April 26, 2013

By 1997, when the college textbook “Family Violence Across the Lifespan” was first published, the most grievous excesses of the day-care ritual-abuse panic had passed (although it would be two more years before Little Rascals prosecutors dropped a final, unrelated charge against Bob Kelly).

The authors, social scientists at Pepperdine University, devoted entire sections to “Do Children Fabricate Reports of Child Sexual Abuse?” and “The Satanic Ritual Abuse Controversy.” More on those issues here.

Their approach is thoughtfully skeptical, but they can’t quite bring themselves to call baloney on those peers whose ill-conceived claims ginned up the “controversy” or whose gullibility prolonged it. For example:

“If there is so little evidence confirming the existence of SRA, why do so many perceive the SRA threat to be real? One reason is that… therapists, police officers and child protection authorities, who are often required to attend seminars on current developments in their field, are exposed to SRA ‘experts’…. These seminars tend to employ proselytizing techniques characteristic of organizations seeking recruits. Many well-meaning helping professionals, who are generally motivated by the desire to help abused clients, become convinced of the existence of SRA through these seminars (such as the one at Kill Devil Hills)….”

“Family Violence…” has proved popular enough to justify a third edition (2011), in which all mention of ritual abuse has been removed.

I asked sociologist Robin D. Perrin, one of the authors, to trace his thinking on the subject between editions.

“I suppose one could argue that the ‘Satanic Ritual Abuse’ issue is a bit dated at this point,” he replied, “as the Satanism scare has mostly faded into the sunset. But it is still a fascinating page in history, if nothing else….

“As for our approach on these issues, I think ‘thoughtfully skeptical’ is probably fair. You are correct that we fall far short of an outright denial of the validity of all ritual abuse claims. I am quite certain we are not in position to do that. In fact, given the history of mistreatment of children (both ‘then’ and ‘now’) I have no doubt that ‘ritual’ abuse has occurred (depending on how it is defined, of course).”

March 1, 2013

“Now, you can ask yourself why did the jury believe these things? How could the jury believe that, as in the Amirault (day-care ritual-abuse) case, old Mrs. Amirault, one of the most upright of citizens, had suddenly turned at the age of 67 into a child molester who raped children?

“She was accused and convicted of inserting a stick into the body orifice of a little boy, tied him to a tree stark naked in front of everyone, in front of the house in Massachusetts, and the children all attested to this, the ones that were part of the case. Now, who would believe this?…

“But if you have a prosecutor who tells the jury, ‘Here are all of these brave children. These brave children have come forward to ask that you credit their story because they have endured so much suffering, and if you don’t do this, you’re betraying the children’ — it is not easy to find a jury that is stalwart enough to say, ‘Hey, you know, this really is a pile of nonsense.’”

– From a C-SPAN “Booknotes” interview with Dorothy Rabinowitz, author of “No Crueler Tyrannies: Accusation, False Witness and Other Terrors of Our Times” (May 4, 2003).

Dec. 10, 2014

“More than a decade ago, I wrote about the McMartin preschool case, and other satanic ritual child abuse accusations that turned out to be false. Back then, the slogan many supporters of the accusations brandished was, ‘Believe the Children.’ It was an antidote to skepticism about real claims of child abuse, just as today, ‘Believe the Victims’ is a reaction to a long history of callous oversight of rape accusations.

“ ‘Believe the Victims’ makes sense as a starting presumption, but a presumption of belief should never preclude questions. It’s not wrong or disrespectful for reporters to ask for corroboration, or for editors to insist on it. Truth-seeking won’t undermine efforts to prevent campus sexual assault and protect its victims; it should make them stronger and more effective.”

– From “Reporting on Rape” by Margaret Talbot at newyorker.com (Dec. 7)

Given the prosecution’s strategic secrecy, the pursuit of corroboration in the Little Rascals case presented an enormous challenge. But news coverage could been far more skeptical and revealing – perhaps even game-changing. The editor of the News & Observer certainly thought so.

Jan. 29, 2016

“The release last month of ‘Making a Murderer’ capped a year in which popular culture’s portrayal of the criminal justice system seems to have shifted. Out with the old tropes about truth-seeking investigators and tidy resolutions; in with the disquieting, dysfunctional reality of many courtrooms and police stations….

“Yes, post-conviction DNA testing and the work of Innocence Projects around the country have exonerated more than 1,700 defendants. Those cases heighten awareness of potential errors and demonstrate that wrongful convictions happen. But Americans shouldn’t expect certainty about innocence. Sometimes the focus on finding new evidence to exonerate distracts from the question of whether the old evidence proved guilt….

Read more here. Cached here.

“Fewer than 70,000 federal felonies are prosecuted each year, while roughly 2.5 million felonies proceed through the state courts. Many state cases involve near-simultaneous investigation and prosecution. One rarely finds out ‘what really happened.’

“The prosecutor in Avery’s trial argued in his closing statement that ‘reasonable doubts are for innocent people.’ They are not. And procedural protections like access to defense counsel and freedom from coerced interrogations extend to both the innocent and the guilty. The real contribution of these documentaries is not to ask ‘whodunit’ but to reveal what was done to defendants….

“The United States criminal justice system needs fewer guilt-assuming interrogation tactics, more disclosure of potentially exculpatory information to the defense, expanded oversight units within prosecutors’ offices to investigate potential miscarriages of justice and fuller appellate scrutiny of convictions.

“The moment is ripe for reform, culturally and politically….”

– From by “ ‘Making a Murderer’ Is About Justice, Not Truth” by Lisa Kern Griffin, Duke Law professor and former federal prosecutor, in the New York Times (Jan. 12)

Will this heightened skepticism about the nation’s justice system ever trickle down to exonerate the Edenton Seven and free Junior Chandler?