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COSA
New Zealand Inc.
Casualties
of false Sexual Allegations New Zealand Incorporated
Chairperson:
John Lindsay Ph/Fax 03 312 9212
Secretary:
364 Harewood Road, Christchurch 8005, New Zealand
Newsletter
12
March
2002
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There
has been a five-fold increase in sexual abuse claims ('sensitive claims')
to ACC, New Zealand's "Accident Compensation Corporation,"
since the law firm of Wakefield's sent out a million fliers in January
2002.
Was
it sexual abuse, or the 'promise' held out by the Wakefield's fliers,
of a "lump sum of up to $25,000 and ongoing payments valued in excess
of $150,000"?
Was
it the new legislation bringing back lump sums?
Was
it all of these, combined with misunderstanding and opportunism?
How
do the legislation and Wakefield's 'initiative' add up?
Would
you be surprised to hear that what Wakefield's are on about has nothing
to do with the new legislation?
Is
the new legislation fair? Have they got it right? Is it therapeutic?
Has anything changed?
In
this issue we address the issues surrounding the new legislation,
the Injury Prevention Rehabilitation and Compensation Act 2002
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CONTENTS
Lump sum
payments - Catalyst for falsehoods and trauma, or rehabilitation and
fairness?
1.
Chronicle of recent changes and discussion re ACC: a confusing story
Firm's
offer worries false abuse group
2.
General information about the new Injury prevention legislation
3.
An Auckland focus on the milieu of the new Injury Prevention legislation
4.
The New Compensation Act
5.
Conclusions: How good is the sensitive claims system going to be from
1 April 2002?
Other
news about ACC and the assessment of abuse claims
Psychology
reps and ACC managers talk - Nov 2001
ACC
has a manager of ACC's relationship with the health sector
Former
head of Social Welfare Psychology Team, working regularly for CYFS,
fined and censured by Psychology Board
General
news
Investigative
journalist backgrounds false rape allegations
NZ
Law Conference 2001 - papers relevant to sex allegation cases
'Expert'
psychological evidence is rather questionable
Wenatchee
sex allegations cases: evidence of misconduct, and lessons to be
learned - paper by Jacqueline McMurtrie
New 'little'
witchhunts
Christchurch:
man's name suppression led to false rumours
Judge's
'porn site' visit whips up a storm-in-a-teacup
Australasian
news
Governor-General
declined patron role for survivor advocacy group
'PTSD',
'colonisation', 'Freud', US president of ISSD, Defence Department
- at Autralasian Trauma Stress Studies conference
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Home
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Lump
sum payments - catalyst for falsehoods and trauma, or rehabilitation
and fairness?
Note
that Lynley Hood in 'A City Possessed' backgrounds the establishment
of the ACC scheme on pp 88-94.
The
legal firm of Wakefield Associates by means of its Accident Compensation
Services section was going about its business for ACC claimants
back in 1999. As the following shows, they had found a loophole
where independence allowances are accumulated following successful
claims.
While
lump sums were abolished in 1992 , a woman last year successfully
argued before Judge Malcolm Beattie in the district court that she
was entitled to what was in effect a lump-sum payment going back
many years. [In theory 1992 was the end of lump sums,
but some sources put the actual cut-off date at 1996]. 'We
didn't cotton on until about four months ago' when the woman argued
this, said Gary Wakefield, Wakefield Associates. He said until a
change in the law in 1997, people were paid a weekly independence
allowance [at the time of the article it was $61.68 pw], from the
date they applied for it, but the 1997 legislation allowed people
to backdate their claim to when the injury occurred and receive
an accumulation of their weekly allowance. - The Herald, 1/2/99
p 5: 'People missing ACC payouts: lawyers' by Tony Stickley
These
accumulations possibly include accumulations of back-dated payments
for counselling.
Nearly
a year and a half later the move towards new Accident legislation
was initiated. The then-Minister for Accident Insurance, Michael
Cullen, announced in June 2000 that there would be new accident
legislation called the Injury Prevention, Rehabilitation and
Compensation Bill. A 4-fold increase in expenditure on accident
prevention and the title of the bill revealed a major focus. -
The Herald 7/6/00; Cullen backs off ACC promises by Richard Braddell
and Dita de Boni.
The
minister's framing of the bill divided attention between the reintroduction
of lump sums, and accident prevention; the latter was now in place
despite the strict meaning of 'accident'. [Is sexual
abuse an accident? As a letter published in a Christchurch paper
said, early in 2002, of a sexual abuse claim to ACC for mental injury,
"If such a claim is accepted, how can the event possibly have
happened by accident?" (D. Hamilton, Christchurch Star, 16/1/02
pB5). However, while this is true of the perpetrator, the person
getting the support, the victim of the abuse, has no control over
it.]
By
December the Bill was ready for introduction to the House. The package
was to include a $100,000 limit over a person's lifetime, and a
scale of payments. Opposition ACC spokesperson Gerry Brownlee (Ilam)
criticised the cap, saying that if someone became paraplegic, which
entitled them $100,000 compensation at that point, later lost their
sight, they could get no more compensation yet they deserved it.
He also said the way was paved for 'opening the floodgates' for
lump-sum payouts under the category of mental injury for sexual
abuse. - The Herald 1/12/01: '$100,000 cap on lump sum ACC payouts'
by Vernon Small.
How
the cap related to sexual abuse claims, and where sexual abuse fitted
into any scale, wasn't clear to the public at that time.
The
Minister of Accident Insurance Michael Cullen responded to questions
about the problems that lump sums for sexual abuse claims heralded,
such as spurious claims, saying that 'tight constraints' were planned.
He indicated that lumps sums and counselling were to be paid for,
even while criminal convictions would not be needed to succeed in
a claim, which was because it could 'disqualify many legitimate
victims'. - Dominion 8/12/00 p8: 'ACC sex-abuse payments to be
vetted, says Cullen' by David McLoughlin.
(Dr
Cullen ought not to have been satisfied that ACC had evidence of
the validity of all accepted claims. Gordon Waugh articulates where
the problem lies: "Despite the fact that numerous Ministers of ACC,
and ACC itself, have said in the past that "satisfactory, verified"
evidence of abuse is necessary, counsellors do not investigate or
corroborate claims" (Usenet 9/12/01).)
Gerry
Brownlee, National MP for Ilam, in the Opposition, spoke up again
but was weak on lump sums, and on lump sums related to sexual allegations,
silent. He criticised the government's giving to ACC the sole-provider
status for accident compensation insurance. - Gerry Brownlee 14/12/00
Press release 'Govt must take heed of ACC submissions'.
Mr
Brownlee later indicated support for a wide range of health professionals
remaining under ACC's system, and for keeping an eye out for detecting
fraud or unprofessional behaviour. - Gerry Brownlee 22/1/01 Press
release 'Nats policy of more ACC providers successful'.
In
March 2001, when the Accident Minister's portfolio (often called
ACC) was passed on, Dr Cullen said of the new Minister, the Hon
Lianne Dalziel, that it was in good hands, and that she had the
experience and suitability for it.
In
the same month ACC published "Therapy Guidelines, Adult Survivors
of Child Sexual Abuse" by Kim McGregor (ACC March 2001). It is a
summary of a literature review undertaken by McGregor for a PhD
thesis, from the Injury Prevention Research Centre at the University
of Auckland. The booklet, astoundingly, is based around the view
that adults who come to counselling will in fact have been sexually
abused even if they 'do not know it'. This seems autocratic as not
true, and thus dangerous. If ACC counsellors take this view, clients
will be subjected to this influence, and this is likely to result
in instances of false sexual allegations.
About
the middle of 2001, Disabilities Minister Ruth Dyson was appointed
Associate Minister of ACC. Disability issues and Injury issues seem
to be moving closer to together, and they clearly do have overlapping
areas. Of course the problem with sexual allegations being put into
this paradigm is that they may never have happened, and any person
pointed to, during allegations, as a 'cause', leads to a whole set
of problems.
In
August 2001 the New Zealand Law Society journal 'Lawtalk' showed
that they had made submissions to the select committee about the
IPR&C Bill. This article said that the Bill had incorporated some
changes recommended by the NZLS, but not the 'no-fault' recommendation
or the recommendations to include the word "accident" near "compensation"
in the title. It also had not picked up the recommendation to rationalise
the ACC legislation. - LawTalk 30/8/01; "Select committee picks
up NZLS recommendations" by Don Rennie; see http://www.nz-lawsoc.org.nz/lawtalk/568injury.htm
.
[Note
that the NZ Law Society was constituted under the Law Practitioners
Act 1955. The general functions of the NZLS are set out in Section
4 of the Law practitioners Act 1982. The LawTalk magazine put out
by the society is in accordance with provisions in this legislation.]
Late
in 2001 Wakefield Associates made the news in Taranaki, after a
small distribution of its fliers about sexual abuse. Re Wakefield
Associates: Daily News, Taranaki 8/10/01 p 3: 'Big response to sexual-abuse
flier' by Mark Birch.
Then,
in the new year, 2002, the whole country took notice after Wakefield's
flooded the country with a million of their fliers, with most householders
finding one in their letterbox.
The
front of the A4 sized folded fliers said "Victims of sexual abuse
have a legal right to ACC financial compensation". It went on "The
compensation may include lump sum payments and ongoing entitlements".
Inside, a large heading said: "You may be entitled to a lump sum
of up to $25,000 and ongoing payments valued in excess of $150,000".
The remainder of the flier was an "Authority to Act" form. There
was no mention of sexual abuse in this, but the firm's charges were
identified and contractual details of concern. A person who filled
in the form and sent if off by freepost, as provided for, could
retain only the other section, the one highlighting sexual abuse.
They would have no copy of the contract that they signed such as
for later reference.
The
fliers were a top news item. They also raised the profile of the
new legislation with respect to the sexual abuse component, and
the two were assumed to be related. Editorials and leading articles
across the country were explicit about the Wakefield fliers. They
took as the context, sexual abuse claims skyrocketing under the
previous lump sum regime, seeming to identify fraud as a possibility.
These two things combined brought a public outcry, with people fearing
a gravy train of false allegations. Someone caused an anthrax scare
at Wakefield's. However, Wakefield's figures do not relate to
impairment levels or the lump sums as detailed since then in relation
to compensation for sexual abuse claims under the new law (see
later).
ACC
and the Labour Department (it administers ACC legislation) lodged
a complaint with the NZ Law Society and the Commerce Commission
about the flier, and one or more private individuals - Wellington
psychologist Karen Frogley at least - and COSA NZ also, laid complaints.
(eg, 'ACC to file complaint�', Press 26/1/02, p 2; Delays blamed
on faulty forms, Press 26/3/02 p3.)
After
a special meeting, COSA formed a statement for the Christchurch
'Star' about Wakefield's flier, printed as "Firm's offer worries
false abuse group" (see below). COSA laid its complaint about the
Wakefield flier with the Canterbury District Law Society.
The
new legislation, COSA discovered, requires that both the date of
the claim, and the abuse, date from 1 April 2002 onwards. Taken
together, we can see that claims made in the period after the distribution
of Wakefield's fliers in January and before 1 April 2002, do not
come under the new legislation. They do, however, come under the
old legislation, as these various pieces have not been removed,
eg, Accident Insurance Act 1998 is still relevant for historical
claims.
The
day after the fliers were first distributed, an item said that ACC
sensitive claims manager Gail Kettle confirmed that people who claimed
to have been sexually abused would be able to make successful sensitive
claims based on the person's word. A day later ACC's lawyer Gerard
McGreevy, making the inference that this had meant historical abuse,
was recorded as saying:
"Ms
Kettle's confirmation in yesterday's Dominion that victims would
be able to get lump sums for abuse that happened years ago was
wrong."
Mr
McGreevy indicated without further comment on the preceding item,
that existing clients would continue to be entitled to the independence
allowance and other existing entitlements. - The Dominion 'Cash
for unproved sex abuse' 9/01/02 by David McLoughlin, p 1; The Dominion,
Wellington 10/01/02 'ACC 'wastes money' on sex victim campaign' by
David McLouglin.
The
old legislation allows for successful claims for 'historical abuse'
to result in payment of independence allowances that can be back-dated
and accumulated as indicated earlier.
Still
in January, in Wellington it was reported that ACC had sent out
large numbers of claims cards to doctors. A clinic nurse said at
her practice they looked after 500 people and they had been sent
100 cards. She saw the number as suggesting that ACC believed 1
in 5 of the staff (a workplace) had been abused, and accused ACC
of soliciting in the same way as Wakefield. - Dominion 10/1/02
ACC 'wastes money' on sex victim campaign by David McLoughlin.
Gerry
Brownlee (in a press release) said that privacy law prevents claims
being scrutinised by interested parties. Such a party could be a
person who realises that they have been, or are likely to have been,
falsely accused. At the same time Mr Brownlee supported lump sums
for some injuries but again criticised ACC's monopoly on compensation
provision.
Peter
Ellis said "It is clear New Zealand hasn't learned anything from
the Civic case," and it reminded him of the antics of ACC staffers
in 1992, during the developing Christchurch Civic case, who rushed
up to parents waving claim forms long before any charges were laid
against him. - Quoted by Frank Haden, Sunday Star-Times 13/01/02
in: Money for old sex abuse.
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Then
the following article,
based on a statement from COSA NZ Inc., was carried
by Christchurch's Star on 16/1/02, p 3.
A Christchurch
law firm's offer to help alleged sex abuse victims get compensation
may prompt a flow of false abuse claims, warns a locally based group
which supports victims of untrue allegations.
The
warning from Casualties Of false Sexual Allegations NZ Inc came in the
wake of moves by law firm Wakefield Associates to offer its services
to people who believed they were entitled to ACC compensation because
of sexual abuse.
Last
week the Christchurch Star reported how the firm distributed fliers
around New Zealand saying it could help alleged sex abuse victims get
lump sum-payouts of up to $25,000 and on-going payments through ACC.
COSA
chairperson John Lindsay said it was "a continuing concern" that, in
the absence of corroboration or mandatory investigation, sexual abuse
compensation may be based only on a counsellor's interpretation of the
claimant's behaviour.
Legislation
reinstating lump sum ACC payments for permanent impairment comes into
force on April 1.
The
group had grave concerns that the Wakefield initiative over legislation
that had not yet came into effect ran the risk of creating false allegations
for "physical gain" [COSA's statement had said 'fiscal gain' but the
statement was taken down by phone] or advantage in custody matters and
such allegations could lead to repercussions in the Family Court, he
said.
"It
is disappointing that the process of the legislation concerning ACC
sensitive claims (sexual abuse) has not been adequately conveyed to
the public and COSA finds itself analysing contradictory ministerial
and departmental statements that now require clarification."
Emotive
issue
The
group believed the use of "a highly emotive sex abuse issue as a promotional
contractual lever to encompass matters covered under ACC acts of 1972
and onwards, and including legislation not yet in existence, was "of
dubious merit".
Wakefield
Associates said it had had a lot of people responding to its flier who
were "absolutely thrilled" about the offer.
But
ACC said the claim process was clearly defined and using a lawyer would
not influence a person's eligibility for accident cover.
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Chronicle contd.
Three
weeks into February - and about 6 weeks after Wakefield distributed
their fliers - reports out of ACC showed the 'Wakefield effect': ACC
had received an average of 500 new sexual abuse claims a week in the
new year; the rate before having been about 100 per week. - The Press
21/2/02 p 1 Sex abuse claims up after leaflet - ACC.
"Only
500 claims in a week? Girls, you're so bashful! Get in the queue!" said
Rosemary McLeod in an opinion column. She finished up saying: "Yes,
we must queue up quickly, while we can still get away with it. The time
will inevitably come when nobody will believe we had the cheek - still
less that we did it with a straight face". SST 24/2/02 p A9 'The
real abuse is of the system'.
The
new scheme was then the subject of an Insight programme on National
Radio (17/3/02; a transcript is available at http://www4.wave.co.nz/~brianr/ACC/).
Lynley Hood feared the scheme would act like a sign saying 'get your
free money here', and said that for all 'injuries' except sexual abuse,
ACC expected proof and confirmation. Gordon Waugh backed this up, saying
that while sexual abuse happens, for ACC to accept sexual abuse claims
and spend taxpayer's money on them, they should have evidence rather
than just allegations. Victoria University psychology lecturer Maryanne
Garry roundly criticised McGregor's therapy guidelines, saying she provided
a kind of scaffolding, and what clients could be doing was "building,
hanging information that they're creating, on this scaffolding". Dr
David Rankin, ACC's manager of the health sector relationship, said
ACC in a vigorous exercise has re-registered its counsellors, reducing
them by a 3rd to 600, based on 'volumes and outcomes'. Minister
Lianne Dalziel, and counsellors, also contributed to this radio programme.
ACC's
stance was argued in an article the same day, with Hood reiterating
her views. Fred Seymour, director of clinical training at Auckland University,
disputing her, said ACC guidelines weren't responsible for producing
false memories because clients "can't get ACC counselling until someone
else has agreed the person qualifies to see a counsellor." Gordon Waugh
- showing that the procedure was first (a) the claimant applies to ACC
via a form, then (b) the client picks a counsellor, and then (c) the
counsellor makes a cover report - said Seymour's assertion was nonsense.
Barry Parsonson, Hamilton clinical psychologist and president of the
Psychological Society, also disputed the guidelines, saying it was his
personal view that "not every client that comes is somehow hiding sexual
abuse under an umbrella of another problem." ('ACC: sex abuse cause
�' by Donna Chisholm SST 17/3/02; 'Abuse humbug', Gordon Waugh SST 24/3/02).
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In early
February, Auckland's Herald published a very informative article, with
an illuminating table, on aspects of ACC's impairment ratings, and lumps
sums. No such material has appeared in Christchurch's Press. We reproduce
the table and summarise some of the points made in the Herald's item.
- New Zealand Herald 4/02/02: Tough rules for bigger ACC payouts.
Injury
(description) |
Level
of impairment (prescription) |
Compensation
(amounts or ranges) |
Common
lower back injury |
0-5% |
Nil |
Amputation
- little finger or ring finger |
5% |
Nil |
Back
injury causing pain & muscle wasting |
10%
|
$2,500
|
Sexual
abuse |
0-20% |
$0
- $6,459 |
Amputation
- index or middle finger |
11%
|
$2,837
|
Amputation
- thumb |
22% |
$7,427
|
Total
loss of vision - one eye |
24% |
$8,465 |
Amputation
- leg below knee |
32% |
$13,409
|
Amputation
- leg |
40%
|
$19,920
|
Amputation
- arm below elbow |
57%
|
$41,424
|
Amputation
- arm |
60% |
$46,704 |
Paraplegia |
80% |
$100,000
|
Total
loss of vision |
85% |
$100,000 |
Tetraplegia |
90% |
$100,000
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- The new scheme
would pay lump sums to about 6000 people a year and cost 'only' $55
million. [Sensitive Claims costs
for 2000/1 totalled 'only' $17.6 million (webpage containing 'injury-statistics-200�/sensitive-by-expenditure.htm).
Also the estimate of 6000 (115 pw) is too low, with recent rates at
4 X that, 500 pw, so the cost estimate may be too low. Also see: 5.
Conclusions.] The old lump-sum scheme paid
more than 15,000 people a total of $245 million in its 'last year' in
1991-92.
- Many claims under
the old scheme were for historical sexual abuse claims, but the new
scheme did not include these as it applied only to incidents after April
1 (Accident Insurance Act 1998 still covers 'historical' allegations).
- The new scheme
will pay out only on the basis of permanent loss or impairment, not
on "pain, suffering and loss of the enjoyment of life". Under the old
scheme, the pain and suffering element was worth up to $17,000, and
for sexual abuse in particular this element was worth up to $10,000.
[A man has reported that, about 10 years ago, he was
falsely accused in sexual allegations, and that later he was awarded
ACC compensation for the harm it caused him; it seems to have been awarded
for his 'pain and suffering'. While the new regulations, which do not
work on the basis of 'psychological harm' ('pain, suffering and loss
of enjoyment of life'), mean this won't be available for events after
1 April 2002, for prior events the status quo should remain.]
- "[Previously with
lump sums] if you had been sexually abused it was $10,000." said the
ACC Chief Executive Garry Wilson. "Under the new scheme it � will only
be paid on disability, or ongoing impairment. So for someone who breaks
an arm, they won't get anything apart from medical attention, because
their arm will get fixed".
- According to Sensitive
Claims Unit Manager Gail Kettle, fewer than 10% of the people who claimed
ACC subsidies for sexual abuse that occurred after 1 April 2002 would
qualify for lump sums, and then only after 1-2 years (counselling and
support) if it became clear 'the abuse' had permanently impaired their
daily activities. [Individual counselling (with up to
a $56 subsidy from ACC a week), and 'Groupwork counselling,' are part
of the rehabilitation package.]
- People assessed
with a permanent impairment of less than 10% impaired will get no lump
sum compensation.
- Although the criteria
for lump sums will be the same as for the existing independence allowances,
ACC expected more people to apply for the lump sums - their projected
figure of 6000 a year fits here - than applied for independence allowances,
which only amounted to 364 new independence allowances last year. This
was because many people did not bother to apply for independence allowances
because they were only small weekly amounts. When the payouts become
lump sums, that can be expected to change, as people entitled to this
compensation will see their applications as worth-while, Mr Wilson said.
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'Unravelling
secrets of sexual abuse' - Herald article of 2/02/02 by Simon
Collins
In
this article, three cases were cited including that of Gordon Waugh
and his family, where they were subject to false allegations of their
daughter, supported by her sister, of sexual abuse 30 years ago.
The
writer followed through on Gordon Waugh's targeting of the Auckland
University's clinical psychology training programme, in relation to
the now-systemic problems.
'Did
the programme only accept into its streams people who believe in recovered
memories?' seemed to be the question the reporter put to people with
links to the department. Dr Robert Mann, a former lecturer, seemed to
affirm the possibility. Mike Corballis, currently a professor there,
said however that while a few years ago he had been worried about the
selection criteria ('there were rumours that [candidates] had to cry'
to get into the course, he said), he now contributed to the selection
committee. The implication was that things there were different now.
But
Waugh and Mann are still suspicious because a co-director for the course
is a Dr John Read, who, apart from being an outspoken survivor of sexual
abuse, supports recovered memories, and has co-authored a paper about
a purported sexual abuse-schizophrenia link.
Three
unnamed former students and a former interview-attendee said that at
interviews for entrance into the course, the subject of recovered memory
of sexual abuse did not arise. However, one reported 'feeling � that
you � have to basically agree with everything they say or you might
have problems", but another argued that in the course there was skepticism
about recovered memory, so the students were exposed to 'both sides'.
But 'Are practical help and reasonable indications as to where to draw
the line, given?' a skeptic might ask.
The article also
stated some rates of sexual abuse, supposedly derived from a University
of Otago survey of 2000 women in the late 80s. It claimed:
- there was a clear
link between childhood sexual abuse and later mental illness;
- there was a higher
rate of broken families in individuals reporting sexual abuse incidents,
and
- there was a higher
incidence of admission to psychiatric care in that group.
[Comment:
Dr Harlene Hayne of Otago's Psychology Department thought the study
referred to in the article was one by Judy Martin, Jessie Anderson,
Sarah Romans, Paul Mullen, and Martine O'Shea, titled "Asking about
childhood sexual abuse: Methodological implications of a two-stage
survey", and published in Child Abuse & Neglect, volume 17, 1993,
pages 383-392. This is a known paper from a study of 2000 Otago
women. Dr Hayne wrote: "If this is the correct article, here are
my comments regarding the story in the Herald:"
The
Herald wrote: "An Otago University survey of 2000 Dunedin women
in the late 80s found that 32 per cent said they had been sexually
abused before the age of 16."
Dr
Hayne wrote: "I think this statement does not adequately reflect
the data. The target question was not about sexual "abuse." It
was "Before the age of 16, did you ever have an unwanted sexual
experience with someone older or bigger than you?" The answers
to this question included rape and fondling, but it also included
"noncontact" events, such as exposure."
The
Herald wrote: "Of these, 20 per cent had experienced genital contact,
and 6 per cent actual or attempted intercourse. The perpetrator
was a family member in 38 per cent of cases, an acquaintance for
46 per cent and a stranger for 15 per cent. One in 10 stepfathers
and one in 100 natural fathers had sexually abused their children."
Dr
Hayne wrote: "There were no details about these issues in the
paper that I have. Perhaps they were published somewhere else."
The
Herald wrote: "The study found a clear link between childhood sexual
abuse and later mental illness. Even after allowing for other casual
factors such as broken families, women who suffered sexual abuse
involving intercourse in childhood were 12 times more likely than
the average woman to be admitted to hospital for psychiatric care
later."
Dr
Hayne wrote: "Again, there were no details regarding this issue
in the paper that I read".]
'Counsellors
say', the article went on, that ACC has been much more restrictive about
giving financial compensation for sexual abuse since 1997, when it began
using American Medical Association guidelines to assess people's impairment
by injuries. It noted that the weekly "independence allowances" had
dropped from 2.7% of clients in 1996-97 to 0.8 % in 2000-01.
The
article said a stabilisation concept would apply. This, apparently a
new concept, is that each lump sum payment will depend on the person's
impairment condition having stabilised.
ACC
was tightening controls on '700' private sector counsellors who get
ACC subsidies for sexual abuse cases (the Insight program later said
they have recently been reduced to 600). Also, from later this year,
a new group of clinical psychologists and psychiatrists will assess
all clients independently after 10 counselling sessions, said Sensitive
Claims manager Gail Kettle.
Sexually
abused children admitted to Auckland's Starship Hospital dropped from
700 a year in the early 1990s to 300-400 in the past year. Criminal
convictions for sex offences against under 17-year olds dropped from
2066 in 1996 to 1173 in 2000. This meant that 10 years after complaints
peaked, there were tentative signs increased public awareness might
be starting to change the actual level of abuse, said the author, journalist
Simon Collins. [Equally it could mean the false component had decreased
after advocacy and education had the right effect].
Ian
Hassall, ex-Children's Commissioner, commented. Psychologist Miriam
Saphira, and John McCarthy, of the Auckland Safe network program for
abusers, theorised on why people abuse.
People
puzzling about drop in child sex cases - Herald article by Simon
Collins of 2/2/02
This
article repeated the Starship figures previously referred to, and added
that:
- CYF's findings
of child sex abuse fell 20% to 1399 from 1997 to June 2000,
- convictions for
sex offences against under-17s almost halved to 1173 in the four years
to 2000, and
- sexual abuse
claims to ACC dropped from 10,892 in 1992-3 to a low of 4872 in 1999-2000.
Then in a reverse trend, they rose slightly in the year to June 2001.
Four out of five
of the latter were adults reporting childhood abuse, he wrote.
Physical abuse and
neglect referrals to Starship had fluctuated in the 1994-2000 period
with numbers under 300 a year, the range being large (170-270), but
of a factor of less than 100%. At the same time, child sexual abuse
referrals after starting much higher had trended generally down, and
by more than a 100%, ie, from 700 in 1994, to 550, 565, 500, 440, 410
and then 300.
Dr Kelly attributed
some of the rise in the period prior to 1994 to changes in people's
willingness (or incentives, COSA might suggest), to report incidents,
rather than changes in rates.
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4.
The New Compensation Act
PART
1 of the Act states the purpose of the Act and definitions.
PART
2 of the Act determines whether a person has cover. S21 says
the act provides cover for a person who has a mental injury, when the
mental injury is caused by an act performed by another person, when
the injury was first felt inside or outside NZ, and when the injury
was an act falling within certain criminal acts as listed in the Crimes
Act 1961. These acts are defined in the 'Third schedule', which lists
20 criminal acts. 18 of these are sexual, about forced or deviant or
inappropriate sexual acts, or related to sex organs (ie, female genital
mutilation or related). One item is 'Assault on a child, or by a male
on a female' and a note appended says that for the purposes of IPRC
Act, the assault means a sexual assault; however, note that there is
a gender discrimination in it. The remaining crime in the list is 'Infecting
with disease'. It also needs to be noted that the following is listed
as a crime capable of being covered by the act through mental injury:
'Anal intercourse' (not just a 'forced' or 'unwanted' instance). S27
defines mental injury as 'a clinically significant behavioural, cognitive,
or psychological dysfunction'. S36 says that the date on which
a person suffers mental injury is the date on which the person first
receives treatment for that mental injury.
PART
3 of the Act comprises a code of ACC claimants rights, and procedures
for claims (some of this promises future details will be added), and
the process the Corporation must follow. S53 delineates the timeframe
for lodging claims. It says both that claims must be lodged within the
time set (1 year), and that if a claim is late they must not decline
it unless 'the claim's lateness prejudices the Corporation in its ability
to make decisions'. In sections on the Corporation's processes, S56
first distinguishes that mental injury comes under a special category
called complicated claims (along with some other injuries, eg, injuries
caused gradually). S57 states the corporation's process and obligations
re complicated claims. These seem straightforward, except that the matter
of extensions of time is mentioned. S58 says if the corporation
hasn't let the claimant know whether their claim has been accepted by
their own deadline, 'the effect is that the claimant has a decision
that the claimant has cover'. S66 says the Corporation must keep
every claim file for at least 10 years after the date of the latest
action they record.
PART
4 sets out what the entitlements are, and in S69 names them
as (a) rehabilitation (comprising treatment, social rehabilitation,
and vocational rehabilitation); (b) first week compensation; (c) weekly
compensation; (d) lump sum compensation for permanent impairment; and
(e) funeral grants, survivors' grants, weekly compensation for the spouse,
children and other dependants of a deceased claimant, and child care
payments. S116 provides for lump sums to be subject to adjustments
according to the CPI (Consumer Price Index). S127 refers to weekly
and lump sum entitlements of claimants outside New Zealand.
PART
9 is Miscellaneous provisions. S326 Regulations relating
to lump sums specify that the Governor General, on the recommendation
of the Minister (eg, by Order in Council), may
- make regulations
specifying when a claimant's condition is to be regarded as stabilized,
- make regulations
that refer to or use the American Medical Association Guides or other
guides (relating to the assessment of permanent impairment) including
any mixture of them,
- amend lump sums,
- prescribe calculations
and rules for cases where a person has suffered more than one personal
injury that is a permanent impairment,
- provide calculations
and rules for determining and adjusting the whole-person impairment
score that take into account injuries received before 1 April 2002,
- prescribe a scale
of lump sums so that the amount goes up exponentially or otherwise
as the degree of impairment increases, and
- prescribe such
other matters as may be desirable re these lump sums and their settings.
In
advising the Governor General of changes, the Minister must have consulted
with persons or organizations s/he deems most suitable to be consulted.
Claimants must be allowed to inspect material referred to or incorporated
by any of the regulations.
The
FIRST SCHEDULE to the Act, in its Part 3, covers Lump
sum compensation for permanent impairment. Under 55 Transitional
limits it says effectively that if a mental injury resulted from
an act that occurred before 1 April 2002 there is no entitlement to
lump sum compensation. But it also says 'If a person's eligibility for
lump sum compensation for permanent impairment under this schedule is
excluded by this clause and the person has suffered personal injury
for which the person has cover because of section 36 or section 37 or
section 38 [S37 and S38 are not relevant for sensitive
claims; S36 is covered above], Part 4 of the Accident Insurance
Act 1998 applies to the person for the purpose of deciding whether the
person has an entitlement to an independence allowance." (This is a
clause that says the old legislation applies to them and they can make
a claim for the independence allowance and receive it if their claim
is accepted.[The Independence Allowance is $64.39 per
week; under the new Act, if applied, it may be graded down for impairment
levels less than 80%.]) Under 56 it says where the amounts
of lump sums are specified, that the minimum impairment to qualify is
10%, that the minimum lump sum then is $2,500, that the maximum lump
sum payable for a ('likely' - see 57(1) (b) (ii)) permanent impairment,
of the highest level ie 80% is $100,000. 57 says that for a lump
sum, a medical certificate needs to be filed after up to 2 years counselling,
with the suitably-qualified doctor assessing that the injury is 'likely'
to be a permanent impairment. If the person for which the claim is made
is under 16, the matter is not assessed until they attain the age 16,
unless there are compelling reasons for it being assessed earlier. The
corporation is to pay the costs of the certificate. Under 58
it says the Corporation must appoint and pay as many assessors as it
needs. Under 59 it says after the Corporation receives the notification
that the client's condition is stable, the corporation must authorize
an assessor to assess the claimant according to the Act. The assessor
must note any previous lump sum claim paid, and the whole-person effect
must be worked out. No person shall be claimed to have more than 100%
whole-person impairment. Under 60 it describes the calculation
to be applied to the lump sum (subtraction of previous amount for example
from the amount applicable for the whole-person assessment), and the
requirements of advising the claimant of the impairment assessment and
the amount. 61 is about reassessment, and 62 about paying
a person's estate if applicable.
See
http://rangi.knowledge-basket.co.nz/gpacts/public/text/2001/an/049.html.
We
have highlighted only some elements of the legislation.
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5.
Conclusions: How good is the sensitive claims system going to be from
1 April 2002?
The system from
1 April 2002 will comprise both the old system and the new.
Thinking about
the new system, the first thing that might be noted is the legal
block on assessment of lump-sum-claims for alleged sexual abuse in children
until they are 16. This is a good change, perhaps for deterring a carer
from materialising false sexual allegations regarding a child - for
the carer's gratification but to everyone else's detriment, the accused's
in particular.
Any lump sum is
an incentive for allegations, true or false, so this is a problem at
the start. But, for adults, the introduction of a period of time of
up to 2 yrs, before the assessment is made, could allow time for misdirected
enthusiasm to be wane, be exposed, and/or be corrected. Formulating
lump sums so as to depend on the client stabilising, will act to shorten
some agony.
Turning to next
year's counselling costs alone, using ACC's figure of 6000 new claims,
this amounts to $33.6 million (max), based on the going rate
of subsidy, $56 per hour, and 50 hours for 2 years. This - their 'maximum'
- is 5 times last year's counselling costs (which were 'only' $6.8 million),
and just under 2 times the whole costs last year.[In
2000/1, counselling at 38.9% was the largest component of ACC's Sensitive
Claims costs. Total costs were $17.6 million. The other items were 'Weekly
Compensation' 26.2%, Independence Allowance 14%, Social Rehabilitation
11.5%, 'Other' 8.2%, and Medical Services 1.2%.] However, the
recent rate would equate to 25,000 new claims, making for each element
to be multiplied by 4, alarmingly.
The introduction
of a referral stage, to an outside assessor, after 10 sessions, gives
a hope that the ACC counsellors' approach will be 'audited' for professionalism
and skills, but time will tell.
In terms of the
legislation and regulations, the clear quantification of the 'impairment
levels' in a table including placing sexual abuse at between 0 and 20%,
and the overshadowing of this by conditions such as tetraplegia, and
the graded lump sums associated with each of these, may act for the
good, tending to contextualise and de-catastrophise some sexual allegations.
It is already apparent,
as feared, that the re-introduction of lump sums for sexual abuse will
be irresistible to claimants, whether factitious or real, but we hope
that under the new system while the target carrot is there, misguided
claimants may not be able to reach it. Of course, the top figure is
$6,459, not "$25,000 and ongoing payments valued in excess of $150,000"
as Wakefield stated - their figures being related to back-payments,
not lump sums proper.
In respect of
the old ACC legislation that remains in effect for alleged events
before 1 April 2002, we can say that the false historical claims that
have already been accepted will remain entrenched, along with their
collateral damage, and the way is open for more to be added, especially
with the incentive of back-dated accumulations still in place, via Wakefield's
method.
In respect of
the new and old legislations combined, if rigged claims continue
to be pursued by misguided people because of acceptance by gullible
counsellors, then human rights violations will continue to be brought
down on unjustly targeted individuals even when they do not have access
to their identification in claims as alleged perpetrators. Feeling they
have no recourse, they and the public alike will remain seemingly hypnotised
into inaction.
The meaning of the
review, re-registration, and number reduction of ACC sensitive claims
counsellors, by means of assessment of their 'volumes and outcomes,'
is not transparent. It will be for the good if the less competent counsellors
have been trimmed, but if ACC was guided in the process by its own autocratic
'Therapy Guidelines,' as seems likely, the more clear-headed counsellors
who don't toe that line may have been culled as 'heretics' (as 'M' faced
- see A City Possessed), and the situation made worse, with even more
fertile ground for the growth of false sexual allegations. Maryanne
Garry, Gordon Waugh, Lynley Hood, and Barry Parsonson have all challenged
the stance of ACC's guidelines (and Felicity Goodyear-Smith also, see
COSA #9, 5/01).
The system after
1 April 2002 is going to be a mixed bag. Real sexual abuse will arguably
be better 'caught', but false sexual allegations will occur, because
of human nature when there are financial incentives and because ACC's
guidelines are wrongly accorded the high moral ground.
False sexual allegations,
where the accused are aware, will take a severe toll on them, in terms
of their physical and mental health, relationships, work opportunities
and capacities, and legal costs, which - if any - are high, and their
close kin will be dragged into this too. There will be damage to justice,
and muddled complainants. Employers will pay higher ACC levies.
Is this fair?
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Other
news about ACC and the assessment of abuse claims
Psychology
reps and ACC managers talk - Nov 2001
Representatives
from the NZ Psychological Society and NZCCP (NZ College of Clinical
Psychologists) met with ACC managers on 22 November in 2001, to discuss
issues relating to:
"� counsellor
accreditation; independent assessment criteria; peer review of counsellor
applications; and processes for future consultation with professional
bodies on matters relevant to members."
(seen at the New
Zealand Psychological Society website www.psychology.org.nz/, but the
item is no longer there).
NZCCP is a non-profit
organization that is "the first professional services organisation for
Clinical Psychology in New Zealand". They are "committed to public and
professional education, the representation of the profession and the
quality practice of Clinical Psychology in New Zealand" (http://www.clinicalpsychology.org.nz/).
Currently their base is Dunedin.
The talk seems likely
to have been related to the assessment of sexual abuse claims, and possibly
to the new legislation. It also came just 2 weeks after the censure
of a prominent child psychologist over false sexual abuse allegations
(see below). The meeting of the parties can be cautiously seen as a
hopeful sign that responsible knowledgeable groups are keeping an eye
on counselling carried for ACC. We hope they have an understanding of
false sexual allegations.
ACC
has a manager of ACC's relationship with the health sector
A Dr David Rankin
is the manager of ACC's relationship with the health sector, the Insight
program on Radio NZ recently showed (as per another item). Dr Rankin
could help mediate the different health interest groups and their approaches
in relation to the quality and outcome of counselling services that
ACC contracts.
He will benefit
the health sector and society if he helps eliminate biased and bad counselling.
Former
head of Social Welfare Psychology Team, working regularly for CYFS,
fined and censured by Psychology Board
A former head of
Social Welfare's psychology team, Prue Vincent, who works for the government
unit called Child, Youth, and Family Services, has been fined and censured
by the Psychologist's Board for botching a sex abuse investigation,
reports said in December 2001.
In the background
was a case involving a man left wrongly accused of molesting his young
children. Reports said he had spent $82,000 proclaiming his innocence.
He cannot be identified to protect the children's identity. He still
cannot see his children because of the proceedings against him. It was
confirmed that it was he who had complained to the Board.
Ms Vincent, in front
of the Board on 12 November 2001, pleaded guilty on a number of counts
to conduct unbecoming, in relation to the man's case. She was fined
$5000 and given a letter of censure. The Board stopped short of stopping
her from practising, and didn't intend publishing her name. However,
the Dominion fought to have her named, and in response Ms Vincent fought
them, in the courts, but ultimately she abandoned this, with the Dominion
winning.
According to a report,
the charges that she pled guilty to were that she:
- Allowed the mother
to be present at interviews with the children. " Interviewed the children
together.
- Used books dealing
with sexual abuse during her assessment.
- Used leading
questions during interviews.
- Did not observe
the children in their wider environment or with their father.
- Did not interview
the father as a reference source.
- Did not consider
other explanations for the children's behaviour.
- Accepted "without
question" the mother's testimony while asking the father to put his
rebuttals in writing.
She also failed
to make "a transition in methodology" from her initial role as an assessor
with Child, Youth and Family, to that of a court-appointed psychologist
during access hearings. It was during these proceedings when she had
sessions with the children that they claimed to have been sexually abused.
Ms Vincent claimed
later that she was not to blame for the decision made in the man's case
in the Family Court, comprising a number of decisions between 1994 and
1999. She implied that since the court scrutinised her work and cross-examined
her rigorously when she appeared, she was not responsible for the court
decisions of abuse in those instances.
Chair of the Psychologists
Board Sue O'Shea said after 5 hearings the Board found Ms Vincent's
conduct to be 'a significant departure from expected standards', and
the Board hadn't suspended or struck her off because her malpractice
wasn't deliberate and she pleaded guilty.
Fine,
censure in botched inquiry (Herald 4/12/01); Psychologist still working
(Press, c 4/12/01); I am not to blame, says psychologist (Press 5/12/01
p6). Radio NZ interview of Sue O'Shea of c. 4/12/01
NB.The
websites www.menz.org.nz/news.htm and http://www4.wave.co.nz/~brianr/PrueVincent/
have more news on the affair.
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General news
Investigative
journalist backgrounds false rape allegations
An alleged rape
by 3 men in early January 2002 turned out to have been made up by a
young woman who had been babysitting her 2 brothers in a suburban park.
Journalist Sarah Prestwood responded by writing 'Rape: what motivates
a false complaint'. Originally in Wellington's Dominion, her article
was reprinted in Christchurch's Press (22/1/02 p 7).
Starting from the
early January case in Porirua, Prestwood went on to expand on the milieu.
She wrote of the South Auckland Police having a criminal profiling unit
where they are profiling false rape complainants as well as alleged
or real offenders, and she detailed aspects of several other recent
false rape cases and their circumstances, one including a false ACC
claim. She quoted Felicity Goodyear-Smith who emphasised that the acknowledgement
of false rape claims was an important issue, just as the presumption
of innocence in sexual allegations also was, and that there should be
penalties for false rape complainants. Ms Prestwood spoke to Jan Jordan
of Victoria University, who studies rape victims and the response of
police; Ms Jordan said there aren't very many false rape complaints,
but Prestwood noted that the police kept no figures.
In the
article, COSA was in passing described as having disbanded, which clearly
was wrong (The Press should have known this as it has carried clearly
labelled notices of COSA's public meetings for a number of years in
its 'Community Events' section.) COSA wrote to The Press asking for
a correction and making additional points. A similar letter was sent
to The Dominion, and the author of the piece was notified as well. There
were no responses.
NZ
Law Conference 2001 - papers relevant to sex allegation cases
Since the 'NZ
Law Conference 2001' held in Christchurch in October, just a few
days after Lynley Hood's book was published, material from papers has
become available at the web site http://www.conference.co.nz/law2001/.
Links there take you to the programme or contributions.
Two papers that
have a psychological perspective and that consider abuse issues in relation
to the law, are "Expert evidence" by Dawn Elder, and 'Who's afraid of
the big bad wolf" by Lew Richards, et al. Also, "Changing family" by
Carol Smart may be of interest to some. However, two other papers are
expanded on below; they are by Ian Freckelton and Jacqueline McMurtrie.
'Expert'
psychological evidence is rather questionable
Ian Freckelton
(Barrister-at-Law, and holding Professorial positions in law, medicine
and psychology at Monash and La Trobe Univerities, in Melbourne, Victoria),
in Whom do I believe? contextualised some concepts that law sometimes
uses in relation to contested cases. He instances acrimonious proceedings
following marital discord and child sexual allegations. He plays
down the promise of psychology's ability to contribute to evidence in
such cases to a realistic level; suggests potential solutions; and critiques
CSAAS (Child Sexual Abuse Accommodation Syndrome), showing the misuse
of Roland Summit's notions. He clarifies that Summit has now said that
the use of retractions to 'prove' abuse is not helpful in determining
whether sexual abuse actually took place. Summit stated that he would
now rather he had called it CSAAC (a condition). He had wanted the counterintuitiveness
- ie, that reporting of real abuse can be well delayed - to be named
and noted, and he had not expected or wanted his findings used for diagnostic
judgemental purposes, such as when trying to separate true from false
allegations. Freckelton says both Parental Alienation Syndrome (PAS)
and CSAAS were misused like this. He adds that expert evidence about
such matters is not generally permitted in Australian courts, although
by contrast s23G of the New Zealand Evidence Act significantly opens
the door to this kind of questionable evidence. http://www.conference.co.nz/law2001/freckelton.pdf
Wenatchee
sex allegations cases: evidence of misconduct, and lessons to be learned
- paper by Jacqueline McMurtrie
The abstract of
Jacqueline McMurtrie's paper "Justice - a cautionary tale - The
Wenatchee Cases" reads as follows:
In 1994
and 1995 in Wenatchee, Washington, over 60 adults were arrested on
29,726 charges of child-sex abuse involving children. When questions
about the propriety of the investigation surfaced in 1998, Innocence
Project Northwest (IPNW) gathered a group of lawyers who agreed to
provide pro bono representation to 13 people who remained in prison.
These 13 individuals were particularly vulnerable; they were poor,
they no longer had a right to court appointed counsel and many were
illiterate or developmentally disabled. Each of the imprisoned Wenatchee
defendants was assigned a defense team of volunteer lawyers and law
students. In all, over 40 law students and 40 attorneys, from solo
practitioners to partners at law firms, donated their time. Over the
next two years, ten of the clients represented by IPNW volunteers
were freed through the representation of the IPNW legal teams and
three clients were released from prison before their appeals were
concluded. The attorneys and students received a pro bono award in
December of 2000 from The National Law Journal, in recognition of
the group's outstanding advocacy.
"Justice
- a Cautionary Tale" will review the evidence of misconduct that was
uncovered during the course of the IPNW investigations. Children who
denied being victims of abuse were told what others had disclosed
and accused of either hiding something or lying. Many children were
subjected to multiple interviews with some interviews lasting as long
as six hours. Children who recanted were ordered by social workers
to be taken to mental heath facilities out of the area. Adults were
considered suspects before there was an alleged victim. Coercive measures
were used during lengthy interrogations to extract confessions. Public
defenders were underpaid and few were experienced in handling complex
cases. The miscarriages of justice that occurred in Wenatchee were
pervasive and systemic, but they are not unique. The presentation
will conclude with lessons we can learn from the Wenatchee cases about
the need for reform within the legal system to guard against conviction
of the innocent.
See
http://www.conference.co.nz/law2001/pdf%20files/McMurtrieF2.pdf
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New
'little' witchhunts
Christchurch:
man's name suppression led to false rumours
Christchurch in
February 2002 was afflicted by a minor witch hunt over a man who reportedly
made arrangements to procure a 12 year old girl for sex. Her mother,
actually a policewoman, in a sting operation, who talked about a 12
year old as her daughter but who didn't exist, led him to understand
the girl was available. The man was charged and found guilty. He got
name suppression 'to protect his employees'. Then rumour-mongers identified
different men as the culprit, including a high-profile car dealer, the
owner of KBs bakery, and the businessman behind Paul Hunter Furniture.
None of these were
correct.
Many articles were
written about the affair, including 'Businessmen still in limbo over
name suppression' by John Henzell (The Press 22/2/02 p 1). As well,
the matter was addressed in editorials (eg, The Press wrote two), and
in a flurry of letters, across the country. Also, a member of the judiciary
criticised The Press for overplaying an aspect of the case.
During the fracas,
the Dean for the Christchurch Anglican Cathedral was moved to write
in his column about the 'Vicious Squad'. This severely castigated rumour-mongers
and character assassins. He used terms like mean spirit, cowardice and
stupidity ('A great week for the Vicious Squad' by John Bluck, The Press
18/2/02). He mentioned the Civic case as an aside.
COSA extends sympathy
and understanding to those businessmen wrongly victimised in such a
malicious way.
The man convicted
was named, after an appeal, and he turned out to be a nobody to the
public.
Judge's
'porn site' visit whips up a storm-in-a-teacup
The other incipient
mass response or witchhunt was over Judge Fisher, who had visited 'a
sex site' on a judicial computer during work hours. These sites were
not about illegal activities, it has been stated, and not disputed.
While the bottom line is that he was doing nothing legally wrong, or
even morally wrong, some would say a society that accepts all this is
less than ideal.
Unrelated to any
argument about content, Lynley Hood sent off a cracker, when, in a bout
of real annoyance, she wrote to The Press saying she recognized a witchhunt
in the making (22/2/02 p6). She was criticised by D. Cresswell (Press
5/3/02 p 8) for her forceful language. Ms Hood has since indicated that
she wrote quickly, and as strongly as she did, in the first flush of
her response on the matter. She wrote quickly because Prime Minister
Helen Clark and Attorney General Margaret Wilson had started to express
a preference for seeing the Judge removed, which, as she saw it, was
to bow to pressure by over-reacting. She felt to stop a witch-hunt over
something legal and not uncommon, was the prime objective. There was
a community feeling beginning to rise and it did amount to
more than the situation justified, and this overreaction has been averted.
Lynley Hood's intuition to respond as she did seems to have been correct.
Shortly after Hood's
letter, people got the courage to write (or perhaps it was the papers
that got the courage to publish), items taking a moderate line and advancing
varied views. As one retired judge said, I once watched a murder mystery,
so did it mean I shouldn't have adjudicated on a murder case?
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Australasian
news
Governor-General
declined patron role for survivor advocacy group
Emotive headlines
in recent newspaper reports suggested that the Australian Governor-General
Dr Peter Hollingworth, Archbishop of Brisbane in the 1990s, had a lack
of support for child sexual abuse survivors. The recent furore, with
calls for his resignation, over alleged sexual abuse, and cover-ups,
in the church, distorted the level of knowledge and awareness that he
and his advisors actually seem to have. They are very well informed.
That is not to say that all of the allegations relating to abuse and
cover-up are false. There may be rather questions of proportion, and
of assessment of truth, where these will be the deciding factors in
what amount of attention is due to any real abuse, and to imagined.
A 2001 report shows
one aspect of what's behind the affair, when it says:
"When Peter Hollingworth
succeeded Sir William Deane as Governor-General last year, he refused
to take over as the patron of a child abuse charity, Advocates for
Survivors of Child Abuse. At the time, Hollingworth's senior adviser,
Kevin Davidson, told ASCA the new Governor-General was deeply concerned
about child abuse and supported initiatives that would lead to its
eradication. "However . . . the extent of debate that surrounds therapy
relying on recovered memories, with which ASCA is closely associated,
is such that there is an unavoidable risk of the office of Governor-General
becoming involved in controversy," Davidson wrote." In these circumstances,
Dr Hollingworth must regretfully decline your invitation." -'Hollingworth
withdraws backing � 'The Australian', 22/12/01 p4
The Royal Australian
and New Zealand College of Psychiatrists has asked Hollingworth to defend
his continuing role as its patron. It has put 9 questions to him about
his attitudes towards child sexual abuse and the protection of institutions
from legal action by victims (NZ Herald 1/3/02).
More may be heard,
maybe around the time of the 37th Congress of the College in Brisbane
this year (28/4/02-1/5/02).
'PTSD',
'colonisation', 'Freud', US president of ISSD, Defence Department -
at Autralasian Trauma Stress Studies conference
The 9th annual conference
of the Australasian Society for Trauma Stress Studies (ASTSS) "Beyond
PTSD: Clinical and Societal Implications of the Emerging Trauma Paradigm"
was held in Auckland on 7-10/3/02, during the furore over Dr Hollingworth,
and as another Australian row occurred: a Senator Heffernan made false
sex allegations about a Judge Kirby, and was made to apologise (not
resign; this is a correction for this newsletter, made since it was
first posted). We don't know if these timing coincidences are connected.
Keynote speakers
at the ASTSS included Celia Lashlie on 'societal implications of trauma
and violence', NZ Associate Minister of Maori Affairs Tariana Turia,
on 'cultural trauma and colonisation', and Joyanna Silberg (President
of the US group the ISSD; see our Newsletter Issue 9 of May 2001 for
more details), on 'the links between trauma, dissociation and various
child and adult disorders'. There was a contribution from the Australian
Department of Defence. A Jeffrey Moussaieff Masson (Jeffrey Masson),
a Canadian living in Auckland (his wife Leila, is a pediatrician), spoke
on 'Freud, Ferenczi and the abandonment of trauma'.
We would hope that
good sense prevailed there.
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COSA
has received support from Christchurch Community Trust and Christchurch
City Council
If
you want to send us a contribution by email, please do so to [email protected]
Opinions
expressed in this newsletter are not necessarily those of COSA
New Zealand Inc.
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