The Christchurch Civic Creche Case

News Reports Index

2003 Oct-Dec



New Zealand Law Journal
October, 2003
pages 389-392

In response to Emma Davies and Jeffrey Masson
Felicity Goodyear-Smith, MBCHB FRNZCGP MGP

Felicity Goodyear-Smith, the University of Auckland responds to criticism of A City Possessed at [2003] NZLJ 315


Both Hood and the Masson and Davies article rightly agree that “Just how widespread is child sexual abuse, and just how serious are the consequences?” are crucial questions.

Hood reviews some of the studies that have assessed these questions, with wildly varying results. She concludes “All estimates of the prevalence of child sexual abuse are contaminated by unknown and unknowable levels of under-reporting and over-reporting” and “child sexual abuse happens. It may or may not cause lasting harm. The long-term effects are difficult to determine because traumatic sexual abuse usually occurs in association with other detrimental childhood factors”. Masson and Davies take issue with her conclusion that “we don’t know” the true prevalence of child sexual abuse nor the chance of long-term harm from such abuse.

They refer first to David Finkelhor’s review of prevalence studies (Finkelhor, 1994) which found prevalence rates for women between 7 per cent and 36 per cent. In fact, this variance high-lights the problem of estimating how often child sexual abuse (CSA) occurs. Comparing studies is problematic, because studies use no standard definition of ‘child’ (may be under the age of 12, 14 or 18) ‘sex’ (for example, some studies might include a hug or kiss from a relative that a child decided was ‘yukky’, even if the adult’s intent was not sexual) or ‘abuse’ (may involve only acts of physical contact, or may include non-contact abuse such as witnessing ‘flashing’ or viewing pornography) and many do not define ‘child sex abuse’ at all.

Furthermore, use of Finkelhor as an authority on prevalence is surprising. Finkelhor was lead author of a book on sexual abuse in child care centres (Finkelhor et al, Nursery Crimes, 1988). This book identifies the major part the Californian McMartin Preschool case played in ‘uncovering’ other cases of sexual abuse in day care centres throughout the 1980s, with two-thirds of victims being ritual-abuse cases. Finkelhor classifies the McMartin case as “substantiated”, involving more than 300 victimised children and multiple abusers engaged in systematic ritualistic bizarre abuse of children. In fact, exhaustive investigations revealed no evidence to substantiate any of the charges, apart from the testimony of children who had undergone extensive ‘disclosure interviews’. Analysis of the interview videotapes demonstrates that the repeated highly suggestive questioning, combined with rewards (stickers, food, praise) for ‘disclosures’ and punishment (calling them liars or preventing them leaving until they ‘told’) were major contributing factors in the false reports eventually elicited from the children (Garven et al 1998). A record-breaking $15,000,000 trial eventually resulted in all defendants acquitted.

The McMartin Preschool and the Christchurch Civic Crèche cases have remarkable parallels. Both started with a child attending the centre presenting with a problem considered by a parent to be an indicator of sexual abuse. There followed meetings of anxious parents and intense involvement of social workers, counsellors and the police. In both cases, none of the children interviewed made any disclosures of abuse. The children’s denials were not believed. It was only after weeks of repeated interviews that some of the children began to talk about abuse, with allegations that became increasingly extreme and bizarre as interviews progressed. In both cases, allegations progressed to involving the child care workers subjecting children to rape, anal, oral and group sex; making children drink urine and eat faeces; naked circle games; placing children in cages, tunnels or burying them in boxes, and making child pornography. In both cases a parent or parents believed that ritualistic cults were operating in the centre. A parent of one of the key complainants in the Christchurch case requested the police bring Pamela Hudson, an American ‘satanic ritual abuse’ expert, to New Zealand to assist in the inquiry (NZPA, Dec 1992),. She said her son had described incidents involving all sixteen of Hudson’s “indicators” of satanic abuse, including being suspended in cages, participating in sacrifices, and ‘circle’ rituals. (McLoughlin, 1996) Extensive investigations of over 12,000 reported accusations of satanic ritual abuse in the USA (Lanning, 1991), (Goodman et al, 1994) and similar investigations in Britain (La Fontaine, 1994) have found no substantiation of the occurrence of such ritualised abuse.

The difference between the McMartin and the Christchurch Crèche cases is that in the former, all the accused were eventually cleared by the courts of any abuse.

For prevalence figures, Masson and Davies also rely on Diana Russell’s findings that “28 per cent of the 940 women reported at least one experience of sexual abuse within the family before the age of 18”. They describe Russell’s results and methodology as “compelling”. However this 1978 study of 930 San Francisco women has significant flaws. Subjects were accessed using a public opinion-poll organisation providing a “probability sample of households” without the randomisation method being described in the paper. (Russell, 1983) Door-knocking interviewers recorded a 50 per cent refusal rate. Data are based on retrospective self-reporting of consenting women during lengthy interviews. Sixteen percent reported experiences of intrafamilial abuse ranging from “unwanted but non-forceful kissing” to “forcible rape” under age 18, with 3.7 per cent reporting “very serious” abuse as described by Masson and Davies. The significant study weaknesses limit the generalisability of such data to the general New Zealand public.

Data from David Fergusson’s Christchurch Health and Development study, which has followed a cohort of over 1000 children born in Christchurch in 1977, is certainly more reliable and representative information relevant to the New Zealand population. At age 18, 10.4 per cent of the 1019 subjects reported unwanted sexual experiences prior to sixteen, ranging from leering and suggestive comments to intercourse. (Fergusson et al, 1996). Family members were perpetrators in 23.5 per cent of cases (2.5 per cent of the cohort).

Masson and Davies use Fergusson’s data to support their claim that Miriam Saphira’s figures “are not so far from academic figures as Hood’s book would lead us believe”. The much-publicised Telethon claim “One in four New Zealand girls are sexually abused before they turn 18. Half of them by their own father” (Telethon advertisement, 1988) was based on figures promoted by Miriam Saphira (Saphira, 1981)

However, while Fergusson found that 23.5 per cent of cases were perpetrated by family members, overwhelming these were not natural parents, who were only 1.5 per cent of perpetrators. Two of the 1019 (<0.2 per cent) were sexually abused by a natural parent, and seven ( <0.7 per cent) by step-parents. These data suggest perhaps one in 500 children sexually abused by a natural father, not the one in eight suggested by the Telethon advertisement.  [Note A]
 
Masson and Davies’ analysis on the effects of CSA is similarly problematic. They claim that “Child sexual abuse has been linked to suicide, depression, psychiatric admissions, drug abuse and eating disorders”, failing to appreciate that association does not mean causation. Because two things are associated, this does not mean that one causes the other. Specifically if there are two phenomena, ‘A’ and ‘B’, they may be related in four different ways: A is not associated with B in any way; A causes B; B causes A; or both A and B are caused (or predisposed to) by some independent factor, C (Pope & Hudson, 1995)

As an example of the latter, when acquired immunodeficiency syndrome (AIDS) was identified in the 1980s, it was more likely to be found in homosexual men who used inhaled nitrates. Investigators wondered whether nitrate use caused AIDS. However subsequent research discovered that AIDS was caused by infection with the human immunodeficiency virus (HIV), and that homosexual men who used nitrates were also more likely to engaged in certain risky sexual behaviours (unprotected anal intercourse). The association between nitrite use (A) and AIDS (B) was therefore not a causal relationship but due to a confounding factor (C) - specific sexual practices (Vandenbroucke & Pardoel, 1989)

Masson and Davies correctly identify that there is a huge body of literature “on the sequelae of child sexual abuse”. However very little of this is rigorously conducted epidemiological research. Many studies have serious sampling biases and other methodological flaws. This topic has previously been addressed in the NZLJ (Goodyear-Smith, 1999)

For example, the scientific literature reveals no causal association between CSA and eating disorders. Neither controlled nor uncontrolled studies of bulimia nervosa found higher rates of CSA than those found in studies of the general population using comparable methods. Current evidence does not support the hypothesis that CSA is a risk factor for bulimia nervosa or other eating disorders (Pope, 1994); (Pope & Hudson, 1992); (Vogeltanz-Holm, 2000). A recent meta-analysis (synthesising and statistical pooling studies) concluded that CSA did not emerge as one of the possible risk factors for developing an eating disorder (Stice, 2002)

A meta-analysis of non-clinical population studies concludes that CSA has no inevitable adverse outcomes. Although most studies show that, on average, young adults with CSA are less adjusted than their peers, the statistical explanation is overwhelmingly due, not to the CSA, but to other negative aspects of their family environment (explaining nine times the amount of variance than CSA) (Rind & Tromovitch, 1997). In other words, in most cases psychological problems in adulthood can be attributed to other confounding adverse factors, not sexual abuse.

This is in line with New Zealand studies. The Otago Women’s Health Survey Child Sexual Abuse study found that in most cases, negative effects of CSA could be explained by the family and social context from which it emerged, although the most severely abused showed an increased risk of psychopathology even when they came from advantaged backgrounds. The effect of CSA does appear to be dose-dependant, with increased risk of long-term sequelae with very severe forms of sexual assault. (Mullen, 1993); (Mullen et al, 1993). Women reporting CSA did have a higher rate of psychiatric disorders, especially depression, as adults compared to a non-abused population, but the researchers warn against “overestimating the contribution of childhood abuse in general, and sexual abuse in particular, to explaining mental health and interpersonal difficulties in our community”. They concluded that the contribution of any form of childhood abuse to the variables they studied (psychopathology, sexual difficulties, decreased self- esteem or interpersonal problems) was extremely modest, only 1-5 per cent of the cases. (Mullen, 1996) Those people predominantly came from disadvantaged homes (most subjects reporting CSA who had developed problems had concomitant histories of family violence or emotional neglect). In many cases the apparent association between CSA and adult problems “was accounted for by this matrix of childhood disadvantage from which abuse so often emerged” (Mullen, 1996).

Fergusson similarly found that those reporting CSA had an increased rate of depression, anxiety, substance abuse, disturbed behaviour or attempted suicide than those not reporting sexual abuse, but after adjusting for the  confounding factor of family dysfunction, a maximum of 10-20 per cent of the risk of psychiatric disorder in young adults could be accounted for by exposure to CSA (Fergusson et al, 1996)

While Masson and Davies criticise Hood for not using the newest publications available, they appear similarly selective in the research they quote. Instead of referring to the more recent meta-analysis (Rind & Tromovitch, 1997) and findings from the Otago (Mullen, 1996) and Christchurch studies (Fergusson et al, 1996); (Fergusson et al, 1996), they rely on a 1993 review. This paper is based on clinical and legal cases with inherent sample biases and therefore cannot be assumed representative of the general population (Kendall-Tackett et al, 1993). Again, this reference is the work of Finkelhor and Williams, and includes child care cases with alleged satanic ritual abuse.

When ascribing causality, the association between the causal experience and the putative results must be obvious and large. It appears that just as a history of CSA is not necessary for the development of any particular psychiatric or adjustment disorder as an adult, only a minority of people exposed to CSA develop any diagnosable problem (Laidlaw et al, 2001). CSA is not to be condoned: it is both illegal and morally repugnant. Fortunately, however, most children are resilient, while a few are vulnerable and develop a wide range of idiosyncratic and unpredictable psychological problems. There are no reliable ‘behavioural indicators’ of CSA.

Masson and Davies berate Hood for challenging Summit’s paper on the process of disclosure of child sexual abuse, the Child Sexual Abuse Accommodation Syndrome (CSAAS) (Summit, 1983). Summit claimed that sexually abused children typically exhibited this syndrome, with the helplessness and secrecy about their abuse resulting in children ‘accommodating’ with delayed, conflicting and unconvincing disclosures and later retractions.

This led to children’s denial or recanting being considered as evidence of abuse. A ‘heads I win, tails you lose’ approach, this means that both a child’s admission and denial prove that abuse has occurred. In 1992 Summit published that CSAAS was based solely on his clinical impressions not research-based; that it should not be used in diagnosis; that it was not a syndrome but rather a pattern he had observed, and it that should not be used in court. (Summit, 1992) Despite this caveat, CSAAS was frequently used in courtrooms to explain why children believed to have been abused would deny it. This includes its implicit use in the Christchurch Crèche case. Masson and Davies appear unaware that Summit himself warned against courtroom use of CSAAS.

The ‘recovered memory’ phenomenon was based on the same premises of high prevalence. Problems in adult women (such as eating disorders, depression, relationship difficulties to psychosis) were thought likely to have been caused by CSA. In the late 1980s and 1990s it was believed many women had ‘repressed’ memories of these events and a variety of hypnosis-like techniques (for example, guided imagery) were used to help women recover their memories in therapy. A book by Masson lent weight to this theory (Masson, 1984). During the early development of his ‘talking therapy’, Freud wrote that almost all his adult female patients told him about sexual abuse by their fathers. Freud initially accepted the veracity of these stories, but later concluded that they were unconscious fantasies generated under hypnosis. Masson’s book claimed that Freud had recanted under pressure and that his initial statements regarding incest as the cause of his clients’ problems were correct. Of course, there is no way to know which of Freud's patients (none, some or all) were victims of incest or were victims of pseudo-memories generated through hypnosis. However Masson's book was used by promoters of recovered memory therapy to support their theory. The ‘bible’ of the recovered memory movement, the self-help manual ‘Courage to heal’ (Bass & Davis, 1988) used Masson’s explanation of how “Freud constructed the Oedipal theory as a cover-up for the truth of child sexual abuse” to support their views. ‘Courage to heal’ was followed by other books and workshops promulgating these beliefs.

While Davies may not have made a “public statement on recovered memory”, she, along with her partner John Read, and colleague Fred Seymour, wrote in response to a TVNZ programme that most recovered memories “do not occur within counselling” (Davies, Read & Seymour, 1997). Davies, Read and Seymour have also published that CSA “occurs with one in four girls” and give their opinion that the majority of children usually deny their abuse and will only describe it “over a number of interviews. ..full disclosure of sexual abuse is frequently a lengthy process, not a one-off event” (Davies, Read & Seymour, 1996)

In support of ‘recovered memory’ theory, Masson and Davies write “A well-designed prospective study showed that some sexually abused adults have periods in their lives when they do not remember being abused” (Williams, 1994). By Linda Williams, co-author with Finkelhor of publications quoted above, this study is commonly quoted as the best evidence supporting memory repression of CSA. Of 129 Afro-American women interviewed about CSA that had been investigated at a hospital emergency room 17 years previously, 38 per cent did not tell the interviewer about the alleged abuse. However, this study measures ‘not recalling’ rather than repression. There are many possible explanations for their non-recall other than repression: the reported abuse happened when they were too young to remember (over half were aged 0-6 years; 12 per cent under three years old); simple forgetting; choosing not to talk about the incident; or the original allegation was false (for a detailed critique see Goodyear-Smith, 1998).

While Masson and Davies appear to adhere to the concept of memory recovery and repression, there is considerable evidence that many cases emerged within the context of therapy. There is a huge body of scientific research demonstrating that false ‘memories’ can be generated through inappropriate use of hypnosis-like techniques. The dramatic reduction in ‘recovered memory’ cases from the 1990s to the 2000s supports the hypothesis that memory repression and ‘recovery’ through therapy was a phenomenon generated by these misguided beliefs and practices.

I agree with Masson and Davies that “a considerable body of experimental research has shown that young children can provide accurate recall of salient events” (Ceci & Bruck, 1993). However, there is also a considerable body of research, particularly by these authors, demonstrating that children can be led to make false reports they come to believe are true. Pre-school children are especially vulnerable to effects of suggestive and repeated questioning (Bruck & Ceci, 1999). They may internalise the false memories and resist debriefing. “Children's false statements can be convincing to professionals, who are unable to distinguish between the children's accurate and inaccurate narratives” (Ceci & Huffman, 1997).

Hood highlights the impact of the Evidence Amendment Act 1989 resulting in child complainants no longer required to appear in court in person. Masson and Davies outline their views on why videolink or screening is preferable. However facing your accuser in the courtroom has been one of the basic tenets of justice. There is no research to show that abused children are harmed by viewing the offender guarded in the dock from the safety of the witness box. Conversely, for non-abused children who are making false reports, seeing the real person may act as a reality check against the fantasised monster they have constructed in their heads.

The Christchurch Crèche case was not an isolated aberration. It happened because of the prevailing belief in a grossly inflated prevalence of CSA, coupled with a conviction that any behaviour problems in childhood, or psychological disturbances in adult women, are likely to be caused by CSA. Lists of wide-ranging ‘behavioural indicators’ of CSA (such as bed-wetting, nightmares, shyness, tantrums) were extensively promoted by New Zealand social workers, psychologists and doctors specialising in CSA in the 1980s and 1990s. Common teaching was that children are usually too scared to tell about CSA and may only disclose within the safety of an interview. Once suspicion of abuse had been aroused, children might be questioned many times, both informally by parents and formally by interviewers, before any allegations emerged. Both professionals and parents were instructed to always believe a child and praise them for telling about abuse. It was not acceptable to challenge a child on the veracity of a claim, no matter how improbable or even impossible it was that an alleged event could have occurred.

Masson and Davies are correct that estimates of the prevalence and effects of CSA are pivotal influences in the Crèche case. Hood has accurately identified that gross inflation of the extent and effects of CSA was a driving force in this case. Masson and Davies accuse Hood of minimising these figures; however the references they use to shore up this accusation are seriously flawed.

Challenging exaggerated statistics is not a denial of the reality of CSA and its potential harm. We all agree that CSA occurs; it is illegal and reprehensible, and that sufferers may develop subsequent psychological problems on occasion.

While Masson and Davies state “we cannot comment on the guilt or innocence of Peter Ellis”, Davies previously has not been so reluctant. In 1997 she stated in a press release complaining about a television programme on the Ellis case “One can only wonder what profound effect this biased programme has had on the families of the children abused by Ellis”, clearly expressing her view that Ellis is guilty (Davies, 1997)

Advocacy for the victim is another key element in promoting false reports. In the 1990s social workers, evidential interviewers, forensic doctors and the police were taught they must treat every sexual allegation as genuine. They should minimise distressing a complainant by avoiding critical examination of her testimony (Goodyear-Smith, 1996). A belief that false allegations do not occur, and that the role of a Crown expert witness is to be advocate for complainant, deemed ‘victim’ prior to the trial, is inconsistent with the impartiality demanded by the forensic role. However, the manual for doctors performing forensic CSA examinations instructed them to act as advocate for the child (Fancourt et al, 1994)

This perspective persists in the 2000s. Expert witness advocacy by Dr Zelas, key Crown psychiatric witness in the Crèche case, recently resulted in the Appeal Court quashing multiple child sex assault convictions (NZ Appeal Court, 2003).

The faulty assumptions underpinning investigation of sexual abuse cases and the systemic errors consequential to this, have resulted in cases of injustice not limited to the Christchurch Crèche case. This is why a Royal Commission of Inquiry is essential.


References

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[Note A].   21 October 2003
The NZ Law Journal paper incorrectly stated "not the one in two suggested by the Telethon advertisement"
This error has been corrected at the request of the author, Felicity Goodyear-Smith

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