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11 J.L. & Health 303 (1996-1997)
Ridicule or Recourse: Parents Falsely Accused of Past Sexual Abuse Fight Back

handle is hein.journals/jlah11 and id is 311 raw text is: RIDICULE OR RECOURSE: PARENTS FALSELY ACCUSED OF PAST SEXUAL ABUSE FIGHT BACK I. INTRODUCTION .................................... 303 II. PSYCHOTHERAPY: CAN THESE MEMORIES BE TRUSTED? ...... 310 III. THIRD PARTY CAUSES OF ACTION AGAINST PSYCHOTHERAPISTS ................................. 314 A. Malpractice and Negligence ..................... 315 B. Infliction of Emotional Distress ................ 321 C. Defamation .................................. 326 D. Loss of Companionship and Society ................ 327 E. Breach of Contract ............................. 330 IV. CONCLUSION ..................................... 331 I. INTRODUCTION Gary Ramona was falsely accused of sexually molesting his twenty-three year-old daughter, Holly, when she was a child.1 Unlike many accused of such acts, Gary Ramona fought back. On May 13,1994, this former winery executive was awarded $500,000 by a California jury and, even more important, he gained vindication. Holly testified that between the ages of five and eight, her father repeatedly raped her.2 She based these accusations solely on memories recovered during recent psychological therapy for bulimia.3 She had not remembered any incidents of childhood sexual abuse until her therapists suggested that her bulimia was caused by past sexual abuse.4 Subsequently, her therapist injected her with sodium amytal (truth serum), and while sedated, Holly accused her father of raping her when she was a child.5 Her therapists assured her that it was impossible to fabricate stories while under sedation and actively encouraged her to confront her father.6 1 Mark Hansen, More False Memory Suits Likely, 80 A.B.A. J. 36 (Aug. 1994); Ramona v. Isabella, No. 61898 (Cal. App. Super. Ct. May 13, 1994). 2Id. 3Elizabeth F. Loftus & Laura A. Rosenwald, Buried Memories Shattered Lives, 79 A.B.A. J., 70, 71-72 (Nov. 1993). 41d. at 72. After the therapist told Holly's mother that 70 to 80 percent of bulimics have been sexually abused and after attending weekly group meetings, Holly reported having fuzzy flashbacks of sexual abuse by her father. Id. 51d. 6Loftus & Rosenwald, supra note 3, at 72.