Well before she became famous — or infamous, depending on where you cast your vote — Loftus's findings on memory distortion were clearly commodifiable. In the 1970s and 1980s she provided assistance to defense attorneys eager to prove to juries that eyewitness accounts are not the same as camcorders. "I've helped a lot of people," she says. Some of those people: the Hillside Strangler, the Menendez brothers, Oliver North, Ted Bundy. "Ted Bundy?" I ask, when she tells this to me. Loftus laughs. "This was before we knew he was Bundy. He hadn't been accused of murder yet." "How can you be so confident the people you're representing are really innocent?" I ask. She doesn't directly answer. She says, "In court, I go by the evidence.... Outside of court, I'm human and entitled to my human feelings. "What, I wonder are her human feelings about the letter from a child-abuse survivor who wrote, "Let me tell you what false memory syndrome does to people like me, as if you care. It makes us into liars. False memory syndrome is so much more chic than child abuse.... But there are children who tonight while you sleep are being raped, and beaten. These children may never tell because 'no one will believe them.'" "Plenty of "Plenty of people will believe them," says Loftus. Pshaw! She has a raucous laugh and a voice with a bit of wheedle in it. She is strange, I think, a little loose inside. She veers between the professional and the personal with an alarming alacrity," she could easily have been talking about herself.
Two other highly vocal FMSF Advisory Board members are Dr Elizabeth Loftus and Professor Richard Ofshe. Loftus is a respected academic psychologist whose much quoted laboratory experiment of successfully implanting a fictitious childhood memory of being lost in a shopping mall is frequently used to defend the false memory syndrome argument. In the experiment, older family members persuaded younger ones of the (supposedly) never real event. However, Loftus herself says that being lost, which almost everyone has experienced, is in no way similar to being abused. Jennifer Freyd comments on the shopping mall experiment in Betrayal Trauma (1996): “If this demonstration proves to hold up under replication it suggests both that therapists can induce false memories and, even more directly, that older family members play a powerful role in defining reality for dependent younger family members." (p. 104). Elizabeth Loftus herself was sexually abused as a child by a male babysitter and admits to blacking the perpetrator out of her memory, although she never forgot the incident. In her autobiography, Witness for the Defence, she talks of experiencing flashbacks of this abusive incident on occasion in court in 1985 (Loftus &Ketcham, 1991, p.149)In her teens, having been told by an uncle that she had found her mother's drowned body, she then started to visualize the scene. Her brother later told her that she had not found the body. Dr Loftus's successful academic career has run parallel to her even more high profile career as an expert witness in court, for the defence of those accused of rape, murder, and child abuse. She is described in her own book as the expert who puts memory on trial, sometimes with frightening implications.She used her theories on the unreliability of memory to cast doubt, in 1975, on the testimony of the only eyewitness left alive who could identify Ted Bundy, the all American boy who was one of America's worst serial rapists and killers (Loftus & Ketcham, 1991, pp. 61-91). Not withstanding Dr Loftus's arguments, the judge kept Bundy in prison. Bundy was eventually tried, convicted and executed.
[Refers to 121 children taken into care in Cleveland due to suspected abuse (1987) and later returned to their parents]Sue Richardson, the child abuse consultant at the heart of the crisis, watched as cases began to unravel: “All the focus started to fall on the medical findings; other supportive evidence, mainly which we held in the social services department, started to be screened out. A situation developed where the cases either were proven or fell on the basis of medical evidence alone. Other evidence that was available to the court, very often then, never got put. We would have had statement from the child, the social workers and the child psychologist’s evidence from interviewing. We would have evidence of prior concerns, either from social workers or teachers, about the child’s behaviour or other symptoms that they might have been showing, which were completely aside from the medical findings. (Channel 4 1997) Ten years after the Cleveland crisis, Sue Richardson was adamant that evidence relating to children’s safety was not presented to the courts which subsequently returned those children to their parents: “I am saying that very clearly. In some cases, evidence was not put in the court. In other cases, agreements were made between lawyers not to put the case to the court at all, particularly as the crisis developed. Latterly, that children were sent home subject to informal agreements or agreements between lawyers. The cases never even got as far as the court. (Channel 4, 1997)”Nor is Richardson alone. Jayne Wynne, one of the Leeds paediatricians who had pioneered the use of RAD as an indicator of sexual abuse and who subsequently had detailed knowledge of many of the Cleveland children, remains concerned by the haphazard approach of the courts to their protection. I think the implication is that the children were left unprotected. The children who were being abused unfortunately returned to homes and the abuse may well have been ongoing. (Channel 4 1997)
But nothing in my previous work had prepared me for the experience of reinvestigating Cleveland. It is worth — given the passage of time — recalling the basic architecture of the Crisis: 121 children from many different and largely unrelated families had been taken into the care of Cleveland County Council in the three short months of the summer of 1987. (p18)The key to resolving the puzzle of Cleveland was the children. What had actually happened to them? Had they been abused - or had the paediatricians and social workers (as public opinion held) been over-zealous and plain wrong? Curiously — particularly given its high profile, year-long sittings and £5 million cost — this was the one central issue never addressed by the Butler-Sloss judicial testimony and sifting of internal evidence, the inquiry's remit did not require it to answer the main question. Ten years after the crisis, my colleagues and I set about reconstructing the records of the 121 children at its heart to determine exactly what had happened to them... (p19)Eventually, though, we did assemble the data given to the Butler-Sloss Inquiry. This divided into two categories: the confidential material, presented in camera, and the transcripts of public sessions of the hearings. Putting the two together we assembled our own database on the children each identified only by the code-letters assigned to them by Butler-Sloss. When it was finished, this database told a startlingly different story from the public myth. In every case there was some prima fade evidence to suggest the possibility of abuse. Far from the media fiction of parents taking their children to Middlesbrough General Hospital for a tummy ache or a sore thumb and suddenly being presented with a diagnosis of child sexual abuse, the true story was of families known to social services for months or years, histories of physical and sexual abuse of siblings and of prior discussions with parents about these concerns. In several of the cases the children themselves had made detailed disclosures of abuse; many of the pre-verbal children displayed severe emotional or behavioural symptoms consistent with sexual abuse. There were even some families in which a convicted sex offender had moved in with mother and children. (p20)
It is often said that Vietnam was the first television war. By the same token, Cleveland was the first war over the protection of children to be fought not in the courts, but in the media. By the summer of 1987 Cleveland had become above all, a hot media story. The Daily Mail, for example, had seven reporters, plus its northern editor, based in Middlesbrough full time. Most other news papers and television news teams followed suit. What were all the reporters looking for? Not children at risk. Not abusing adults. Aggrieved parents were the mother lode sought by these prospecting journalists. Many of these parents were only too happy to tell — and in some cases, it would appear, sell— their stories. Those stories are truly extraordinary. In many cases they bore almost no relation to the facts. Parents were allowed - encouraged to portray themselves as the innocent victims of a runaway witch-hunt and these accounts were duly fed to the public. Nowhere in any of the reporting is there any sign of counterbalancing information from child protection workers or the organisations that employed them. Throughout the summer of 1987 newspapers ‘reported’ what they termed a national scandal of innocent families torn apart. The claims were repeated in Parliament and then recycled as established ‘facts’ by the media. The result was that the courts themselves began to be paralysed by the power of this juggernaut of press reporting — ‘journalism’ which created and painstakingly fed a public mood which brooked no other version of the story. (p21)
One day in my pharmacology class, we were discussing the possibility of legalizing marijuana. The class was pretty evenly divided between those that advocated legalizing marijuana and those that did not. The professor said he wanted to hear from a few people on both sides of the argument. A couple students had the opportunity to stand in front of the class and present their arguments. One student got up and spoke about how any kind of marijuana use was morally wrong and how nobody in the class could give him any example of someone who needed marijuana.tA small girl in the back of the classroom raised her hand and said that she didn’t want to get up, but just wanted to comment that there are SOME situations in which people might need marijuana. The same boy from before spoke up and said that she needed to back up her statements and that he still stood by the fact that there wasn’t anyone who truly needed marijuana. tThe same girl in the back of the classroom slowly stood up. As she raised her head to look at the boy, I could physically see her calling on every drop of confidence in her body. She told us that her husband had cancer. She started to tear up, as she related how he couldn’t take any of the painkillers to deal with the radiation and chemotherapy treatments. His body was allergic and would have violent reactions to them. She told us how he had finally given in and tried marijuana. Not only did it help him to feel better, but it allowed him to have enough of an appetite to get the nutrients he so desperately needed.tShe started to sob as she told us that for the past month she had to meet with drug dealers to buy her husband the only medicine that would take the pain away. She struggled every day because according to society, she was a criminal, but she was willing to do anything she could to help her sick husband. Sobbing uncontrollably now, she ran out of the classroom. The whole classroom sat there in silence for a few minutes. Eventually, my professor asked, “Is there anyone that thinks this girl is doing something wrong?” Not one person raised their hand.