Information on Ralph Underwager _http://ritualabuse.us/research/memory-fms/ralph-underwager/_ (http://ritualabuse.us/research/memory-fms/ralph-underwager/) Information on Paul McHugh _http://ritualabuse.us/research/memory-fms/paul-mchugh/_ (http://ritualabuse.us/research/memory-fms/paul-mchugh/)
"The people who support and defend those accused of child sexual abuse indiscriminately, those who join organizations dedicated to defending people who are accused of child sexual abuse with no screening whatsoever to keep out those who are guilty as charged, are...not necessarily people engaged in an objective search for the truth. Some of them can and do use deceit, trickery, misstated research, harassment, intimidation, and charges of laundering federal money to silence their opponents." -- Confessions of a Whistle Blower: Lessons Learned, p. 122. _http://fmsf.com/ethics.shtml_ (http://fmsf.com/ethics.shtml) Ralph Underwager and Hollida Wakefield, Plaintiffs-Appellants, v. Anna Salter, Et Al., Defendants-Appellees., 22 F.3d 730 (7th Cir. 1994) Federal Circuits, 7th Cir. (April 25, 1994) Docket number: 93-2422 Psychologists Ralph Underwager and Hollida Wakefield have written two books: Accusations of Child Sexual Abuse (1988), and The Real World of Child Interrogations (1990). They conclude that most accusations of child sexual abuse stem from memories implanted by faulty clinical techniques rather than from sexual contact between children and adults. The books have not been well received in the medical and scientific press. A review of the first in the Journal of the American Medical Association concludes that the authors took a one-sided approach: "it may be that the adversarial system has so influenced this discussion [about child abuse] that objectivity no longer has value. The book contains almost 420 text pages and the authors cite over 700 references, but they do not really review this body of literature, they cross-examine it. When a given reference fails to support their viewpoint they simply misstate the conclusion. When they cannot use a quotation out of context from an article, they make unsupported statements, some of which are palpably untrue and others simply unprovable." David L. Chadwick, Book Review, in 261 JAMA 3035 (May 26, 1989).... Salter had for some years doubted that Underwager's books and testimony accurately reflected the clinical literature. After receiving a grant from the New England Association of Child Welfare Commissioners and Directors to finance an annotated bibliography of studies on child abuse interviews, Salter decided to concentrate on the papers Underwager and Wakefield had cited in their 1988 book. Over the course of 18 months Salter read the original works Underwager and Wakefield had discussed. In January 1990 she delivered to the New England Association a monograph titled: "Accuracy of Expert Testimony in Child Sexual Abuse Cases: A Case Study of Ralph Underwager and Hollida Wakefield." This unpublished monograph has been widely circulated; Salter sent a copy to the National Center for Prosecution of Child Abuse, which has made it available to prosecutors and other interested persons. The monograph is highly critical of the 1988 book and of Underwager's testimony. Like Dr. Chadwick's book review, the monograph states that the book misrepresents the studies, rips quotations from their context (and misleadingly redacts them), attributes to scholars positions they once held but have repudiated in light of more recent research, and ignores evidence contradicting its thesis. While Chadwick's indictment of the book advances conclusions but not the supporting evidence, Salter's is packed with details. For her interview with 60 Minutes Australia, however, Salter compressed her conclusions into popular language, telling Munro that Underwager "distorts the facts" and that his testimony in the Mr Bubbles case that 90% of all accusations of child molestation are wrong is "gobbledygook" unsupported by any scientific evidence.... What, then, does the record show about actual malice? Did Salter or Toth know that the statements were false? Did either one harbor doubts about the statements' truth yet plunge recklessly ahead? The record allows no doubt about the answer to either question, for either defendant. Salter testified by deposition that she read every one of the more than 500 papers her monograph discusses, and that she believes that her interpretation of these studies (and her condemnation of the Underwager and Wakefield interpretation) is correct. Salter's view of the scholarly literature is congruent with Dr. Chadwick's, and all of the other reviews we could find take Salter's side rather than plaintiffs'. Sandra Shrimpton, Book Review (of Accusations ...), 14 Child Abuse & Neglect 601-02 (1990); David L. Chadwick, Book Review (of Real World ...), 15 Child Abuse & Neglect 602-03 (1991); Lenore Olson, Book Review (of Real World ...), 37 Social Work 276 (1992); John E.B. Myers, The Child Sexual Abuse Literature: A Call for Greater Objectivity, 88 Mich.L.Rev. 1709, 1711-17 (1990) (discussing Accusations ... and two books by other authors). Some judges have reached a similar conclusion. For example, the Supreme Court of Washington held that Underwager's analysis and conclusions are not accepted by the scientific community, making it appropriate for a trial judge to preclude him from testifying. State v. Swan, 114 Wash.2d 613, 655-56, 790 P.2d 610, 632 (1990). See also Timmons v. Indiana, 584 N.E.2d 1108 (Ind.1992) (sustaining a decision to limit Underwager's testimony severely). Cf. Daubert v. Merrell Dow Pharmaceuticals, Inc., --- U.S. ----, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). It may be that Salter, the judges, and the book reviewers all err in evaluating the Underwager-Wakefield work. Scientific truth is elusive. Nothing in this record suggests, however, that Salter either knew that she was writing falsehoods or feared that she might be doing so but barged ahead without checking.... Both Salter and Toth came to believe that Underwager is a hired gun who makes a living by deceiving judges about the state of medical knowledge and thus assisting child molesters to evade punishment. Persons who hold such opinions cannot be expected to look kindly on their subjects, and the law certainly does not insist that they shut up as soon as they are challenged. Van Straten, 151 Wis.2d at 917-18, 447 N.W.2d at 110-11 (repeated publication did not establish actual malice when the speakers believed their statements to be true). Underwager and Wakefield cannot, simply by filing suit and crying "character assassination!", silence those who hold divergent views, no matter how adverse those views may be to plaintiffs' interests. Scientific controversies must be settled by the methods of science rather than by the methods of litigation. Cf. Buckley v. Fitzsimmons, No. 89-2441 (7th Cir. Apr. 6, 1994), slip op. 8-11 & n. 1, 20 F.3d 789, 796-97. More papers, more discussion, better data, and more satisfactory models--not larger awards of damages--mark the path toward superior understanding of the world around us. _http://vlex.com/vid/36092881_ (http://vlex.com/vid/36092881) **************Make your life easier with all your friends, email, and favorite sites in one place. Try it now. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000010)
