Physical, sexual, and emotional child abuse is a serious societal
problem which should not be minimized. But, across this country an
epidemic of false accusations of child abuse has resulted in a lack of
confidence in those to whom we entrust the important task of assuring
the safety of our children and the integrity of our families.
Teachers are afraid to hug children. Parents struggling to raise
responsible children know that discipline may be interpreted as child
abuse.
Early advocates for reform were told that any criticism would have a
chilling effect on the ability to protect children and children would
die. Only a few years later everyone knows someone falsely accused.
Some 3 million names are on the California Child Abuse registry and
many on the registry don t even know it. Placement on the registry has
been nearly random, even including the names of alleged victims and
their siblings under the theory that the abused would become the
abusers.
But before we can remedy this flawed system, we must look at history
where problems in child protection have resulted in both false
accusations and failure to intervene before a child dies and the
predictable swings of the pendulum.
Responsibility does not lie solely at the door of social workers and
prosecutors; we must look to ourselves, the media, the legislatures, and
the judiciary.
Generations have enjoyed the cautionary tale of The Emperor's New
Clothes. From an itinerant troupe of charlatan tailors, a pompous, vain,
and silly king gullibly purchases a marvelous suit of clothing that only
the cognoscenti can see, proudly struts down the street in his birthday
suit, while a groveling, junctuous court -afraid to be labeled unwise -
praises his fine raiment.
The people who know better say nothing. Finally, a child, seeing the
king in the street, exclaims in righteous horror, But the king is
naked!
Modern day social studies affirm the continued value of this child s
story. In one study, an unwitting subject enters a room filled with
students. The teacher asks students to raise their hands and vote if
the blinds are open or closed. All of the students in the room, except
the subject, are part of the experiment. If the blinds are closed, they
vote open, when the blinds are open they vote closed. Only a rare
subject will oppose the group consensus.
ACCUSATION ORGY
For fifteen years America has indulged in an orgy of false accusation
and prosecution for crimes which never happened. It has been
unfashionable, even dangerous, to challenge prosecutors, therapists,
social workers, and physicians who proselytized for an epidemic of
bizarre sexual abuse occurring in churches, day cares, and homes across
America.
Hundreds, perhaps thousands, of men and women - men and women with no
previous criminal record or history of psychological problems - have
been charged, many convicted, of the heinous crimes of torture,
mutilation, horrific sexual abuse, and even human sacrifice.
Common sense was suspended, science perverted, and investigative
protocols subverted.
Professionals we entrusted to investigate apparently believed that these
nursery crimes occurred but left no physical evidence, no bodies, and no
blood. They told us that little children would not tell their parents
or guardians but only specially trained therapists and investigators.
Only a few spoke out and warned that false prosecutions would eventually
result in a backlash and society s discrediting of valid child abuse
cases.
They were pilloried, often accused of supporting child molesters, even
of being child molesters. The media, in a zeal for sensationalism,
fanned the flames and failed to challenge even the most outrageous
claims.
Silenced by political correctness, watchdog groups stood silently by.
ALARMISTS PREVAILED
In the 1970 s and 80 s the Congress of the United States listened to
alarming testimony from child saving professionals who, instead of a
suit of clothes, sold the Congress belief in a class of cases - visible
only to the cognoscenti- multi-victim/multi-perpetrator child sexual
abuse, primarily in child care environments.
The lack of evidence for what was characterized as satanic ritual abuse
and multi-generational vast sex rings, was explained away by bizarre
theories that photography labs, morticians, doctors, even the FBI. were
in on the crime.
Failure of the children to reveal the crimes to their parents was
explained by equally bizarre, untested, unconfirmed, but all inclusive
theories such as Child Abuse Accommodation Syndrome and Post Traumatic
Stress Disorder.
Investigators did not believe children when they said they had not been
abused, but we were told we must believe the children after the
coercive questioning led to accusations.
Responding to the hysteria, Congress wrote legislation and helped fund
training conferences to promulgate these fantasy crime scenarios, and
detection theories.
They also designated emergency moneys to help fund the prosecutions of
what would end up being the most costly cases in American history.
Convictions are now being overturned at a steady - though from the
perspective of those in prison, glacial pace. And, even as these
convictions are overturned, as psychologists air research into child
suggestibility, and the medical profession acknowledges that the
supposed medical evidence was non-existent, prosecutors refuse to
acknowledge the innocence of those still in prison.
In some cases they insist on retrying these men and women, claiming the
overturned convictions were mere technicalities.
UGLIEST CASE
Kern County, CA was the first of the major cases in this country.
Dozens of innocent men and women from that community were accused and
convicted of heinous crimes. Homes, reputations, and even children were
forever lost.
It was not only the adults who were hurt. The accusing children, now
young adults, tell terrible stories of the interview tactics of law
enforcement and child protective service workers who browbeat them into
accusing their parents.
These stories would be unbelievable but surviving videotapes of the
child interrogations from this case and others confirm the sad tales of
these children.
Not only were they forced to accuse their parents, but at three, four,
and five years of age, they received a sex education which would bring a
blush to all but the most experienced sailor.
It didn t stop there. Many of these children grew up knowing that their
coerced and untrue testimony was the reason their parents were in
prison. They became suicides and runaways, ignored by prosecutors when
they asked for help.
Finally, when convictions were overturned, the Kern County men and women
emerged from their prison cells, one by one, to find devastation in what
remained of their families.
Lest one think that these people received millions in civil judgments,
it didn't happen. After fighting for years for their freedom, many are
totally destitute. Only months ago, in Pitts v. Kern County, the
California Supreme Court found that the prosecutors in these cases had
absolute immunity.
While this may be good news for the tax payer it is bad news for the
citizens. Absolute immunity is a prescription for the corruption that
comes with absolute power.
As Kern County developed, hundreds of similar cases erupted across the
country. In Manhattan Beach, CA, the McMartin Preschool case lasted
seven years and was the most expensive trial in American history.
Fortunately, despite years in jail awaiting trial, there were no
convictions.
NOT SO LUCKY
Not so lucky were the Amiraults. Fells Acres Day Care in Massachusetts
was nearly identical; the children s tales could be interchangeable, but
Violet Amirault and her two children, Cheryl and Gerald were convicted
and sentenced to 47 years in prison. After twelve years in prison,
Violet and Cheryl's convictions were overturned; shortly thereafter
Violet succumbed to cancer. Gerald Amirault, who has watched his
children grow up from behind prison glass, still awaits the results of
an appeal.
That the children from one end of this country to the other told such
similar stories was used as evidence that the events happened. With the
benefit of history, we now know that all these cases had in common was
the belief system of the investigators, a lack of any evidence, and
relentless questioning of young children until they finally disclosed
what the inquisitors wanted to hear.
Finally, by the late 1980 s, academics reacted to what was widely
perceived as an epidemic of false accusations. Serious research on
child suggestibility began and we now have many of the answers to how
children could tell these stories.
In answer, the National Institute of Health in Washington, D.C.. began
work on a structured, scripted interview protocol which would minimize
the likelihood of false accusations from children.
At the same time, pediatricians realized that no one knew what normal
children s genitals looked like. A study of non-abused children began;
by 1989, researchers knew that many previously considered indicators of
sexual abuse fell within normal parameters.
Behind closed doors professional speculation began that inexpert
medical opinion might have resulted in the convictions of innocent men
and women.
So, by 1993, we certainly knew better, but oblivious to outsiders
cautions, Wenatchee, Washington, began what would ultimately become the
biggest of the cases and became home to the final chapter (hopefully) of
this insanity.
A poorly trained child abuse detective, drunk on the absolute power
wielded by his office, and cohorts within child protective services
terrorized this small town.
Citizens who had the courage to speak out found themselves accused.
Watchdog groups like the A.C.L.U., stood by and by their silence
ratified the injustices done against developmentally delayed adults
bullied into false confessions, children taken in restraints across
state lines to a therapeutic facility which guaranteed recovered
memories of abuse, citizens charged with obstruction of justice for
merely speaking out in defense of the weak and the innocent.
Eighty-nine people were ultimately accused. Dozens were convicted.
Convictions are now being overturned, but it is too late for many
families. Their children are scattered to the winds, many of them
already adopted.
If we are to assure the public s continued willingness to protect
children we must reform the system to conform with what we now know.
We must also remember that the high profile day care/sex ring cases are
only the most obvious of the false prosecutions. Every day in every
court in the land problematic garden variety child abuse prosecutions
occur. It doesn't matter until the accused is someone you know, someone
you love; then you become interested, then you begin to question.
REFORMS
Suggested reforms should include the following.
Investigation and Detention Recommendations
The state should adopt a safety-based, written, risk assessment
protocol. This protocol should be used in every investigation in order
to minimize the risk of rogue social workers or investigators who err on
either side.
Detention of children must take into consideration Federal requirements
that reasonable efforts to preserve the family have been exhausted
prior to the removal of a child.
State-wide adoption of the NIH scripted interview protocol developed
to minimize the effects of interviewer bias, and suggestive or coercive
questioning.
Video-tape or, at the very least, audio-tape all interviews.
State guidelines recommending the photograph recording of all medical
evidence so that it can be examined by more than one expert. (Without
photographic evidence it is impossible to provide a defense to
prosecution claims that medical evidence exists.)
Prohibition against questioning of developmentally challenged adults
without the presence of an advocate.
JUDICIAL RECOMMENDATIONS
Appointed child Guardian ad Litems must adhere to the American Bar
Association s guidelines for minor s counsel.
Provide judicial training on child suggestibility.
LEGISLATIVE RECOMMENDATIONS
In 1996, California took a first step and changed the absolute
immunity of social workers to a qualified immunity standard. Strengthen
this statute. Accountability will come with the award of civil damages
for perjury, intentional abuse of authority, or failure to reveal
exculpatory evidence. With current immunities there is still absolute
power, ensuing corruption, and little to no accountability.
Legislate a qualified immunity standard for prosecutors.
Detention and Jurisdiction findings in dependency hearings based on
clear and convincing evidence showing danger to a child. Preponderance
standard allows children to be removed with no corroborating evidence,
often resulting in trauma to a child and irreparable damage to the
family.
END ANONYMOUS REPORTING OF CHILD ABUSE
Establish a joint Legislative-Governor s Commission to examine problem
convictions. Give this Commission the power to recommend new trials in
those cases where it is determined that an injustice may have taken
place.
Provide equal funding for the Public Defender and the District
Attorney.
Modify the confidentiality of juvenile court proceedings. Without
citizen and press oversight there is no accountability. Confidentiality
in juvenile proceedings is used by authorities as a sword against
families and a shield against public oversight.
In 1995 The National Justice Committee, in testimony before the Senate,
recommended hearings before the House and Senate Judiciary Committees to
determine causes of and remedies for false convictions of child abuse.
In 1996, U.S. House Judiciary Committee member, the late Congressman
Sonny Bono, met with one of the children from Wenatchee and me. Sarah
Doggett's parents were in prison on a false conviction, her siblings
slated for adoption. Two months ago those convictions were overturned
but her parents remain incarcerated and until this week, when the media
brought massive attention to Wenatchee, authorities had the adoption of
the children on a fast track.
Bono was deeply moved by the plight of the Doggetts and other Wenatchee
families. Along with other Congressmen, he campaigned relentlessly for
hearings. These hearings are essential if justice is to be done.
But. they won t happen until the American people demand them, demand
justice, demand accountability, and demand a system of child protection
which assures both child safety and the integrity of the family.
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Hopkins is executive director of the non-profit National Justice
Committee in San Diego, which documents cases of false child abuse
accusations and works for reform.