JUSTICE COMMISSION SUBMISSION
Sept. 15/98 (1530)
Ladies and Gentleman
My name is Lloyd Corney.
The thrust of my presentation is that therapeutic or counseling notes must be made fully available to both sides in all legal actions.
Over the past 20 years the belief in therapy also known as "Talk Healing", has exploded into the lives of people living in the Western World. We have come to believe that as individuals none of us is capable of handling emotionally any of the unfortunate and undesired traumas caused by the world we live in and the deformities of our human nature.
This new found necessity has produced a horde of therapists of various qualifications and doctrines waiting and willing to minister to every glitch in life. A stock-pile of therapists waits like a swarm of locusts to render their wizardry in all ranges of events, from children who know kids who were friends of people who fell off horses to the most serious of tragedies such as rape and death.
Recently, in court cases and in which the "cleansing power of therapy" has been utilized, a major and highly emotional charged debate over the release of therapeutic notes has ensued.
There are generally three positions:
Clinical notes should not be provided to the defence. The sway of this belief is that to reveal the private thoughts of the "victim' to the defence is in essence to subject the "victim" to a repeat of the alleged crime.
Clinical notes should be released to the judge, that he might decide which if any parts of the notes apply to the trial. The judge would then make available only those relevant parts to the defence.
The clinical notes in total should be released to the defence.
I realize that on this contentious issue most everyone has already decided where they stand and no amount of rhetorical persuasion on my part will change their minds.
In the next 7 minutes I intend to hold two trials. The first one without clinical notes. The second one with clinical notes. Both trials will represent the same incident. This is not a make believe situation. Everything I say will be factual. It is an actual and terribly sad story.
I am an accused sexual offender. If there are different categories of sexual offenders, and I believe there are, I am accused of being the worst. For I am accused of sexually abusing my 3 daughters from age two or less into their teenage years. This alleged abuse includes rape and other violent debasing actions to horrible for me to speak, over a period of twenty years.
Let the first trial begin:
Ladies and Gentleman of the jury.
The history of this family is as follows.
Defendant and wife married for 27 years.
Defendant recently retired with 30 years of military service
Three children, all girls
Eldest daughter/sister died in 1981 of leukemia after one year in hospital
Ages of other two girls in 1990, Sharon 24, Vicki 21
On Nov. 7,1990, father returned home in afternoon to find following note:
I never understood what you meant when on several occasions, you said, "I know I've been a bad father," but I understand now. I also understand some of the things Marilyn said to me before she died, I now know you have sexually abused Marilyn, Sharon and Vicki. Sharon and Vicki have been in therapy for two months and are in excruciating pain and fear. Some days they wish they were dead, How could you do this to them, I don't even know you??? I detest you, I want you out of the house, you have one week to re-locate. You can get a message to me through my lawyer, I don't want to see you.
Helen. (the wife)
That pretty much quantifies the wife's statements of husband's guilt. It should be noted that under examination she said she never saw anything that would indicate this abuse took place.
He started sexually abusing us at a very early age up to early teens. This included all types of sexual abuse including intercourse.
He raped me and I am afraid he will come back and do it again.
Daughter's combined statement through lawyer:
The abuse was so severe that both girls, as children, repressed all knowledge of the abuse until approximately August of 1990.
"My expertise is in counselling adult survivors of sexual abuse, and Ms. Corney's case is clearly in the category of severe.
The accused, the father:
I didn't do it.
Prosecution's summation of non-clinical notes trial:
We have two, obviously traumatized young women crying as they relate tales of abuse. These memories include colors of past floor coverings and even the odor of car seat covers or body areas.
Mother says he is guilty although she concedes that never saw anything improper.
"Expert" the therapist says:
He is guilty.
I didn't do it.
You can believe me that in this scenario, in 1991 the defendant will be found guilty as a sex offender and he will go to prison.
ENTER THERAPEUTIC CLINICAL NOTES:
Note - there is only one set of clinical notes the other therapist provided over one year of therapy and swore under oath that she did not keep even one word of notes. She said it was not necessary.
Session 3. Sept. 19/90
"Danced around the childhood experiences. Still not able to recall
Session 26 Mar 6/91
Upset that photos do not match memories. Needs this concrete backup to help herself believe that this happened to her.
Session 41 June 19/91
Memories outside of sess. coming up to just under the surface but not breaking through.
Session 47 Aug. 6/91
"Break through" memory of Dad
Session 45 Jul. 25/91
Sister Vicki having trouble with visual memories
[Others accused of abuse. Remember in the "non Clinical notes trial" only the father is accused.]
Session 14 Dec 5/90
Memory - Unnamed cousin suggested form of sexual abuse. Mother present. Mother doesn't remember incident.
Session 14 Dec 5/90
Memory - Teacher sexually assaults Sharon
Session 36 May 15/91
Memory - Marilyn, deceased sister, sexually abused Sharon
Session 58 Cot 30/91
Memory Father and Grandfather sexually abuse Sharon
Session 68 Feb. 11/92
Memory Sexually abuse by father, man and dog.
Session 34 May 1/91
Non-memory - Sharon reports to therapist that boyfriend's father "Kisses granddaughter (Name withheld) on the mouth". Therapist "Cautioned Sharon to let sister-in-law (Name withheld) know to be very careful re leaving baby when grandpa is around.
[Note: Another family is "under the suspicion" and negatively affected by the agenda of the therapist.]
Vicki's memories as reported by Sharon in her therapy.
Session 15 Dec 12/90
Memory - Sexually abused by father day of Marilyn's funeral
Session 40 Jun 12/91
Memory - Mother sees sexual abuse by father and walks away because she doesn't care. Mother later say she has no memory of this incident. Mother's therapist says Mother does not know consciously but sub-consciously she does.
Session 54 Sept. 30/91
Vicki raped by father and two un-named friends
Session 59 Nov. 6/91
Memory Vicki raped by (name withheld) dad's friend.
Session 66 Dec 31/91
Memory Vicki sexually abused by Sharon. Sharon doesn't remember this.
And in a psychological report two years after the therapy had stopped. The psychiatrist says. "For the purposes of this report it doesn't matter who sexually abused her. However, she strongly suspects her father." Two years later they still just suspect?
Financial security parents destroyed
Man's reputation destroyed
Therapists still are providing their brand of therapy to unsuspecting individuals.
I don't know if I have, with this presentation, convinced you that therapeutic notes must be made available to the defence. I believe that if I had more time I could. Just remember that in any type of therapy the unknown "agenda" of the therapist will be heavily entangled into the mind of the patient. Example: If you go to a therapist who specializes in space alien abduction. It will not be long before you will believe that you are a victim of such abduction.
However, I am willing to bet that you are now convinced that if ever you or someone you care for is falsely accused of a crime everything must be done to gain access to all clinical notes. After all, without that information your defence is hindered, less than 100 percent.
And if you believe you should have those clinical notes to defend yourself, integrity demands that you allow others that same access.