The S.A.I.D. Syndrome
Sexual Allegations in Divorce
Allen Cowling - Cowling Investigations, Inc.
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False allegations of sexual abuse have become so wide spread in this country
during divorce that they have been given a name; the S.A.I.D. Syndrome -
Sexual Allegations in Divorce.
When a sexual allegation of any kind is made, a very necessary beginning
strategy for professionals is to regard their role as clinician-investigators,
not clinician-therapists. If they perceive that their first and foremost
task in intervention is to therapeutically deal with the impact of the experience
upon the child, they are then focusing their behavior on treatment. Treatment
processes are not consistent with investigative behaviors that demand
objectivity, skepticism, and open-mindedness in gathering data from all sources
involved in the situation.
An important beginning strategy in the SAID phenomenon is the question sequence
for the professional. Of necessity, this consists of an immediate and complete
conversation with the custodial parent or presenting adult. Structured
interrogation with this person should initially and specifically focus on
the following:
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Dysfunctional family elements such as a family on the verge of marital breakup.
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Divorce activity that has already been started.
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Divorce activity that has been unsuccessfully in progress for some time.
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Unresolved visitation or custody problems.
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Unresolved money issues as it relates to the divorce.
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The involvement by the parent(s) in ongoing relationships with others.
Any evidences of the aforementioned "red flag" dynamics are the professionals'
first clues to the potential of a SAID case. While phenomenon, these are
prima facie evidence that a case is a SAID phenomenon, the professional who
disregards these first red flags is potentially in error in his/her conclusions.
Normally, there is a most typical pattern that exists in the SAID Syndrome.
This includes one or more of the following dynamics:
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The allegation almost always surfaces only after separation and legal action
between the parents has begun.
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There is a history of family dysfunction with resultant unresolved divorce
conflict. This usually involves "hidden" underlying issues both spoken and
unspoken.
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The personality pattern of the female parent often tends to be that of a
hysterical personality.
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The personality pattern of the male parent tends to be that of the
passive-dependent personality.
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The child is typically a female under the age of eight who controls the
situation. Additionally, this child may show behavioral patterns of verbal
exaggerations, excessive willingness to indict, inappropriate affective
responses, and inconsistencies in relating the incident(s).
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The allegation is first communicated via the custodial parent, usually the
mother.
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The mother usually takes the child to an "expert" for further examination,
assessment, or treatment.
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The expert then often communicates to a court or other appropriate authorities
a concern and/or "confirmation"of apparent sexual abuse, usually identifying
the father as the alleged perpetrator.
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This typically causes the court to react to the "expert's" information by
acting in a predictably responsible manner, e.g., suspending or terminating
visitation, foreclosing on custodial arguments, or in some other way limiting
the child-parent interaction.
Professionals are essentially trained to accept at face value allegations
or statements made by children. Trainers and specialists who educate the
professionals working with children have established this principle. Thus,
the historical precedent which shapes perceptions has continued as clinical
"truths." To be effective in the SAID situation, the following guidelines
should be kept in mind by the professional:
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Remain neutral. Maintain an open and objective clinical perception of the
situation is the most important first step in guiding one's own behavior
in investigating this dilemma.
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Be aware of one's own set of biases. Pre-existing personal and/or professional
biases, e.g., "children don't lie; it is better to be safe than sorry;" and
other over-generalized principles are likely to elicit from the professional
a behavioral response that may be more damaging than helpful.
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Guard against presumption of guilt. Simply because an allegation is made
does not mean that it is automatically true (especially in divorce situations).
Objective listening, unbiased inquiry, insightful interviewing, and specialized
interrogation do not necessarily exclude the always appropriate professional
protocol of sensitivity to the situation and a general empathic appreciation
for all parties involved.
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Be aware of the ramifications of the input made to the court. Often times
professionals are not aware of the impact that a communication may have on
the situation. The effects may include unnecessary foreclosure of family
relationships, exacerbation of anxiety and guilt for the child, outrage and
despair by the accused perpetrator, false arrest, errant prosecution, and
unjustified punitiveness. It appears certain that at some point in the future,
professionals are going to have to be held accountable for the allegations
that they make, particularly in a public setting.
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The professional should recognize how their alignment with the reporting
parent's agenda reinforces the false validity in a SAID case. Frequently,
the presenting parent will use the "expert's" responses to the situation
to reinforce his or her perceptions and feelings of validation and justification.
Common sense and critical necessity mandate that one must take the role of
skillful investigator before evolving any other intervention behaviors in
the SAID case. This is because child sexual abuse allegations in the divorce
situation are initially more a problem of investigation than of treatment.
Immediate and absolute protection of the child/children is not always the
most desirable nor effective crisis intervention strategy. Traumatic disruption
may create irreparable and permanent breaches among family members. The most
critical and obvious investigation process involves interviewing and
interrogating the reporting parent with regard to the current status of the
family as it pertains to the divorce process; past, present, or future. In
addition, specific questions pertaining to the alleged sexual abuse itself
need to be asked: WHAT exactly happened, WHEN, WHERE, WHY and HOW. The allegation
needs to be scrutinized with intensity and the details carefully discussed
with all involved parties. Professionals are traditionally apprehensive about
proceeding in this manner lest the child be "traumatized." However, the long
range ramifications of these allegations, if misdiagnosed, can be more
"traumatic" than the stresses of these initial appropriate inquiries. Without
these initial inquiries prior to evaluating, assessing or working with the
"victim," the intervention specialist is acting unprofessionally, unethically
and naively.
Text References:
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Benedek, E.L. & Schetky, D.H. (1984, October) ALLEGATIONS OF SEXUAL ABUSE
IN CHILD CUSTODY CASES. Paper presented at the Annual Meeting of the American
Academy of Psychiatry and the Law, Nassau, Bahamas.
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Berliner, L. & Barbieri, M.K. (1984) THE TESTIMONY OF THE CHILD VICTIM
OF SEXUAL ASSAULT. Journal of Social Issues, 40(2) 125-137.
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Faller, K.C. (1984) IS THE CHILD VICTIM OF SEXUAL ABUSE TELLING THE TRUTH?
Child Abuse and Neglect, 8, 473-481.
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Goodman, G.S. (1984) THE CHILD WITNESS: CONCLUSIONS AND FUTURE DIRECTIONS
FOR RESEARCH AND LEGAL PRACTICE. Journal of Social Issues, 40(2), 157-175.
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Goodwin, J., Sahd, D. & Rada, R.T. (1980) INCEST HOAX: FALSE ACCUSATIONS,
FALSE DENIALS. In W.M. Holder (Ed.) Sexual Abuse of Children (pp. 37-45)
Englewood CO: The American Humane Assn. (Reprinted from the Bulletin of the
American Academy of Psychiatry and the Law, 1979, 6(3).)
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Health and Human Services (1984) CHILD SEXUAL ABUSE PREVENTION: TIPS TO PARENTS
(DDHS Publication No. 0-454-460:QL 3) Washington DC: US Government Printing
Office.
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Illusion Theater's Sexual Abuse Prevention Program (1981) TOUCH AND SEXUAL
ABUSE: HOW TO TALK TO YOUR CHILDREN Minneapolis MN: Author.
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Jiles, D. (1980) PROBLEMS IN THE ASSESSMENT OF SEXUAL ABUSE REFERRALS Sexual
Abuse of Children (pp.59-64) Englewood CO: The American Humane Assn.
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Kaplan, S.L., & Kaplan S.J. (1981) THE CHILD'S ACCUSATION OF SEXUAL ABUSE
DURING A DIVORCE AND CUSTODY STRUGGLE. The Hillside Journal of Clinical
Psychology, 3(1), 81-95.
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Paulson, M.J., Strouse, L. & Chaleff, A. (1982) INTRAFAMILIAL INCEST
AND SEXUAL MOLESTATION OF CHILDREN. The Rights of Children: Legal and
Psychological Perspectives (pp. 39-63) Springfield IL: Charles C. Thomas.
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Rush, F. (1980) THE BEST KEPT SECRET: SEXUAL ABUSE OF CHILDREN. Englewood
Cliffs NJ: Prentice-Hall.
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Schuman, D.C. (1984, October) FALSE ACCUSATIONS OF PHYSICAL AND SEXUAL ABUSE.
Paper presented at the Annual Conference of the American Academy of Psychiatry
and the Law, Nassau, Bahamas.
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Sgroi, S.M., Porter, F. & Blick, L. (1982) VALIDATION OF CHILD SEXUAL
ABUSE Handbook of Clinical Intervention in Child-Sexual Abuse (pp. 39-80)
Lexington MA: Lexington Books, D.C. Heath & Co.
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WHAT EVERYONE SHOULD KNOW ABOUT THE SEXUAL ABUSE OF CHILDREN (1983) South
Deerfield MA: Channing L. Beta Co., Inc.
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