviewing only the child, unashamedly write in
their reports that the child was abused and name the accused without ever
having interviewed or even spoken to him (her).
Generally, these evaluators do not even conduct detailed
inquires with the adult accuser (most often the child's mother). They take at
face value her accusations and do not consider the possibility that they may be
fabricated or delusional. Rather, they do the opposite, namely, take any shred
of information that might support the conclusion and use it in the process of
"validation." As mentioned, they will consider normal childhood
behaviors as manifestation of sexual abuse, e.g., nightmares, bedwetting, temper
tantrums, mood swings, and, of course, masturbation. The mother's report of
these occurrences, serves to confirm that the child was indeed abused. And the
validator becomes even more convinced that the abuse took place when the child
exhibits in the office what are traditionally considered to be
psychopathological manifestations. Rather than look into other possible sources
of such problems in family life — sources unrelated to sexual abuse — they
immediately come to the conclusion that these behavioral difficulties are the
direct result of the sex abuse. (As mentioned, every symptom in the diagnostic
manual has been listed as a possible result of sex abuse. Accordingly,
everything now fits together and the abuse is "validated.")
There are a number of ways in which interviewing the accused
could be useful in such evaluations. These not only involve interviewing the
accused alone, but also interviewing the accused in joint sessions with the
accuser, the alleged victim, and all three together. This is the best method for
smoking out the truth. Family therapists know this well, but these examiners
seem to be oblivious to this obviously useful technique.
The argument that the child might be traumatized by such a
confrontation is not an excuse to preclude its utilization entirely. First,
examiners should have the freedom to decide whether or not such joint interviews
would do more good than harm. By automatically precluding involvement with the
accused, this option is not utilized. Furthermore, although such confrontations may
be psychologically traumatic to the child under certain circumstances, one must
also consider the psychological trauma to the accused of a false accusation.
It
can result in a completely ruined life and/or years of incarceration. These
rights of the accused are rarely considered by these examiners. On many
occasions I have been asked to interview a child — and only the child — and then
make a decision regarding whether or not the child has been sexually abused.
I
have never accepted such an invitation. Before involvement in the case I
make every attempt to obtain a court order in which all three parties are
required to participate (the accuser, the accused, and the alleged victim) both
individually and in any combination that I consider warranted. This does not
automatically involve a joint interview with the alleged victim and the accused,
but it often may. In either case I must be given the freedom to make that
decision.
Why Do These People Do It?
Obviously, there are a wide variety of individuals who serve
as validators. Equally obvious is the fact that for each person there are a
multiplicity of factors operative in this career choice. There are also many
factors involved if one is to explain why these individuals function as they do.
No one person will fit into all of the categories mentioned below; however, I am
convinced that each of these explanations is applicable to at least some of the
individuals who serve as validators.
Impaired Educational Background
There is no question that we are witnessing a progressive
deterioration of educational standards throughout the United States. Although
there are certainly areas in which things have improved in recent years, there
is no question that there are more areas in which things have degenerated — so
that the overall picture is much more in the direction of downhill than uphill.
The erosion of standards has occurred at just about every level from
kindergarten to graduate school. No one can deny that there has been a
deterioration of public schools in the last 25 years, certainly in the
large cities and probably in suburban and rural communities as well. One
compelling verification of this (if one needs it) is the progressive
deterioration of Scholastic Aptitude Test (SAT) scores. But the numbers here do
not reflect the full story. The test has progressively become easier.
Accordingly, if the test were as rigorous as it was in the past, the deterioration would become even
more apparent.
People who work as validators are products of this eroded
educational system, at all levels, and this weakness in their educational
foundation is reflected in their work. A good education, if anything, should
provide individuals with common sense. Validators, above all, lack common sense.
In fact, I put that as the number one item on the list of their deficiencies.
One has to lack common sense if one is to believe the preposterous things that
they accept as valid in order to justify their conclusions.
There was a time that one had to be bright in order to get
into most colleges. This is less often the case today and there are, without
question, many validators who are not particularly intelligent — even though they
may have a college and/or university education. People who are less intelligent
are less likely to have common sense. However, sometimes this can be rectified
(to some extent) by academic work that focuses on the capacity for logical
reasoning. Courses in logic, mathematics, physics, and chemistry can most likely
do this (for those who are intellectually competent to handle these
disciplines). In a less direct way, just about any good college course
(including the arts) should involve a certain amount of logical thinking. What
is clear is that many of these validators lack both the basic intelligence
and/or the educational exposure that might have provided them with common sense.
When I was in medical school, our professors would frequently
say to us: "Remember this: The most likely things are most likely."
At
first, I thought the warning was both inane and unnecessary. As time went on,
however, I came to appreciate the great wisdom in this seemingly absurd
statement. The admonition was most often applied to situations in which a
medical student would diagnose a patient as having the rare tropical disease
that he (she) had read about just the previous night. This was often done in a
state of exultation associated with the pride at having made such a brilliant
diagnosis. The professor, often trying to avoid putting the student down, would
say something along these lines: "It looks like common viral gastroenteritis
to me" or "It looks like the garden variety of
bacterial pneumonia to me." The reality of the world is that the most
common things are most common and that one does well to remember this.
Validators seem to be oblivious to this ancient and obvious
wisdom. Rather, they go in the opposite direction and consider as valid the most
unlikely and even preposterous possibilities. One does not need a Ph.D. in
advanced mathematics to recognize that the likelihood of a nursery school
teacher undressing 50 three-year-old children (in order to involve them when naked
in a sex orgy), and then dressing them all quickly, is not very likely to end up
with every child wearing the exact same socks, shoes, underwear, dresses, pants,
shirts, hats, and coats as they came in with. Two parents with two children have
enough trouble accomplishing this goal. One adult with 50 children has an
infinitesimal chance of accomplishing this, but these examiners conclude that
pedophilic nursery school teachers can indeed do this — so skilled and cunning are
they in their techniques.
Every parent knows that the best way to get a three-year-old
child to say something to another person is to preface the message with: "I
want to tell you a secret and I want you to promise me that you'll never tell
anyone." This is the most predictable way to get the message into the pool
of public information. Yet, these examiners believe that one can do this with a
whole class of children and be confident that they will never breathe a word of
their experiences to their parents or anyone else.
There are three classes of people who believe that one can
accomplish this goal of group secrecy by three year olds: 1) psychotics 2)
retardates 3) zealous validators. The rest of the world well appreciates that it
is unreasonable to expect three-year-old children to involve themselves in
conspiracies of silence, especially with regard to dramatic experiences (such as
people dressed as clown, monsters, etc., engaging the children in sexual
intercourse, putting swords up their rectums, and feeding them feces). These
examiners do not seem to appreciate that it is not very likely that one can feed
feces to a group of children, make them drink their urine, and expose them to a
variety of other painful and frightening indignities and yet, only minutes
later, get them to skip happily out of the classroom without a speck of feces on
their lips or a drop of urine on their tongues.
When presented with this argument, validators claim that the
children have been frightened into secrecy by threats of body mutilation,
murder, etc. This too is an absurd rationalization. Let us forget, for the
moment, the failure to find these mutilated bodies with which the children were
threatened. The idea that the whole group could be frightened into
silence is absurd. Perhaps a few, but not all of them for the extended
period between the alleged abuse and its divulgence. In fact, one could argue
that frightened children would be even more likely to reveal quickly what they
have been allegedly exposed to.
The Holier-Than-Thou Phenomenon
Many readers have seen the common bumper sticker: "I
brake for animals." There is a holier-than-thou message being transmitted here.
The implication here is
that the driver of the vehicle bearing this message is a kind of individual who
stops for animals and that others are less likely to do so. The message
communicates to the reader in the car behind that he (she) should be ever on the
alert for a sudden stop by the car ahead and that the driver in front is likely
to be stopping short quite frequently. "Keep your foot close to the
brakes," it says, "because you never know when you'll have to stop
short. You don't have to worry about this when you follow other cars, because
they're not driven by the kinds of deeply caring people who are sensitive enough
to brake for animals." I have had the thought that, if I had the
opportunity, I would ask such individuals if they brake for human beings. The
same phenomenon is exhibited by politicians who claim proudly and
sanctimoniously that they are fighting for the homeless, the elderly, the poor,
and children who are abandoned. The implication is that their opponents are
against these individuals.
Validators often manifest this patronizing attitude. They-unlike the rest of us-are there to protect children.
They — unlike the rest
of us — "believe the children." The implication here is that those who
do not believe the children (like the author) are somehow low-life characters
who are exposing children to the sea of abusers, who are ever ready to pounce on
their prey. It provides these examiners with a feeling of special importance,
which likely serves to compensate for basic feelings of inadequacy. If one
basically feels competent about oneself, if one basically has a strong sense of
self-worth, one does not have to go around looking down one's nose at others.
One does not have to go around putting up signs, waving banners, and exhorting
one's superiority over others.
The same phenomenon, in a more subtle way, is exhibited by
many clinicians in the mental health professions who pride themselves on their
"respect" for children. They, unlike the rest of us, are really sensitive
to children's thoughts and feelings. They, unlike the rest of us, listen
very carefully to what children are saying and have the deepest respect
for their
wishes. In the precious atmosphere of their offices, they provide the child with
"unconditional positive regard" and reflexively "respect"
every thought (no matter how outlandish) and every feeling (no matter how at
variance with reality) that teachers, parents, and other insensitive individuals
do not provide. These same "therapists" may reflexively support the
child's position in any difference he (she) may have with the parents, again in
the service of respecting the child's position. When this attitude on the
therapist's part is carried into a sex abuse evaluation, it contributes to the
development of false sex abuse accusations. And, when carried over into the
treatment of a child who is not sexually abused, it can contribute to the
child's delusion that such an event did occur. Competent and sophisticated
therapists know well that true respect for children is not complying with what
they say they want but with what they really need.
I suspect that some readers (especially those whom I have
criticized) would consider me to have exhibited a holier-than-thou attitude
throughout the course of this book. I do not deny that one might easily come to
this conclusion. However, in my defense, I believe that it is important to
differentiate two types of criticism, namely, that which is justified and that
which is unjustified. One could argue that every criticizer is exhibiting a
holier-than-thou attitude toward the person being criticized. Whatever the
criticism, no matter how constructive, has within it the implicit message that
the criticizer is superior to the person being criticized. The criticizer is
basically saying that he (she) acts in a superior way, knows better, and feels
it incumbent upon him (her) to communicate the corrective measures to the
criticized individual so that he (she) can mend his (her) ways and be a better
person. And this holds even when the criticism is completely justified and even
when the rectification of the criticized person's deficit(s) would be a boon to
the world.
It is important to differentiate between criticisms that are
warranted and those that are unwarranted. People who have bumper stickers saying
"I brake for animals," people who wave the banner "Respect the
children," and those therapists who proudly proclaim that they
"respect" their child patients are in this second category. People in
this category more justifiably warrant the holier-than-thou epithet. The
important question for the reader of this book should not be whether I warrant
the holier-than-thou label, but whether the criticisms I am making are valid and
whether the changes that could result from their implementation are desirable.
The Erosion of Values
Most would agree that we have witnessed in the last quarter
century a progressive erosion of values in the United States (and probably
western society at large). Evidence of this deterioration is to be found
everywhere. Crime rates (with isolated exceptions) are ever soaring.
Drug abuse
is ubiquitous. Prisons in most states are overcrowded and cannot accommodate the
ever increasing flow of convicted criminals. Many are released into the street
before the completion of their sentences in order to accommodate the new wave of
inmates. In large cities automobile theft, mugging, and other "minor crimes" are so commonplace that they
receive little if any attention by the police, and the perpetrators rarely are
meaningfully punished. Church boxes are pilfered, subway turnstiles are jumped
over, garbage is strewn on streets, and human beings evacuate in public. Teachers are ever cutting corners, less homework is given, school vacations are
longer, college admission (with rare exception) easier, and handling in other
students' written work ever more common. Plagiarism among faculty people (even
in the most prestigious universities) is becoming increasingly commonplace.
And
the probable increase in genuine child sex abuse in the intrafamilial situation
is another example of this psychopathy. (The reader does well not to forget that
I believe that bona fide sex abuse does indeed take place and is indeed
ubiquitous and may even be on the uprise.) I could go on and on and the reader,
I am sure, could provide his (her) own examples.
One (of the many) manifestations of this moral erosion has
been the progressive insensitivity of people to one another. The Golden Rule has
essentially become a quaint anachronism. It is all right for clergymen to tell
children in Sunday school that they should treat one another as they themselves
would like to be treated, but it is another thing to seriously implement this
wisdom in the reality of the adult world.
Many factors have been operative in producing this state of
affairs. Parental modeling plays an important role in children's development of
sympathy and empathy (which are directly related to the ability to put oneself
in another person's position). The increasing popularity of day-care centers
(their value and justification notwithstanding) deprives children of the kind of
intimate involvement with biological parents from which values develop. No
matter how dedicated the caretakers at these centers, no matter how educated
they may be, they cannot provide the same kind of loving concern as a biological
parent. (Elsewhere [1988] I describe this in greater detail, especially with
regard to a solution to this problem which would not involve condemning mothers
to return to the home to merely cook and change diapers.) Violence on television
and in the cinema is ubiquitous. Most often, little or nothing is portrayed
about the pain suffered by the victims of such violence. In the 1960s and 1970s
during the days of the "me generation," books which emphasized the
point "think of number one" often become best sellers.
Evaluators who conclude that the vast majority (if not all)
of the children they see have indeed been sexually abused are likely to have a
defect in their capacity to place themselves in the positions of those who
suffer from their decision. There is an element of psychopathy apparent in a
person who would see a three-year-old child for a few minutes and then write a note
stating that a particular individual (the father, the stepfather, a nursery
school teacher) sexually abused that child. It takes a defect in the mechanisms
of conscience to do such an abominable thing. One must completely ignore the
effects of such a statement on the alleged perpetrator, effects which may
include psychological devastation, destruction of one's lifestyle, and years of
incarceration. This is what the "me generation" has wrought.
Interestingly, religious fundamentalism is most often (but
certainly not always) a manifestation of moral erosion. I recognize that this
statement may come as a surprise to some readers, but it is nevertheless a
reality. The more the religious fundamentalist attempts to impost his (her)
religious beliefs on others, the less sensitivity the religious zealot has for
the person being converted. The examples are legion: Christ's crucifixion, the
annihilation of the anti-church Albigensian sects in the thirteenth century, The
Crusades, the Spanish Inquisition, the numerous religious wars in Europe between
the Protestants and the Catholics, and (to skip quickly many such wars and bring
us up the the present) the conflicts between the Shiite Moslems and the more
moderate Islamic sects.
When religious fundamentalism ignores the wishes, ideas, and
feelings of other human beings, it is psychopathy masked as religiosity. It is
no less a manifestation of moral erosion than the more overt examples cited
above. The recent upsurge in religious fundamentalism in the United States may
very well be a backlash to the sexual revolution of the 1960s and 1970s (Miller,
1990). Those in the movement who focus on sex have a convenient vehicle for
their condemnation in the form of sex abuse validation. The goal of publicly
humiliating and incarcerating every "pervert" can only be reached if
there is a significant defect in conscience and a suspension of the very
morality which the religious proselytizers and purifiers proclaim to hold in
such high esteem.
Sex Abuse Victims
All career choices are determined by psychological factors
and even psychopathological factors — and the people who choose sex abuse work are
no exception. I believe that people who have been sexually abused themselves in
childhood are much more likely to enter this field than those who have not had
such childhood experiences. I
believe that if one were to compare the frequency of childhood sexual
molestation in a thousand sex abuse workers with three to four matched groups of
workers in unrelated fields, the percentage of sex abuse workers who were sexually molested as children would be
significantly higher than the percentages in the other three to four groups.
The
sex abuse field was attractive to those who were molested because it provided
them with the opportunity for working through in many complex ways residual and
unresolved reactions to their early traumas. I am not claiming that these factors
necessarily operate at conscious levels (but they may), nor am I claiming that
the processes are necessarily pathological (but they may be).
The phenomenon is no different from the factors that operate in just about any other field.
To begin with my own field, many people choose
medicine because they have grown up in a home with a parent who has suffered
with a chronic illness. They may deal with this childhood trauma by devoting
their lives to the treatment of others with that particular disorder or to the
search for a cure for the parent's illness. Many choose psychiatry or psychology
because they hope to gain understanding and even help for their own problems.
People who frequently consider themselves to be put upon or victimized may
choose law as a vehicle for protecting themselves and others from such
persecutions. People who grew up in poverty may aspire to be (and even become)
philanthropists. When they give to others they are basically giving to their
projected selves. In all of these examples there is a range from the
nonpathological to the pathological psychodynamic factors, and each person's
balance lies at some point along the continuum.
Among the sex abuse workers who have been sexually molested
as children, there are many who use their career experience in healthy ways in
their work — much to the benefit of abused children and their families. They
have been there, they know what it's like, and they can provide a degree of
sympathy and empathy not often possible for one who has never had the
experience.
But there are others in this group for whom pathological
factors are clearly operative in their work with patients — factors that may
becloud their objectivity. Some of these individuals harbor significant
resentment against the original perpetrator, resentment that may not have been
completely dealt with properly. They vent their pent-up hostility on present-day
offenders in a work setting that provides sanctions for such pathological
release. And some of these workers operation on the principle that there will
never be enough perpetrators to punish, so great is their desire to wreak
vengeance on those who sexually molest children. Concluding that an alleged
perpetrator is indeed innocent deprives them of their vengeful gratification.
It is this subgroup of sex abuse workers who may work with exaggerated zeal to prosecute alleged abusers and
resist strongly the idea that some alleged offenders are indeed innocent. They
often adhere tenaciously to the position that child never fabricate sex
abuse. They must blind themselves to the aforementioned developments in recent
years that makes this notion an anachronism. Such zeal and denial has
contributed significantly to the sex abuse hysteria that we are witnessing at
this time.
Furthermore, when these people treat sexually abused
children, they can gratify vicariously the desire to treat their projected
selves. They are curing themselves of the residua of their sex abuse by curing
children who have been so afflicted. Again, this may be a normal, healthy
mechanism for some who have been genuinely abused. However, if one has to
diagnose normal children as being abused and then subject them to years of
"treatment," then much psychological damage is being done and such
treatment is an abomination. It can destroy children. It can provide chronic
psychological trauma. Unfortunately, there are hundreds (and probably thousands)
of children in the United States today who are being subjected to such
"therapy."
I recognize that there will be some (especially those who
work with sexually-abused children) who will conclude that what I have just
stated is prejudice on my part and that I have no scientific evidence to support
my conclusions. I agree that I have no such studies to support my hypothesis and
that my conclusions are based on my own experiences as well as colleagues in the
mental health professions (some of whom, interestingly, work in the field of sex
abuse).
My view of people in my own field is no less critical. There
is no question that the field of psychiatry attracts some of the sickest people
in medicine and this is no doubt a factor in the reputation we have as being
"crazies." This phenomenon also serves as an explanation for the fact
that the suicidal rate among psychiatrists is highest of all the medical
specialities. Accordingly, if I am prejudiced against sex abuse workers I may
very well be considered to be prejudiced against people in my own field. However, one might also conclude that I am making accurate statements about both
fields.
I am not at all claiming that all (or even the majority) of
people involved in this field have been sexually abused as children. I am
stating only that they are more highly represented than other groups in the
population of sex abuse workers.
There are other psychological factors that may be operative. Involvement in this field provides the various kinds of sexual release described
earlier in this book, e.g. vicarious gratification, reaction formation, voyeurism.
Many can gratify "savior syndrome" personality qualities. They devote
themselves to protecting children from perverts who are to be found everywhere:
among divorcing fathers, in nursery schools and day-care centers, in the
streets, in parks, and in pick-up vehicles. It's a dangerous world out there for
children, with sex perverts hiding under practically every stone and lurking
behind practically every tree. There is much work to be done protecting these
children, and these workers have joined an army of heroes who are devoting
themselves to their salvation. Is there a more noble way to spend one's life?
Can there be a higher cause to which one can devote oneself?
Over-Zealous Feminists
Although I am basically in sympathy with the aims of the
feminist movement, feminists (as is true of all groups) have their share of
fanatics. Some of the latter have jumped on the sex abuse bandwagon because it
provides a predictable vehicle for venting hostility toward men. These
individuals also subscribe strongly (and even fanatically) to the position that
children never lie and that any allegation of sex abuse must be true.
Some of these women were subjected to cruel treatment in childhood by their fathers and other men.
Some in this category have
generalized from their childhood experiences and assume that all men will be
equally abusive to them. Some carry with them a lifelong vendetta and have
embarked upon a campaign of vengeance which will involve the destruction of
every man who has the misfortune to cross their path and whom they have the
opportunity to destroy.
These women gravitate toward becoming validators as iron to a
magnet. It is the perfect profession for such fanatics. There is a minimum of
effort and with complete social sanction (after all one is involved in the
worthy cause of incarcerating perverts), they can humiliate, destroy, and
incarcerate one man after the next in rapid succession.
Monetary Gain
A whole power structure has grown up in which an army of
prosecutors, detectives, investigators, and others rely on a continual stream of
positive findings and convictions if they are to justify their ever-increasing
demands for more funds from legislatures. In the private sector, as well, there
is money to be made in the field.
I have already mentioned the sea of hungry lawyers who are looking for clients and who are happy to take on any
kind of litigation, no matter how preposterous. There is also a sea of
hungry
mental health professionals (psychiatrists, psychologists, social workers,
pastoral counselors, nurse practitioners, family therapists, and a whole group
of so-called "therapists") who are happy to have anyone's business, no
matter how preposterous the reason for seeking consultation and treatment.
Accordingly, there is big money to be made in the diagnosis and treatment of sex
abuse. It is indeed a growth industry.
The validators, then are only one part of this network in
which they all need one another if they are to take their share of the money pie
that has been made available by an hysterical society to support the system.
Many of the validators fear (with justification) losing their jobs if they
conclude that too many of the investigated clients are innocent or the charges
unsubstantiated.
Concluding Remarks
The net result of all of this is that we have here a no win
situation for individuals accused of sex abuse. In the hand of many of these
validators, no one is innocent. Everyone is found to be guilty. They operate
with impunity. False accusers are protected in most states from lawsuits
involving slander and libel. I suspect that these "protective" laws
are unconstitutional in that they deprive the accused of the opportunity for
direct confrontation with the accuser, a right that is provided by the Sixth
Amendment of the U. S. Constitution. In many states the accuser does not even
have to mention his (her) name to the reporting authorities and will merely be
recorded as "anonymous." Yet, an investigation is embarked upon on the
basis of the anonymous call, and people have even been jailed as a result of
them.
Our founding fathers knew well the terrible indignities and
injustices suffered by innocent victims of the European inquisitorial system of
adjudication. Hundreds of thousands (and possibly millions) were convicted of
crimes they never committed by accusers and witnesses whose identities were
unknown to them. It is clear, at
least in the realm of child abuse accusations, that we
have not advanced beyond those horrible times as far as we would like to
think. I know of no falsely accused person who has
instituted a lawsuit against a government agency that has
utilized such anonymous witnesses as a source of information contributing to the
individual's conviction. My hope is that such lawsuits will be instituted and
that at least one such case will ultimately come to the attention of the U.S. Supreme Court.
The use of anonymous witnesses must be unconstitutional.
To the best of my knowledge, malpractice suits against these
validators have not been common. We would all be better off if there were some
well-publicized malpractice suits against such individuals. Such suits might
have a sobering effect on the field. Unfortunately, they are practicing at the
same level of competence (more correctly, incompetence) as
their peers and so do not satisfy an important criterion
for malpractice, namely, that the individual's level of practice is far below
what is considered standard for peers at a similar level of training and
experience. We are left, then, with a situation in which craziness is considered
normality.
Last, I wish to repeat that I recognize there are many
evaluators who are extremely skilled and sensitive and who do not manifest the
deficiencies described here. I recognize, as well, that evaluators, like all
other people, exhibit a range of expertise from the most incompetent and
defective to the most skilled and insightful. I have focused here on the most
common deficiencies exhibited by the most seriously impaired evaluators and am
fully appreciative that there are many readers who do not operate at this low
level of professional competence. My hope is that readers who react by becoming
offended and thereby reject totally all that I say here will reconsider their
position and give serious consideration to the possibility that I may be making
some important points that may be useful to them. If they can overcome this
initial rejection of what I say, they might find here some useful principles and
techniques.
References
Gardner, R. A. (1986). The Psychotherapeutic Techniques of Richard A.
Gardner (). Cresskill,
NJ: Creative
Therapeutics.
Gardner, R. A. (1988). Psychotherapy With Adolescents (). Cresskill, NJ:
Creative
Therapeutics.
Legrand, R., Wakefield, H., & Underwager, R. (1989).
Alleged Behavioral Indicators of Sex Abuse. Issues in
Child Abuse Accusations, 1(2), 1-5.
Miller, R. (1990). Personal communication.
Murray, H. (1936). The Thematic
Apperception Test ()(). New York:
The
Psychological Corporation.