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North and South |
1 |
The Spence Case |
|
Cover Page |
2 |
When |
|
Introduction |
3 |
When
|
4 |
On
Frontline, Jeff and Louise's doubts were echoed by British experts, who
slated the work of therapists on the ward, claiming they had asked leading
questions to manipulate the child's answers. |
5 |
Television
cameras recorded the Spences' relief when charges against them were dismissed.
Jeff Spence's denials, and his distress, were achingly sincere. The next day,
the outcry began. |
6 |
The
Spences went back to living the rest of their lives in working-class |
7 |
A
society newly asked to accept a massive incidence of child sex abuse within
its families, now had its own questions to ask: How could health
professionals be threatening the survival of families such as this on such
seemingly specious grounds? Who was to blame for the Spence story? How could
professionals be guilty of questionable behaviour? To whom were those
professionals answerable? And, most worrying of all, could any family with a
problem child suddenly face charges like these? |
8 |
In
all the outcry that followed, one remarkable fact emerged: the Spences, armed
against the inevitable worst that could happen, did not receive one offensive
phone call or abusive letter. |
9 |
Could this mean society has had
enough? |
|
|
10 |
LISELLE SPENCE is nearly six. She is
the dearly loved child of an extended family in which grandparents and aunts and
uncles play an active part. She is blonde and attractive to look at, and her
behaviour is at times beyond anyone's powers of endurance. Why that is so,
has defied experts for most of her life. |
11 |
Her
mother remembers puzzling that she never felt the child move before she was
born. Since her little brother Cory was born three years ago, Louise has had
several miscarriages, and wonders now if this has been because she was
carrying other daughters doomed to suffer from the disease that dominates
Liselle's life, tubrous sclerosis. The disease will
kill Liselle while she is still a young woman, and it means she must never
bear a child, because it would be severely retarded and probably die. |
12 |
Louise
first noticed that Liselle had fits when she was nine months old and started
crawling. By the time she was 14 months old, brain scans had revealed damage
to the left frontal temporal lobe of the child's brain, and experts decided
this was causing frequent epileptic fits. |
|
|
13 |
WHEN SHE was four, the Spences
took Liselle to |
14 |
One
child in every 100,000 suffers from tubrous
sclerosis. The Spences have read everything they can find in medical
libraries about it and consulted everyone who can help. They know that
Liselle is unlikely to live past 30, and that the disease will doubtless in
time affect her kidneys, heart, lungs and eyes. |
15 |
Parents
of normal children will never know what it is to live with the strain of a child
suffering from a fatal illness, whose behaviour varies from the frightening
to the bizarre, yet who is loving, too. |
16 |
Liselle's
condition calls for endless vigilance. At 14 months, she had five serious seizures
in one day. When she started to walk, she fell constantly because of
epilepsy, and sometimes she is gripped by Todd's paralysis and can't walk at
all. That can happen when she has had too many seizures. Despite constant
medication, she still has about three seizures a day. |
17 |
Jeff
and Louise have become experts on more than 60 types of seizure, ranging from
the innocuous to the alarming. Right now, Liselle's front teeth are missing
because they smashed against concrete in the midst of an attack. Fragments
had to be removed under anaesthetic. |
18 |
The
stress of this is constant and will not end. It is small wonder that Louise
has shaken the child and screamed at her to stop in the middle of a seizure. |
19 |
Since
Liselle was two and a half years old, the Spences have received a handicapped
child's allowance of $22 a week, which pays for her to attend an early
intervention group for intellectually handicapped children. Every Thursday,
Louise has a helper from the Intellectually Handicapped Children's Society
for four hours. The family are longtime members of
the local Epilepsy Society. |
20 |
Epilepsy
causes one set of symptoms and behaviours; tubrous
sclerosis causes more. Liselle has the habit of repeating the last words
other people say to her at times. At other times she will do something
meaningless and repetitive like slam a refrigerator door shut 20 times in
succession until everyone around her is driven mad. She masturbates
compulsively and without inhibition, and removes all her clothing at whim.
She has tantrums of an epic scale which nobody can control. |
21 |
With
her three-year-old brother Cory she can be a demon. She cannot understand why
she must not climb into bed at night with him and wake him up. Louise and
Jeff have at times put her back in her own bed 30 times in one night. When
Cory was a baby, she frequently bit him, and herself, and she is still
sporadically violent. It is hard for Cory to sit and play alone and
concentrate, because she gets involved in his play and monopolises his
attention. Her own attention span is brief and erratic. |
22 |
When
she has her afternoon nap, and at night time, Liselle is still in disposable nappies
because she lacks bladder and bowel control in her sleep. Liselle dearly
wants to have her ears pierced and she's been promised that will happen when
she has not wet herself for a month. Nobody knows how far away that will be. |
23 |
It
is almost incidental that Liselle is mentally retarded. She's been assessed
at intellectually a year behind her peers, and her speech is poor, but
improving. Her slurred, hesitant and rather monotonous diction is a delight
to her parents because it gives them hope. |
24 |
This
is the child who was admitted to Ward 24 at |
|
|
25 |
KNOWING LISELLE would soon start
school, the Spences jumped at the chance to have her learn to be less of a
burden on teachers and themselves. They packed a suitcase and sent her to
live in at the ward, in a highly structured existence they were assured would
profoundly modify her behaviour. Sixteen hours later, workers in Ward 24 had
decided she was a suspect sexual abuse case. They did not tell her parents or
prepare them for the possibility of interviews that would follow,
endeavouring to find out for certain. |
26 |
From
the Spence family point of view, the six weeks on Ward 24 were fraught with
irritations and unexpected difficulties. Visiting relatives commented that
Liselle stank: the ward claims she never needed nappies while she stayed
there, but her family remembers the stink of stale urine and changing her
clothes because of it. They can not believe claims from the ward that Liselle
never suffered from an epileptic seizure while she was there, though this is
what staff reported. The Spences don't believe staff were competent to assess
the wide range of seizures they are used to, which can look as trifling as a
minute's blank inattention. |
27 |
Interestingly,
Liselle did not exhibit any strange sexual behaviour during her time in the
ward - neither removing her clothes, being sexually provocative, nor playing
in an overtly sexual way - all signals that would normally attract suspicion.
That behaviour took place only in private therapy sessions. |
28 |
There
were times of friction with Louise and the staff when she would arrive to visit
Liselle without prior warning and be told this was not convenient. Louise was
aware several times that Liselle was in a small, darkened room with a
counsellor, but the significance of this was not explained to her until the
six weeks had nearly ended. |
29 |
As
for Jeff Spence, he was working 14-hour days on a building site, which
limited the time he had available to visit his daughter. The ward staff did
not ask for an explanation of his infrequent visits and Louise believes they
concluded he was avoiding Liselle. |
30 |
Ward
24 is not talking about what happened to Liselle Spence. We do know that each
child admitted there is appointed a primary therapist to work with. Liselle worked
with Colleen Shaw and Karen Dennison. It fell to them to discover whether she
had been sexually abused. |
31 |
Karen
Dennison was Liselle's primary therapist. She was described in court as a registered
psychiatric and comprehensive nurse. This is likely to mean that she trained
under the new polytechnic system that involves identical training for all
nurses. It is less likely that she trained under the former system where
general nursing and psychiatric nursing were separated, with psychiatric
nursing being far more specialised. Nowadays, a nurse receives only about 12
weeks training in psychiatry in her three-year training; she is expected to
get practical experience on the job. |
32 |
Liselle's
senior therapist was Colleen Shaw. It was she who took primary responsibility
for the private sessions with the child which Dennison recorded. Shaw has a
Bachelor of Science degree in occupational therapy from the |
33 |
Shaw
had been with Ward 24 since it opened in March 1982, employed as a child
therapist working in developmental and behavioural problems, sometimes with
family groups. Like Dennison, she is unable to cite special qualifications in
the area of sexual abuse counselling or indeed psychological therapy
qualifications, which are by no means the same as occupational therapy ones. |
34 |
Shaw
had been involved previously with only three children who had been the
victims of sexual abuse. From her position of seniority over Dennison, we can
reasonably suppose Dennison had even less experience in disclosure
interviewing, a complex and subtle skill that carries a heavy burden of
responsibility for everyone involved. |
35 |
Suspicions
about Liselle were aroused in her first day on the ward when she made objects
out of playdough which she called "diddles". The objects were
round, and by the therapists' own admission did not resemble a penis, which
is what they were construed to be. The child cut up, sucked and licked the
"diddles". This aroused suspicion and steered her therapists
towards their sexual abuse theory. We can assume that this theory dominated
their concerns for the child, because the Spences report no behaviour change
of the kind they expected when Liselle returned home. |
36 |
Experts
agree that a child should be subjected to two disclosure interviews at the
most. Liselle was subjected to 18 private sessions of therapy (some lasting
longer than two and a half hours), 15 of which were disclosure interviews
aimed at uncovering her sexual abuse and its perpetrator. |
37 |
Workers
in the field all over the world disagree on the best methods of interviewing
and diagnosing abuse. In Ward 24, Shaw and Dennison used anatomically correct
dolls. |
|
|
38 |
THERE ARE many different kinds
of anatomically correct dolls, but they all have in common white or brown
cloth bodies with orifices such as mouth, vagina and anus that can be
penetrated. Adult male dolls have penises and testicles. Some dolls have the
sexual characteristics of children, and others look like naked adults,
complete with wool pubic hair and hair in their armpits. |
39 |
The
idea is that children will enact with the dolls what they have seen or
experienced. The only problem is that nobody knows what normal children do
with anatomically correct dolls. Nobody has bothered to carry out research to
tell us. Considering how graphically they vary from normal dolls, different
play seems inevitable. |
40 |
Anatomically
correct dolls, and certain interviewing techniques associated with them, are
used at |
41 |
Critics
say such confrontation can force a false answer from a child just as readily
as a true one. Just as in cases of cross-examination of rape victims, they
argue that the victim is twice abused, and they say children who have never
been abused are exposed to information that violates their innocence. |
42 |
It's
a method you would expect to be used with caution, close supervision by
superiors, and only in cases where there are substantial grounds for
suspecting abuse, such as physical evidence or a clear declaration by a
child. |
43 |
Liselle
never directly claimed she had been sexually abused, and it is clear that
Dennison and Shaw were not closely supervised by either peers or superiors. After
weeks of interviews, Ward 24 would find out that Liselle had no physical
signs of abuse, such as a damaged hymen. The child screamed and resisted an
internal examination, though her mother was in the room to support her.
Talking about it still makes Louise tearful. |
|
|
44 |
THERE ARE many pages of notes of
the disclosure interviews with Liselle. We can assume there are deficiencies
in these records, because tape recorders were not used and Dennison is not a stenographer.
We know that the therapists read the child a book called I Was So Mad I Could Have Split, a book used to help children
express anger against people they'd normally have difficulty challenging.
There are lines in the book like "I hate daddy", which Liselle
repeats. |
45 |
Early
on there was an important mistake. Liselle first met the anatomically correct
dolls when they were completely undressed rather than fully clothed as they
should have been. It is no surprise, then, that she concentrated on their
sexual differences. |
46 |
The
therapists' suspicions were further aroused not by anything Liselle said,
though she used the word "fuck" frequently, but by what she did in
early interview sessions. |
47 |
Liselle
picked up the sexually mature male doll, said "that's a big
diddle", then "don't bite the diddle", and chewed it. She
positioned herself in a sexually explicit way with the doll and seemed to
simulate intercourse. She talked about a fear of wild animals, which in court
would be construed as a simile for a male abuser. She referred to bleeding
bottoms - her grandfather had recently been operated on for piles. Liselle
talked about diddles and secrets in the dark. She talked about where she
played "diddle games" - at her own home and her grandparents'. She
was asked who was best at playing "diddle games", and talked about
both her father and grandfather. |
48 |
Some
of the sessions, which were not videotaped, involved Liselle being in the
dark with the therapists under blankets. |
49 |
You
could spend hours reading the transcripts and not make much sense of them.
You have to bear in mind that they involve work with a small child who is mentally
retarded and who you cannot be sure understands the intellectual concepts she
is dealing with. Though Liselle was tested when she was admitted to the ward,
the test was considered by one expert to be quite unsuitable for a preschool
child, and no other tests explored her intelligence and its limits before
therapists began working with her. |
50 |
There
is further doubt over whether Shaw and Dennison were briefed in any depth
over Liselle's physical problems. They are not recorded as having any knowledge
of the behaviour that can be expected of a child with both epilepsy and tubrous sclerosis, specialist knowledge that would not be
part of cither's training. |
51 |
A
week before Liselle was due to leave Ward 24, the therapists became concerned
that they were not going to get conclusive evidence that she had been abused.
They are on record as rewarding Liselle now for what they called "hard
work" by giving her jellybeans. Only now that they believed she would
name her father as her abuser did they tell Louise what they had been trying
to elicit for so long. They told her they were certain Liselle had been
sexually abused. |
52 |
Louise
remembers being stunned and shocked. She believed she was talking to experts who
must know what they were doing, and logically enough assumed Jeff must be the
perpetrator, since he was the only male with sufficient access to the child.
Shaw and Dennison then made an extraordinary request. They asked her to
return home for the next week with Jeff and not mention a word of these
suspicions to him or anyone else. This was too much for Louise. She told her
parents. |
53 |
Louise
was invited to watch the final sessions with the child, who the therapists
said was ready to tell her mother about her abuse. Louise watched a method of
therapy that she found shocking and revolting, therapy she would never have
countenanced if she had been told about it. But she was prepared to consider
it might be worth it if the truth was uncovered. |
54 |
Louise
saw Liselle pick up the daddy doll, say it was "the diddle man",
and throw it out the door of the room, returning to sit on a therapist's knee
and ask for a jellybean. The therapists felt they had the information they
needed to act on. |
55 |
The
Spences and their supporters suggest Liselle showed the behaviour you'd
expect from a child who'd been schooled to give the "right" answer
and rewarded for it with sweets. |
56 |
Jeff
Spence now came to the hospital for an interview with the therapists. They
told him they believed he had sexually abused his daughter and told him he
could not go home that night. If he did not leave home immediately, the
therapists said they would take steps to take Liselle away from her parents.
A bewildered and deeply upset Jeff went to stay with his in-laws, and so
began more than a year of spending nights away from his family while giving
the world the impression he was still living at home. |
57 |
Social
Welfare was not convinced by the report from Dennison and Shaw that Liselle
had been sexually abused, and refused to lay charges, but the police did. We
have no way of knowing who pressed for those charges, because Dr Watkins, the
ward's boss, only supported the assertions half-heartedly in court and
plainly had doubts. |
58 |
The
Spences - both Jeff and Louise - faced a complaint under the Children and
Young Persons' Act that Liselle was in need of care, protection or control in
that a) her development was avoidably being prevented or neglected and b) she
was being or likely to be neglected or ill-treated and c) she was exhibiting
behaviour which was beyond the control of her parents and was of such a
nature and degree as to cause concern for her wellbeing and her social
adjustment. |
59 |
The
charges seem strange because nobody has ever criticised Louise Spence's
affection for her child or her sense of responsibility for her. Apart from
the sexual allegation, nobody has ever criticised Jeff, either. |
60 |
The
Spences, who live off Jeff's earnings as a builder's labourer and freezing
worker, have twice paid their own way to |
61 |
What
the charges really meant was that the police believed they had a case to say
Liselle had been sexually abused, and that this in part explained her strange
behaviour. |
|
|
62 |
THE SPENCES have bitter memories
of their case being delayed and remanded seemingly indefinitely, while they
tried to face the fact that their family would be forced apart if the charges
against Jeff were believed by the judge. If the charges against Jeff were
sustained by Judge G.T. Mahon, he would certainly face proceedings under the
Crimes Act., his marriage would be over, and his family another failure
statistic. |
63 |
That
meant Jeff had to fight against the witnesses who accused him of sexually
abusing his daughter, and challenge their evidence. The Spences chose to
challenge the means by which Liselle's information was gathered, and its
truthfulness if those means were dubious. |
64 |
They
hired local lawyer Paul McMenamin who had
experience in defending child sex abuse cases in the criminal courts. This
was the first he had defended in the Children and Young Persons' Court, and he
was to have many misgivings about the system he now participated in. His bill
would exceed $20,000 and no one is yet sure how that will be paid. |
65 |
At
the same time the Spences contacted Frontline producer Peter Weir who became
interested in the story, and agreed to film the progress of their case and
its aftermath. He also approached two British experts who read transcripts of
Liselle's interviews and were outraged by them, a fact that gave the Spences
some comfort. The two experts were known in |
66 |
In
the final days of the case, the Spences hid Liselle with her grandparents
miles from |
67 |
At
the hearing the court heard Dr Watkins, the head of Ward 24, express
reservations about the case against Jeff. Watkins didn't think the
transcripts of the therapy session were conclusive enough, and he had doubts
about how Dennison and Shaw questioned Liselle. He was pretty sure Liselle
had some knowledge of sexual matters that was unusual, but could not be sure
how she came by it. He talked about the symptoms of Liselle's disease, which
included the very unsociable behaviour for which she'd been admitted to
hospital. |
68 |
Other
workers on the ward disputed the symptoms the Spences lived with, and claimed
not to have seen them during her six weeks on the ward. None was competent to
dispute her diagnosis, however, as only Watkins and another expert called by
the court, Dr Karen Zelas, had training as doctors as part of their
psychiatry qualifications. Unlike Watkins, Zelas was firmly on the side of
Dennison and Shaw, although she had only once met Liselle, in a 45-minute
session with her whole family. Despite this she was firm in her beliefs and
did not waver. When it came to arguing the toss, the strongest witness
against Zelas was Patricia Champion, a psychologist who had had dealings with
Liselle since she was 22 months old. |
69 |
Champion's
special area of expertise is language. She told the court Liselle's language
was not up to three-year-old standard, which meant that it was wrong to
expect a logical flow from her or to take it for granted that she was talking
from experience. She said Liselle's mind drifted aimlessly about and didn't
necessarily follow a logical train of thought, as the therapists might have
assumed it did. |
70 |
Zelas
was recalled after Champion gave evidence, and reaffirmed everything she had
said earlier, conceding nothing to the only other expert actively involved in
the case. She stuck with her belief that there was overwhelming evidence that
Liselle had been sexually abused. |
71 |
In
all of this, the judge was the final arbiter. He was critical of the number
of interviews Liselle had been subjected to and their method. He found that
Liselle's sexually oriented acts were clear evidence that she had been
sexually abused, and that there was nearly enough proof to lay a criminal
charge against a close family member, most likely her father, though there
was not enough proof that Jeff, and not another family member, had abused
her. |
|
|
72 |
IN ESSENCE, Judge Mahon said he
was satisfied Louise was now alerted to the fact that her daughter had been
sexually abused and that she would ensure that no further harm would come to
Liselle, and on that basis he dismissed the case. It was not what the Spences
could call an outright victory, but at least the family could stay together. |
73 |
Determined
that nobody else should have to go through their experience, the Spences went
ahead with the Frontline programme, rushed to air against the threat of suppression
by the Crown Solicitor's Office. Public interest was so great that it was
re-screened several days later and attracted an unprecedented flood of
letters, overwhelmingly supporting the Spences. |
74 |
You
would not have known this from |
75 |
Christchurch
Press reporter Cate Brett wrote a strongly worded feature criticising
Frontline for entering the volatile arena of child sex abuse and its
overworked and underqualified workers. She chided Frontline for not using the
complete inferences of Judge Mahon's judgment in full. Like others who
responded angrily to the programme, Brett implied that Judge Mahon's judgment
raised serious doubts about Jeff Spence's innocence. While that was true, it
is also true that the judgment shows serious doubts over the methods of the
professionals who worked with Liselle. |
|
|
76 |
IT WAS ALL too easy for the
Spence case to be reduced to whether a father was guilty or not of abusing
his daughter, a matter it was only for the court to decide. The questions raised
by the Spence case in fact incorporate every contentious issue in the field
of child sex abuse, and its repercussions are more complex than an individual
child's sad story. |
77 |
Those
questions concern a crusade that strikes to the heart of the family,
impressing on us that we are a society overrun with child sexual abuse that
must be uncovered and punished. The origins of the crusade are in radical
feminism, and its pioneer in |
78 |
Because
Saphira's findings are so influential and are the platform for a new set of
beliefs about ourselves, they deserve to be looked at again. They lead
indirectly to Liselle Spence's front door, because they have been the
foundation of the current intellectual climate regarding sexual abuse of
children. |
79 |
The
truth is, it's a subject that even experts know very little about. Those
experts are woefully thin on the ground, which doesn't stop people claiming
expertise and making claims they can't substantiate. |
80 |
Saphira
is a former Justice Department psychologist with an interest in sexuality.
She was formerly married, is a solo mother and is now a lesbian. Her adopted
name is a derivation of the name of Sappho, the
Greek woman poet from the |
81 |
In
1980, Saphira set up her Sexual Abuse of Children Project. She arranged to
enclose a questionnaire about sexual experience in every copy of one week's
New Zealand Woman's Weekly. In all, she sent out 220,000 questionnaires and
received 315 replies - a 0.14 per cent response - from women who described
sexual abuse in their childhood. |
82 |
The
findings of that survey have become part of the entrenched "facts"
of |
83 |
They
have helped to establish a climate of suspicion, and contributed to fears
that children are suffering because they cannot tell their story. |
84 |
Every
worker in the field fears that through their own lack of skill they may fail
to help a suffering child: much-quoted statistics lead them to believe sex
abuse is endemic. This fear may help create great stress in an already
difficult and distressing job, and it may also cloud judgment. |
|
|
85 |
THERE IS a political context
for this as well. In this decade, feminists everywhere have been challenging
the traditional behaviour of men and their abuse of power. High sexual abuse
data backs that up. It was disseminated by other influential feminists like
Hilary Haines of the Mental Health Foundation, another formerly married
lesbian, who published her own views under the aegis of the foundation. She
has cited Saphira's research frequently. |
86 |
Saphira's
findings are laid out in her book The
Sexual Abuse Of Children published in 1985. A skilled communicator,
Saphira makes an eloquent case for the prevalence of the problem and the harm
it can cause to children. In footnotes, she refers back to her own work under
her former name of |
87 |
Everyone
working in this field cites a 1984 survey by Wellington Rape Crisis in 1984, as
if it is very significant. This survey of 1100 high school students in |
88 |
Haines'
book Mental Health For Women
acknowledges assistance from established feminists like Pat Rosier, editor of
Broadsheet, and Margot Roth, a regular Broadsheet columnist. Broadsheet is
this country's outlet for radical feminism and its writers have a common
line. Though the Mental Health Foundation backed the book, it is more a
record of a feminist view of mental health than an impartial document. |
89 |
Haines
makes depressing reading on the subject of heterosexual sex. She records
nothing but problems and nowhere suggests that women have sex with men for
pleasure. "The reality is that, for many women, a man could pound away
till Christmas and all they would feel is sore and bored," she observes,
without citing any research to substantiate the claim. |
90 |
Lesbian
sex, however, is more hopeful. "Women understand each other's bodies
well," Haines says, "because after all they have one of their own,
and usually know how it works, so the sex is often better." |
91 |
It
was the Mental Health Foundation, where Haines worked, that sourced
"statistics" to last year's Telethon in support of families and children
at risk from violence and sexual abuse. Its data came from Saphira and its
own publications. |
92 |
On
the basis of that variously sourced information, which an over- keen
advertising agency conveniently blended together, New Zealand newspapers were
flooded with dramatic award-winning advertisements: photographs of four
little babies in nappies with the slogan "One of these children will be
scarred for life", alleging erroneously that one in eight fathers molest
their daughters; a little girl in bed with her teddy bear and the silhouette
of her father in the doorway with the slogan "It's not the dark she's
afraid of. |
|
|
93 |
FATHERS WERE suddenly the pits.
While mothers were rejoicing in a new interest and involvement of men with their
young children, in part due to grassroots feminism among heterosexual women,
New Zealanders were being asked to believe a lie: that one in eight of them
sexually abused their children. Incredibly, no one challenged this. Loving
fathers I met socially talked about their fear of cuddling their daughters,
in case they were accused of perversion. Though an editorial in this magazine
and a subsequent article in Metro exposed the false data, no serious attempt
has been made to eradicate the impression the campaign made - and it has been
subsequently quoted in other publications as fact. |
94 |
Most
people are not trained to understand statistics or the methodology of
research. There are, however, universally accepted ways of conducting
research that may lead to the truth. Those ways are expensive, cumbersome and
scientific, but without using them, nobody has the right to make claims for
the population at large. |
95 |
Saphira's
Woman's Weekly survey is a classic
case. The response rate from the circulars she sent out is so low that it
could be argued that only a little more than one in a thousand women
experienced sexual abuse as a child, an assertion that would explode all her
assertions. |
96 |
We
cannot know if the 315 people who replied to Saphira are anything like the
219,685 who did not, because they were not selected by truly random means. We
cannot know to which social class they belong, whether they live in cities or
the country, and what difference this might make. Everyone who did not read
the Woman's Weekly was automatically excluded from the survey, so it already
had a huge bias. |
97 |
To
back up her findings, Saphira turned to the classic study of sexuality, the
Kinsey Report. This work is almost half a century old, and its findings about
sexuality have to be set up against the incalculably greater amounts of
material on sex available for the general public to read and the changing
sexual patterns of even the last 20 years. Kinsey predates homosexual law
reform and the social acceptability of outspoken lesbians. |
98 |
Most
people writing and researching internationally in the field of child sexual
abuse agree that about one in 10 children may be affected by it. Even that is
a guess. Far fewer than one in 10 are abused by their own fathers, that is
certain. What surveys mean by sexual abuse varies from one researcher to
another. It's useless to pit one survey against another when the reference
points don't match, but that's what "experts" have been doing. |
99 |
Some
feminists consider a verbal overture to be an abuse. A radical feminist I
know considers it sexual abuse if a male has an erection in the presence of a
female who has done nothing to encourage him sexually. It is doubtful whether
the world at large would agree with her. |
100 |
We
have no way of knowing if the problem of child sex abuse is growing, because we
still have no reliable statistics on how frequently it happens. We know that
it has always been with us: that Victorian England knew child prostitution
and sent tiny children to work in factories and mines, that childhood itself
is a state only recently acknowledged, largely thanks to this century's
studies on human development. |
101 |
All
we know for sure is that our awareness of child sex abuse is currently
heightened in contrast with our awareness of child battering, the concern of
a decade ago and still a far more frequent occurrence. |
102 |
Some
social workers are worried that all the emphasis on sexual abuse cases, which
dominate Social Welfare services right now, is clogging the lines to help for
children who are in life-threatening situations. |
103 |
A
recent South Australian report (by Geoffrey Partington)
challenges all the information to date on who carries out sexual abuse on
children. The breakdown attributes one per cent of cases to mothers and siblings,
two per cent of cases to fathers, stepfathers and family friends, three per
cent to other relatives, 20 per cent to strangers, and an amazing 70 per cent
to professionals such as teachers and welfare workers. |
104 |
Figures
like these turn Saphira's work on its head. They suggest that the
"stranger danger" we've been told is a lie, may be the truth after
all. But swept away as we currently are on a tide of belief in the rottenness
of the heterosexual family unit, the truth could be the last thing we want to
hear. |
|
|
105 |
HOW DID WE come to accept that so
many |
106 |
Feminists
argue that men beat and abuse women because they believe they are lesser
human beings, and that they extend that behaviour to their children because
they believe they own them. They say men have everything to gain from
covering up their own unacceptable behaviour, so their denials and
questionings of the new data count for nothing. |
107 |
Feminists
and workers in this field say the abuse occurs at every level in society,
where you find men who believe in their inherent superiority and their right
to impose their will on others. Incest, they argue, is a natural extension of
patriarchal will. |
108 |
All
this does not explain why a male-dominated society has always had prohibitions
against incest, or why the typical sex abuser of children is a weak man who
doesn't rate highly in the world of male values - a failed patriarch rather
than a confident and successful one. Nor does it explain why men are afraid
to be found out. |
109 |
Repellent
though we find child sexual abuse to be, we know little about the harm it
does, except in gross cases of physical violation, which are still the
minority of cases. We do know that it is an abuse of power, and that
prostitutes, drug addicts and criminals report high rates of abuse in their
own pasts. However, in a cocktail of deprivations, we do not know which is
the deciding factor. |
110 |
Work
in child sex abuse is depressing and sometimes horrific. It outrages the
social code we live by and nobody approves of it. It is known to attract
workers who have been victims of abuse themselves, and some voluntary
organisations attract radical lesbian feminists. There is no reason why they
should be less competent at this work than anyone else, but their detachment
is questionable. |
111 |
Ms
Eileen Swan of Auckland's HELP, a sexual abuse counselling agency, is on
record in 1984 as saying "the projected figures of one in four girls and
one in 10 boys being victims are beginning to look conservative". She
has no more grounds than any lay person to say so; no hard evidence backs
her. |
112 |
Speaking
at a conference of the Child Abuse Prevention Society that year also, Sue
Neal, a coordinator of the South Auckland Women's Refuge, said "some of
these families are rotten to the core and should not be encouraged to stay
together". |
113 |
Again,
this may be how things look at the front, but statements like these are
worrying as a basis for looking at the problem. Swan's statistics might have
been snatched from thin air for all the foundation they have in serious
literature on the subject. |
|
|
114 |
THE SYMPTOMS of child sexual abuse
are a worry for any parent. One or other of them is displayed by normal children
at least some of the time: regressive behaviour, eating, sleeping and
elimination disturbances, excessive crying, excessive masturbatory behaviour
in small children, excessive attempts to manipulate others' genitals, school
problems, phobias, fears, lack of friends, secretive behaviour, stealing,
lying, manipulative behaviour... the list is long. Failing physical evidence,
when a child is too young to talk they're all case workers have to go on. |
115 |
This
is why we need experts in the field of child abuse. Experts can be expected
to know a great deal about normal child development. They can be expected to
be impartial and have profound knowledge of all the research and relevant
information in their field, with the ability to assess its usefulness. |
116 |
What
we actually have in this country are 11 child psychiatrists, two child
therapists graduating from |
117 |
All
of these workers are responsible to a professional organisation of some kind,
regardless of how minimal their qualifications are. The same does not apply
to voluntary workers. |
118 |
There
are no nationally accepted, universal training systems for people working in
child sex abuse. The closest we have is a part-time course at |
119 |
In
this burgeoning field, which some people call a growth industry, hardly
anyone can claim to be an expert, and those that do need close watching to
ensure they stay balanced. |
120 |
The
recent scandal in |
121 |
In
fact, nobody knew how often anal dilation occurred in the population at
large. It is a symptom of childhood constipation. Almost all of the children
are now back home with their distraught parents. |
122 |
Amazingly,
the male establishment in this country stood by and watched while workers
like Saphira produced their new data, and did not question it although they
recognised it for what it was - severely flawed and inconclusive. Three of
the highest child health and medical experts in this country confirmed this
to me, though they will not go on record officially as saying so. They've
said, that because they are men, they believe they will be shouted down. The
fact that they are experts too is held against them. |
123 |
Paranoia
runs so high that several people warned me that I must expect serious
physical attacks for asking questions against the prevalent feminist line. |
|
|
124 |
THE PUBLIC may want experts, but not
everybody in the field of sexual abuse does. Researching this story, two
senior health professionals told me about problems inside HELP. I was told
that workers there have argued against having heterosexual women with
children working in child sex abuse, on the grounds that they must therefore
have an interest in protecting abusive men. I was told about qualified women
doctors being turned away when they offered their services, on the grounds
that they were over-educated, which meant they must be part of the
patriarchal system. I was also told about mothers being turned away with
their abused children because they refused to report their husbands to the
police. |
125 |
Leah
Andrews, a recently graduated child psychiatrist, was denied assistance from
Auckland HELP for a much- needed study she is doing with another woman doctor
on the effects of sexual abuse on children. Andrews reports that HELP workers
were angry that the researchers received a financial grant, and told them
they should give the grant money to Maori and Polynesian women for projects
of their choice. Andrews found this behaviour hurtful and surprising; she
considers herself a liberal feminist. |
126 |
The
reason HELP gave for not helping the doctors was that they were from a medical
school and would therefore have a scientific approach. They were told that a
lot of harm had been done to women and children in the name of science. |
127 |
Andrews
has some reservations about statistics on sex abuse incidence. Looking for
subjects for her survey, she found that a number of children had been counted
several times by a variety of agencies. One child was recorded a total of
eight times, which would inevitably inflate statistics. |
128 |
Fellow
psychiatrist Jane Reeves has begun a private counselling group for rape
victims in |
129 |
Reeves'
view was that counselling should help women get over their rape rather than
reiterate their sense of helplessness. She also felt that women should be helped
to return to heterosexual sex if that was their preference, and wondered
whether radical lesbian separatists she knew were counselling in the field
were capable of that sort of help. |
130 |
"I
get quite angry at the anti-male flavour," Reeves says, "rather
than looking at specific males. After all, they are half the human race and
we have to function in society." |
131 |
Similar
criticism has been levelled at voluntary workers in child sex abuse, along
with doubts that their agencies give adequate supervision to their workers.
HELP has no national structure requiring national standards; each centre is
autonomous. |
132 |
Lack
of training, suspicion of expertise, scant resources, feminist activism and a
sudden flood of awareness of child sex abuse are the background to the Spence
case. The worry is that there may be many other cases like it. |
133 |
Feminists
fought long and hard to get acknowledgment for the problem. Having won their ground,
many behave as if the battle has to be fought still. Kingdoms have been made,
where workers zealously claim their right to monopolise society's view of the
problem. And everyone says they have the child's interests at heart. |
134 |
Right
now, our focus is on the men who sexually abuse children. In jail, we know
they are beaten and despised. Society feels like that about them, too. It's
not surprising that child sex offenders seldom confess, and will deny
fervently that they are guilty. They have everything to lose. |
135 |
We
know that many of these men were themselves abused as children, which is
another reason why we want to stop the chain of abuse by detecting cases now.
But are we going the right way about it? |
136 |
Police,
newly sensitive to the needs of the community, have faced criticism in recent
years for failing to prosecute wife beaters, or pursue rape cases with
sufficient diligence. Their sexism has been under attack. Now, police are
keenly aware of child sex abuse and actively involved in finding and dealing
with perpetrators. They're going to set up their own sex abuse teams in the
next year. |
137 |
The
courts in the meantime are clogged with sex abuse cases, which are proving
increasingly costly. A |
|
|
138 |
DAVID HOWMAN is a |
139 |
Howman is concerned that five per cent of cases in the
Children and Young Persons' Court are taking up 25 percent of the funding.
High costs are inevitable when sexual abuses cases are being fought over days
of hearings. |
140 |
There
are people working in the area who believe it would be better to bypass the
legal system altogether. Experience overseas has shown that when children are
interviewed expertly and recorded on video tape and the video tape is shown
to their abuser, he will often confess. This saves not only money but the
stress of putting children and their families through court hearings.
However, it also involves totally professional interviewing from experts. In |
141 |
At
the Justice Department in |
142 |
The
general idea is to offer child sex offenders a whip and a carrot at the same
time - and to keep them away from the criminal population, with which they
have little in common. |
143 |
Resources
in the justice system are woefully inadequate. Its psychological service has
32 workers in the field. They're expected to tackle more than 23,000
offenders with problems ranging from violent behaviour to chronic dishonesty
and suicidal impulses. "You've got to establish priorities," Riley
says. "Sex offending is a priority for our staff." |
144 |
In
the new jail, based on a successful American model, child sex offenders will
spend half their previously unproductive jail time hopefully learning how to
change. The Justice Department will keep records of how effective its
programme is. It's optimistic. |
|
|
145 |
THE SPENCE'S lawyer, Paul McMenamin, is a member of a family firm in |
146 |
"The
question of evidence is largely misunderstood by the lay public as technical
jargon to obfuscate issues, but in fact the rules of evidence are created to
arrive at the truth rather than a fallacy," he says. |
147 |
"In
these cases, what's before the court are records of interviews with little
children, taken under very peculiar circumstances. The children are not in any
usual or familiar environment. They're being interviewed by people in some
position of authority to them. Frequently comments are obtained by inducement
of one sort or another, and children I think have a great desire to please. |
148 |
"Frequently
people will say a child talks of things in a manner that's fearful or
distressed. There's no way a court can test that without videos. But even
videos may not finish the problem. The English experience indicates an
enormous amount of difficulty arises from enthusiasts who are frequently
quite well qualified. |
149 |
"If
an expert is very convinced that a child has been sexually abused, in the
absence of substantial physical evidence, too often the case relies on a
psychiatric or psychological appraisal of the child. All sorts of symptoms
and antisocial behaviour have been accepted as primary indicators, which you
could find in any child. Paper on paper has been written on this and they
tend to be flavoured by the view of the researcher." |
150 |
McMenamin is critical of experts who construe children's
statements, such as fear of wild animals, as something deeper and more
meaningful. "Like evidence-gathering," he says, "you can't
resort to a code that only you know." |
151 |
McMenamin says we are relying on the good sense of judges,
who are probably giving responsible and sensible verdicts. However, in cases
where experts are pitted against each other, usually we have a jury as our
safeguard. |
152 |
He
says the secrecy of these court proceedings is a worry. Though it is
considered vital to keep a child's identity secret, at the moment we cannot
also find information like how many child abuse cases are being heard, or
observe the manner in which investigations are being carried out. |
153 |
"I
personally can't see how 20 sessions of so-called therapy in semi- darkened
rooms with anatomical dolls, repetitive questions about sex, swearing and
shouting 'I hate daddy', can't be very dangerous for a child. I wouldn't
under any circumstances allow my four-year-old, or three-year-old or
two-year-old to go through that.. |
154 |
"I
simply cannot see how that child can't be left with an enduring aftermath. Is
this an abuse of power? |
155 |
"It
seems to me that the parents should have been advised at the very outset. I
can't see why or under what authority they deal with your child in a manner
contrary to the reason why it's in hospital. The point is, what right do
(hospital staff) have to do anything other than under your express direction? |
156 |
"Where
does an occupational therapist in a hospital obtain the right to involve a
child in what may be quite unusual sessions of conduct, which most people
would think abnormal and probably abhorrent, without obtaining the authority
of the parents? |
157 |
"Where
else but in a hospital could this happen? |
158 |
"If
this problem is as pervasive as people say and as enthusiasts would have us
believe, then people should be encouraged to admit it. We should remove the
criminal sanction and they should be treated. I've acted in criminal court
for people who've done this. They are invariably sad cases. And does jail
deter anyone?" |
|
|
159 |
I WAS UNABLE to visit Ward 24 or
talk with anyone there about its methods and philosophy. The hospital
hierarchy forbade it. However, I spoke to counsellor Sue Dick at its
outpatient arm, the Child and Family Guidance Centre. Twelve per cent of the
referrals here are because of child sex abuse. |
160 |
The
clinic's head, Dr Yvonne Barton, sat with her. Dick had chosen to speak to me
because she said she believes in the accountability of workers in her field.
She insisted the interview be tape recorded, as an insurance against being
misinterpreted and criticism from her fellow workers. |
161 |
Dick
is a former primary school teacher with a university degree, and is now a
trained child psychotherapist. She's a member of the New Zealand Association
of Child Psychotherapists. She told me the staff of the clinic is made up of
two child psychiatrists, three psychologists, three child psychotherapists
and eight social workers. |
162 |
Unlike
most workers in this field, Dick's training has involved personal therapy,
intended to help her self- knowledge and to help separate her own problems from
those of her clients. |
163 |
Dick
backs the need for recognised training in the field of child sex abuse
counselling, and says most health professionals in this country did their
training before sex abuse was isolated as a serious problem, so they have had
to train themselves. This raises the problem of who are the specialists or
experts. |
164 |
It
also raises the problem of what kind of safeguards clinics like this can have
so families get the best possible service and professionals are also accountable
to someone. |
165 |
Dick
said the clinic has a system whereby fellow workers watch therapy sessions
from behind one-way glass, so they can monitor how each other works and help
each other reach rational conclusions. Disclosure interviews are video-taped,
and before sexual abuse is suspected, therapists explore every other logical
avenue. |
166 |
"Children's
own relationship to the alleged offender varies enormously, from the child who
still loves them and wishes to keep a relationship, to children who are
damaged, angry, and hate the offender. Children can love and be attached to
the person who has abused them. The work you do has to preserve permission
for them to love that person. |
167 |
"We
feel very caught by the current status of legislation in terms of what it
does to families. We know that children want to be safe and have their
families intact - not one to the exclusion of the other. What we would like
is for children to be winners on both counts. |
168 |
"At
the moment, children are the losers, because if abuse is to stop they may
risk shattering their family. The best option would be for society to make it
possible for offenders to confess more readily. |
169 |
"We
don't want to get better at this [disclosure interviewing] only to enable
children to send their fathers to prison. What does it do for boys and girls
that for them to be safe their families are sentenced as well?" |
170 |
Dick
supports the idea of some child sex offenders - though not hardened pedophiles - receiving suspended sentences on condition
that they undergo therapy. |
171 |
She
told me that in |
172 |
Dick
acknowledges a great debt to Karen Zelas, the local psychiatrist who set up
the clinic and also gave evidence so forcefully at the Spence trial. |
173 |
Zelas,
now president of the Australasian Society of Psychiatrists, would not talk to
Frontline but was prepared to give |
174 |
Everyone
says Zelas is a convincing and articulate witness, and she has considerable
experience in child sex abuse. Her critics say she is unable to consider that
she may be wrong, but fellow professionals also consider her to be sound and
very capable. She was one of the panel responsible for the national report on
child sex abuse whose short title is A
Public And Private Nightmare. Interestingly, it endorses the use of
anatomical dolls. |
175 |
Ultimately,
professionals like Zelas have great power as professional witnesses in a
small society. There are only two psychiatrists in |
176 |
Like
Dick, Zelas told me she believed the courts were the ultimate organisation
she was accountable to and that she regarded the justice system as an
important safeguard. Like Dick, she is concerned to keep families together and
to find alternatives to jail for offenders. She believes the courts should
have the muscle to force men to enter therapy programmes and stay in them.
She also thinks men should have to pay for therapy for all members of the
victim's family that need it, and to do this they should stay in the
community and face up to their responsibilities. "Usually they don't
like what they're doing," she says. |
177 |
Zelas
says a 60 per cent confession rate among offenders in |
178 |
"It's
becoming more adversarial. You're starting to feel that you're sitting in a
criminal court. Lawyers most commonly in the criminal court are starting to
be engaged to help parents. The whole climate is changing. I don't think it's
desirable for civil matters involving children to start to become criminal
cases. |
179 |
"Standing
up even behind a screen in court is not exactly an environment likely to help
a child talk about something very private and personal, especially involving
a person they feel they must be loyal to." |
180 |
In
her own experience, Zelas says articulate middle-class offenders are much
less likely to go to court and less likely to be found guilty than men like
Jeff Spence, who know less about how to fight the system. "In social
settings, people will talk with me about feeling more uncomfortable about what
they do with their children than ever before. People say isn't that a
terrible thing. I think that is part of a pendulum swinging; it's not an end
point. |
181 |
"I
don't think people should stop doing ordinary affectionate things with
children, because there's a very small risk of being accused of sexual abuse. |
182 |
"Those
of us who do investigative interviews with children do have to be
accountable, and the courts need to determine what they consider to be acceptable
techniques. It's an issue that has to be resolved in some way." |
|
|
183 |
NOBODY WOULD be quicker to agree
with Zelas than the Spences, who feel bitter animosity towards her for the
evidence she gave in their court case. |
184 |
They
now have a child with all the problems they are familiar with, but also a new
preoccupation with sexual matters. They believe she has been mentally damaged
for life on Ward 24. Nobody from the ward has contacted them since Liselle
was discharged last May. Her family lives with the aftermath, and now the
only treatment Liselle receives is from a private psychologist they pay for
themselves - at $60 an hour, another burden to add to the as yet unpaid
$20,000 legal fees. |
185 |
Life
will never be the same and the Spences live in fear of further repercussions:
"I get worried sick that she might hurt herself. Say if she had a
seizure and busted her front teeth now - the slightest thing could get us
back in the courtroom," says Louise. Jeff worries that he may be the
only adult around to help a crying child, and end up accused of molestation. |
186 |
In
hospital recently, Louise met a nurse who had read the entire file on the
family and commented on it. The Spences say that when they took Liselle for a
brain scan in December, staff were rude and abrupt with them. They find it
humiliating that so many strangers have access to intensely personal
information about them, and say they would do anything to avoid going to |
187 |
They
are furious that Cate Brett asked them if they had been paid to appear on
Frontline, a question they found insulting. They were not. |
188 |
Most
of all, they are bitterly upset at changes they see in Liselle. "She
came out and she couldn't talk," Louise says. "Some of the things
she comes out with now - her sexual knowledge is unbelievable." |
189 |
Louise
is tense. She is the kind of person who might well sound angry when she is
feeling very sad. She does most of the talking, while Jeff defers to her.
From time to time he relaxes, though stress is apparent in him, too. |
190 |
In
their immaculate back yard, an enormous ginger cat whisks his tail and
parades in front of the family's aviary where two multicoloured parrots
perch. He looks for all the world like a small lion. "Perhaps he's one
of the wild animals Liselle's afraid of," Jeff Spence says, in his slow,
quiet way. |
191 |
It's meant to be a joke.
|
Appendix
Name |
Paragraph References |
|
|
Andrews,
Leah
...
. |
125,127 |
Barton,
Yvonne
|
160 |
Brett,
Cate
|
75,187 |
Champion,
Patricia
. |
68,69,70 |
Dennison,
Karen
...
.. |
30,31,33,34,37,43,44,50,52,57,67 |
Dick,
Sue
...
.. |
159,160-172,176 |
Ding,
Les
...
..
|
74 |
Haines,
Hilary
.
|
85,88,89,90,91 |
Higgs,
|
120 |
Howman, David
.. |
138,139 |
|
62,71,72,75 |
McMenamin, Paul
... |
64,145-158 |
Miller,
Amanda
|
3 |
Neal,
Sue
. |
112 |
Partington, Geoffrey
.. |
103 |
Reeves,
Jane
.. |
128,129,130 |
Riley,
David
. |
141,143 |
Rosier,
Pat
.. |
88 |
Roth,
Margot
|
88 |
Saphira
(Jackson), Miriam
|
77-86,91,95-97,104,122,175 |
Shaw,
Colleen
. |
30,32,33,34,37,43,50,52,57,67 |
Swan,
Eileen
... |
111,113 |
Watkins,
Dr Bill
... |
40,57,67,68 |
Weir,Peter..
. |
65 |
Zelas,
Karen
|
68,70,173-183 |