False Allegations of Abuse

 

From its inception, Facilitated Communication has been plagued by false allegation of abuse cases brought by facilitators, often mandatory reporters, who believe so much in FC they buy into the myth that FC messages cannot be tested. By the mid-1990s, there were at least 60 of these cases. Instead of accepting that FC has no evidence to back up its claims of independent communication, proponents keep using the technique, distancing themselves from facilitators who they claim to be “bad” or “poorly trained.” This stance is particularly puzzling, since the first false allegation of abuse case in Australia, the “Carla” case, involved founder Rosemary Crossley and eight of her trained facilitators. Most of the cases (still occurring today) are, perhaps thankfully, settled out of court, but not before financial, social, and emotional damage has been done to those falsely accused—damage that does not simply vanish because the charges are dropped due to FC’s lack of scientific evidence. What follows are people’s stories, documented harms that effect families, educators, caregivers, and, most of all, the individuals with disabilities that proponents claim to want to protect. How many more people have to get hurt before they stop?

False Allegation of Abuse Cases

2018 Report of a False Allegation Case, Florida, United States


In 2018, a Florida man spent 35 days in jail and was barred from seeing his family for months because of false allegations of abuse brought against him from an elementary school teacher, Saul Fumero, using a method called hand-over-hand (aka facilitated communication) on the man’s 7-year-old son. Investigators found the claims to be outlandish. The facilitated communicated messages contained words and phrases unfamiliar to young children. It was later determined that, when paired with another teacher and specialists, the young boy lacked the ability to write words independently. DNA evidence came back negative and the charges were dropped due to “significant inconsistencies within the victim’s disclosures coupled with controversial means by which the disclosure was obtained, and a lack of corroborating witnesses.”

“Here again, in the name of protecting children, someone entrusted to take care of a kid has caused irreparable harm by concocting images of sexual abuse that came not from the kid, but from the caretaker. The teacher admitted that he had no training in ‘facilitated communication,’ though if he did, I’m not sure it would matter - he wold have received training in a bogus technique.” (Balko, 2018).

References:

Balko, R. (2018, March 8). Junk science leads to father’s wrongful arrest, false accusation of raping his son: The Florida dad couldn’t see his family for months before he was cleared. Washington Post.

Hitt, T. (2018, April 5). With communication method debunked, charges against autistic boy’s father dropped. Miami Herald.

Ovalle, D., and Gurney, K. (2018, March 8). How a teacher’s ‘junk science’ landed a dad in jail on charge of raping his autistic son. Miami Herald.


2017 Report of a False Allegation of Abuse Case, Wales, UK

In 2010, parents of a 19-year-old daughter with autism were arrested after carers, using facilitated communication, accused them of raping and abusing her. The father was imprisoned for 6 months before police and social services conceded that a discredited communication method was used and the allegations were unfounded. The Carmarthenshire County Council (CCC), in a 2014 admission letter, apologized and admitted it had failed to properly assess the woman’s ability to communicate and concluded she was “unlawfully deprived of her liberty.” She was awarded £30,000 compensation.

“It’s impossible to put into words the impact this has had on us as a family. The anguish and despair we felt was overwhelming. What else can I say? It was awful and I honestly believe if we hadn’t gotten [their daughter] back [the mother] would have died of a broken heart.” Father of the individual with autism.

References:

Anonymous. (2017, August 4). Daughter of Wolsingham man kept in secure unit for 6 months following false abuse allegations. The Northern Echo.

Devine, Darren (2012, November 13). Daughter taken from parents after unproven abuse claims; Doctor used wrong method to question autistic woman. The Western Mail. Edition 1, p. 15.


2017 Report of False Allegation of Abuse Case, Prince Edward Island, Canada

On February 7, 2015, a Prince Edward Island man arrived at his daughter’s group home only to be met by police officers who informed him he’d been accused of sexually assaulting her. For the next 6 months, he and his wife were prohibited from seeing her. The allegations were made by staff at the group home using facilitated communication. At the family’s insistence, an independent clinical psychologist was hired to evaluate the daughter, who was found to be incapable of making the allegations attributed to her. The facilitator continued to believe in FC, despite evidence that the communications were not those of the individual with autism.

On March 9, 2016, Judge Nancy Key of P.E.I. Supreme Court awarded the parents more than $61,000. The parents’ legal bills exceeded $200,000, though no charges were brought.

“The minister of health refused to carry out his statutorily mandated obligations to the detriment and great expense, both emotional and financial, of the…family. Even a cursory review of the studies of facilitated communication would have alerted the minister of health to the very real possibility the communications of (the woman) were not her communication.” Judge Nancy Key (MacDonald 2016)

Update: In March 2020, the family received an out-of-court settlement with the provincial government. The father is suing The Royal Canadian Mounted Police (RCMP) and Queens County Residential Services in Charlottetown for negligence and malicious prosecution.

References:

MacDonald, Michael. (2016, July 1). P.E.I. family shares nightmare story of battling ‘false’ sex-assault allegations. The Globe and Mail.

MacDonald, Michael (2021, June 28). Wrongly accused of sexually abusing his daughter, PEI man sues RCMP and group home. CKOM.com

Patten, Melanie. (2017, March 18). Doug Currie, Former P.E.I. Health Minister, Treated Autistic Woman’s Family in ‘Deplorable’ Manner. Huffington Post.


2016 Report of False Allegations of Abuse, Iowa, United States

In 2014, parents of a child with autism were falsely accused of sexually and physically abuse when a paraeducator for the Independence School District in Iowa used “hand-over-hand” (aka facilitated communication) to type out hundreds of pages the messages. The paraeducator was later charged with three counts of dissemination and exhibition of obscene materials to a minor and three counts of malicious prosecution. The jury found the paraeducator not guilty due to insufficient evidence.

References:

Magee, Dennis. (2016). Fayla Cannon trial begins in Buchanan County. The Courier.

Magee, Dennis. (2016, May 31). Jurors return six verdicts of not guilty in Fayla Cannon trial. Waterloo-Cedar Falls Courior. Cedar Falls, Iowa.


2016 Report of False Allegations of Abuse, New Jersey, United States

In 2013, a 61-year-old man from Denville, New Jersey was falsely accused of sexually assaulting a woman with autism. The facilitator, an aide at a group home where the woman resided, used a iPad to type out the allegations. The man maintained his innocence, but after three years decided to settle the case because of the financial burden (bail was $35,000), as well as the mental and physical toll on him and his family. The family was harassed and their home was vandalized. The assistant prosecutor in the case dismissed one charge of sexual assault. The man agreed to a pre-trial intervention program (PTI) and two years of probation to have a second charge, neglecting a disabled person, dismissed. The man’s lawyer told the reporter that FC had not been deem scientifically reliable by a court in New Jersey and noted the danger that the typed words were actually those of the facilitator.

Reference for this article:

Wright, Peggy. (2016, June 30). Denville man accused of molesting autistic woman admitted into PTI. Daily Record.


2012 - Reports on False Allegations of Abuse Cases in the United States

Gomstyn, A. (2012, January 7). Not just the Wendrows: Sex abuse cases dismissed after facilitated communication. ABC News.

This news report discusses a 2007 Oakland, Michigan case of false allegations brought by facilitated communication and provides a historical view of cases that had come before.

“It took years for her and her husband to overcome the trauma of their 1992 ordeal. Her son, who died 10 years ago, never let go of the anger he felt over how he was treated.” Maine mother whose family had been falsely accused of sexual abuse via facilitated messages.

This news report referenced the following case:


Boynton, J. (2012). Facilitated Communication—what harm it can do: Confessions of a former facilitator. Evidence-Based Communication Assessment and Intervention, 6:1, 3-13. DOI: 10.1080/17489539.2012.674680

This article explores one facilitator’s experience with FC, as the author of false allegations of abuse against the family of a student with autism. This first-hand account starts with learning about FC through to the double-blind testing.

“No one wants people to suffer or be unable to communicate effectively on their own. No one wants to believe that it is the facilitator who is the one doing the typing. But if I were a school administrator, educator, parent, caregiver, guidance counselor, lawyer, DHS worker, police officer, or judge, knowing what I know today about FC, I would not allow a single word to be typed on a keyboard on behalf of a child without first testing the facilitator in a controlled environment away from the supportive gaze of other believers. Every facilitator believes that he or she is one of the “good” ones. Every facilitator moves their communication partner’s arm and authors the FC messages.” p. 10

The following articles were written in response to the Boynton article

Mostert, M. (2012). Facilitated Communication: The empirical imperative to prevent further professional malpractice. Evidence-Based Communication Assessment and Intervention, 6 (1), 1-10. DOI: 10.1080/17489539.2012.693840

This article uses Boynton’s account as a beginning point to discuss the rise of FC, summarize previous FC research, and present an empirical imperative as a means of debunking FC claims.

“If the aim of constructing the phenomenon is in the best interests of the person receiving the intervention, it must be assumed that proponents will be willing to submit their intervention to empirical examination and, if and when contrary evidence surfaces, to then modify their claims. It is perhaps the surest sign that advocates’ claims are suspect that, when presented with compelling evidence to the contrary, this evidence is either ignored or tortuously explained away.” p. 25

Palfreman, J. (2012) The dark legacy of FC. Evidence-Based Communication Assessment and Intervention, 6 (1), 14-17. DOI: 10.1080/17489539.2012.688343

This article is a reaction to Boynton’s paper by the former producer of the Frontline report “Prisoners of Silence.”

“Perhaps most distressing, some two decades on, some overzealous prosecutors still do not seem to understand that pseudosciences like FC have no place in the criminal justice system.” p. 3

Sigafoos, J. and Schlosser, R. (2012) An experiential account of facilitated communication. Evidence-Based Communication Assessment and Intervention, 6 (1), 1-2. DOI: 10.1080/17489539.2012.710992

This article is an introduction to a series of articles examining FC, starting with Boynton’s article and followed by commentaries from individuals who have been following the FC phenomenon since its introduction to the United States in 1990.

“Bravely and honestly, Boynton came to accept the truth. FC, she realized, is a hoax. With this confession, she has publicly accepted her role in this hoax, but she should not be blamed nor condemned as a fraud. She, probably like most facilitators, was convinced of FC legitimacy. And why wouldn’t she have been so convinced? After all, she was told that it worked by a well-known professor at a major US university. Authority carries weight, and the expectancy effect is powerful. Her confession is important in shedding light on the process by which facilitators are indoctrinated and come to believe.” p. 1

In addition, the authors ask:

  1. Why do facilitators and proponents of FC strongly resist testing and its veracity?

  2. Why do they resist or dismiss the best evidence?

Todd , J.T. (2012) The moral obligation to be empirical: Comments on Boynton's “Facilitated Communication—what harm it can do: Confessions of a former facilitator”. Evidence-Based Communication Assessment and Intervention, 6 (1), 36-57. DOI: 10.1080/17489539.2012.704738

This article is a commentary on Boynton’s account and explores the potential legal ramifications of using a scientifically discredited technique in the classroom and the dangers of adopting FC-recommended forensic techniques to assess authorship of sensitive output, such as abuse allegations.

“In what follows, we explore a few of the many implications of Boynton’s (2012) valuable account. We will see that FC advocates have moved from simply being ignorant of the dangers of false claims of sexual abuse to actively advocating FC-based intimate relationships - and how that advocacy could inspired unprecedented legal actions against academics. We will understand how a deficient knowledge of basic experimental methodology leads FC advocates to propose as a “best practice” a potentially dangerous and counterproductive authorship validation strategy. We will examine how bizarre false allegations of sexual abuse may come into being and why they are probably inevitable. It will become clear that the problems associated with FC arise from the lack of an empirical foundation for the FC enterprise.” p. 3

Von Tetzchner, S. (2012) Understanding facilitated communication: Lessons from a former facilitator—Comments on Boynton. Evidence-Based Communication Assessment and Intervention, 6 (1), 28-35. DOI: 10.1080/17489539.2012.699729

This article is a commentary on Boynton’s article and discusses the nature of the facilitation process and why accusation of sexual and other forms of abuse have been so frequent.

“The fact that facilitation may lead to automatic writing thus has an important implication: Facilitators are unable to determine whether it is themselves or the individual they attempt to facilitate who is guiding a hand, and introspective reports therefore cannot be valid evidence in determining the origin of a message produced with facilitation (von Tetzchner, 1996).” p. 4

Vyse, S. (2018). An Artist with a Science-Based Mission. Skeptical Inquirer.

This article is an interview with former facilitator, Janyce Boynton, and discusses her experiences with facilitated communication first as a believer and then as a skeptic.


Alexander, B. (2009, December 12). Dark shadows loom over facilitated talk. NBC News.

In December 2009, MSNBC aired a segment called “Dark shadows loom over facilitated talk,” which featured a story about a family who, through facilitated messages, had been falsely accused of abusing their autistic child.

The Association for Science in Autism Treatment (ASAT) responded to the report.

”There is no methodologically sound research to support the effectiveness of FC and numerous peer-reviewed scientific analyses have replicated the findings of Wheeler. A number of professional organizations (e.g., American Academy of Pediatrics, Association for Behavior Analysis International, American Speech-Language-Hearing Association, and others) have issued policy statements condemning facilitated communication and have advised against its use. These policy statements were put forth in the mid-1990s and have remained in force.”


2008 Report of False Allegations in Benson, Oxfordshire, United Kingdom

In 2001, a deputy headmaster of an Oxfordshire college for young adults with disabilities was accused of abusing three individuals with autism. The allegations were made by facilitators using FC. His employers held an inquiry and exonerated him. Likewise, police were called to investigate and found no evidence. No criminal charges or convictions were brought. In 2005, a charity took over the college and ordered background checks. Due to a vetting law in the UK, criminal allegations, whether proven or not in court, remain on police suspect records and are disclosed to employers requesting background checks. The deputy headmaster was fired from his job. Since then, he has been unable to clear his name or work with children or vulnerable adults, permanently ending his career as an educator and damaging his reputation.

References:

Bingham, John. (2008, August 1). Teacher’s career is wrecked by ‘lies.’ The Daily Telegraph. London (UK). p. 11

Courenay-Smith, Natasha. (2008, August 27). Presumed Guilty. Daily Mail. London, (UK). p. 34

Palmer, Alasdair. (2008, June 29). This illogical law makes children the real victims. The Sunday Telegraph. London, (UK). p. 6

Verkaik, Robert. (2008, January 30). Police face legal challenge over criminal records checks. The Independent. London, (UK). p. 36


2008 Report of False Allegations in Michigan, United States

A West Bloomfield man was accused of raping his daughter by a teacher’s aid using facilitated communication. The daughter, age 14 at the time, was severely autistic and had little to no effective spoken language abilities. The father was jailed on charges of rape and abuse. The mother was charged with child abuse and witness intimidation. She was freed on bond, but was required to wear an electronic tether. The daughter and her 13-year-old brother were removed from the home. When the daughter was asked questions in court that the facilitator did not know the answers to, the typed messages were gibberish. The prosecutors were never able to establish that the FC-generated messages were independent. After 80 days in jail, the charges were dropped against the family was reunited. The family was awarded an $1.8 million settlement by the township’s insurance carrier in a wrongful-arrest law suit. The attorney representing the police department said the settlement was “nothing more than a business decision by the insurance company with no admission of wrongdoing or of any liability.”

“Lawyers questioned the girl out of earshot of the aide, who then returned to help the girl type answers. Lawyers who witnessed the demonstration said the girl could not answer questions including ‘What color is your sweater?’ or ‘Are you a boy or a girl?’ Most answers were gibberish, they said.” (Wisely, February 4, 2008)

“The belated decision to drop charges ended a 100-day horror show marked by investigative ineptitude, prosecutorial tunnel-vision and judicial timidity. It also begs a question of great consequence to other parents suspected of sexual abuse: How did the case get so far on so little evidence? Facilitated what?” (Dickerson, March 17, 2008)

References:

Brasier, L L. (2008, January 29). BRIEF: Judge to hear more testimony on autistic girl testifying. McClatchy - Tribune Business News (Washington)

Brasier, L L; Wisely, J. (2007, December 18). Abuse case hinges on a keyboard West Bloomfield: Autistic girl typed dad raped her, aide says. McClatchy-Tribune Business News (Washington])

Brasier, L L; Wisely, J. (2008, January 27). Autistic child's testimony a concern: Hearing could be closed in abuse case. McClatchy-Tribune Business News (Washington)

Dickerson, B. (2008, February 6). Crying rape through a Ouija board. McClatchy-Tribune Business News. (Washington).

Dickerson, B. (2008, March 17). A legal horror show tears Oakland Co. family apart. McClatchy-Tribune Business News (Washington).

Martindale, Mike. (2008, February 6). Autistic girl in abuse case allowed to stay at school. Detroit News, Detroit, Michigan.

Wisely, J. (2007, December 19). Charged with abuse, mom is allowed to visit her son. McClatchy-Tribune Business News (Washington).

Wisely, J., Brasier, L L. (2008, March 11). Dad of autistic West Bloomfield girl nearly free of rape charges: She won't testify, so case collapses. McClatchy - Tribune Business News (Washington).

Wisely, J., Dickerson, B. (2008, March 12) Rape charges dropped against father West Bloomfield: Autistic girl, 15, would not testify, prosecutors say. McClatchy -Tribune Business News (Washington).

Wisely, J., Brasier, L L. (2008, April 27). Oakland fumbles sex case charges: Overeager prosecutions can ruin lives, some say. McClatchy - Tribune Business News (Washington).

Wisely, J., Brasier, L.L. (2011, January 13). Dad’s arrest in sex case results in $1.8 million settlement. Gannett News Service, pp. ARC


2000 - Report of False Allegations of Abuse, London, England

A 50-year-old businessman was accused of abusing his 17-year-old son with severe development delays. This was the first case of its kind in Britain. The allegations were typed at an assisted living unit by a worker using facilitated communication with the young man. The President of the High Court Family Division, Dame Elizabeth Butler-Sloss, ruled that the court was “entirely satisfied the allegations were unfounded” and gave her judgment in open court to highlight the dangers of facilitated communication.

“The device, which led to numerous sexual abuse court cases in America, was discredited when mainstream psychologists said the messages were unconsciously influenced by the helper and had no more scientific validity than a Ouija board.” (Gregoriadis, July 13, 2000)

References:

Allen, R. (2000, July 12). Discredited test led to child abuse nightmare for father. The Evening Standard (London), pp. 2.

Anonymous. (2000, July 26). Facilitated communication not reliable as evidence. The Times (London).

Linus, G. (2000, July 13). News: Discredited device led to abuse claim. The Daily Telegraph (London), pp. 5.

Rumbelow, H. (2000, July 13). Autistic son’s language aid led to abuse charge. The Times (London).


1996 - Report of False Allegations of Abuse, Newmarket, Canada

A Newmarket man was accused of assaulting his 20-year-old son when facilitators from his group home used facilitated communication to type messages of bondage, torture, and rape. It took a year for the unfounded charges to be dropped, but not before his wife, too, with sexual assault. The couple exhausted their savings, mortgage their home for $140,000, and borrowed from friends to cover their legal expenses. The stress of the situation drove the man to contemplate suicide. The family filed a $8.5 million civil suit against York Regional Police, the York Region Roman Catholic Separate School Board, and Christian Horizons, Inc. They settled for an undisclosed amount in an out-of-court settlement. Christian Horizons, Inc. had, reportedly, stopped using FC in its facilities.

“Finally, Derek and his facilitators failed a basic test designed to see if he could describe objects that he had seen but his facilitators hadn’t. Shown a picture of a smiling woman, [the young man] typed ‘YERDEE’ with the help of his facilitator; the facilitator translated that as ‘tree.’ Shown a picture of two babies, [the young man] typed “SING.” A second attempt at identifying the same pictures, using a different facilitator, also failed.”

Reference:

Papp, L. (1996, January 21). Autism ‘miracle’ a nightmare for family. The Toronto Star (Sunday Second Edition), pp. NEWS, pp. A1.


Siegel, B. (1995). Brief Report: Assessing Allegations of Sexual Molestation Made Through Facilitated Communication. Journal of Autism and Developmental Disorders, 25 (3), 319-326. DOI: 10.1007/BF02179293

The purpose of this study was to determine whether or not the courts should allow evidence gained by FC. 2 facilitators and 2 individuals with developmental delays participated. Both facilitators received training from a individual who had trained with Douglas Biklen, founder of FC in the United States. Allegations of abuse had been brought against the individuals’ family members. The children were removed from their homes. All sessions were videotaped with close-up lens on the keyboard, as well as shots of child and facilitator to periodically assess whether the subject was looking at the keyboard while facilitating. Test protocols included asking subjective questions that included personal information, presented aurally. Independent facilitators were used. The results indicated strongly that little reliable communication occurred using FC. Both subjects’ responses were essentially random. Objective information that required an open-ended response was consistently inaccurate. The facilitators believed the children were facilitating at expected levels. Charges against the families were dropped.

“At the conclusion of the four facilitation sessions, the two facilitators were debriefed. When asked whether they felt they had established adequate rapport with the two subjects, both clearly indicated that they felt that both children were indeed facilitating with them. The facilitators expressed interest in the accuracy of the objective data, since neither felt that either subject had been completely inaccurate or untruthful. Both noted periods of behavioral resistance in each subject, but felt real work had been accomplished with both children. After being informed that no reliability greater than chance had been obtained on objective data, the facilitators then suggested that perhaps they had been too self-confident in stating that real work had been accomplished. Only at this point did the facilitators reiterate concerns voiced in Biklen’s work - that children might not be truthful if the trusting nature of the facilitator-child relationship was presumably violated by introduction of an experiment.” pp. 324-325


1993 - Report of False Allegations of Abuse, Maryland, United States

The first case of its kind in Maryland, a 27-year-old developmentally disabled teacher’s aide was charged with raping a 9-year-old autistic child when allegations were made using Facilitated Communication (FC). Montgomery County Circuit Judge William MacKenzie Cave presided. Attorney Scott L. Rolle filed a motion to exclude the child’s testimony and/or conduct validation testing. Prosecutor Kathi Hill argued that “the trier of fact, whether a judge or jury, could still determine the girl’s credibility on the witness stand.”

Maryland case law requires that an “unorthodox method of testing” (e.g., like FC) must “pass muster in the scientific community.” A test was set up where the girl was read two four-sentence paragraphs and asked questions about them without the facilitator present. During facilitation, she was unable to answer any of the questions. The judge concluded that her testimony “cannot be used through facilitation at the trial.” He went on to say that, had she passed the test, he would have “qualified the girl as a witness.”

Charges were dropped and the defendant was released “from further proceedings under these charges.”

References:

Meyer, Eugene L. (1993, December 27). Autistic girl’s rape case heightens debate over ‘Facilitated Communication.’ The Washington Post.

Meyer, Eugene L. (1994, April 23). Autistic girl barred from testifying. The Washington Post.

(1994). Aids/hiv. Mental and Physical Disability Law Reporter. 18 (3), 312-317.


1993 Report of False Allegations of Abuse, Melbourne, Australia

December 20, 1990, the family of a 29-year-old woman with severe developmental delays was falsely accused of sexual abuse when facilitators from her day centre typed out the messages on a Canon Communication. Founder Rosemary Crossley had assessed the young woman via FC, claiming she had word recognition and spelling skills. Before the ordeal was finished, Crossley and eight of her trained facilitators would type out lurid accounts of rape and other sexual depredations. This, the “Carla” case (not her real name) was the first of its kind in Australia. After more than a year, the Guardianship and Administration Board ruled categorically that the messages did come from the woman with disabilities, but from the facilitators. The board pointed out that prior verification that the woman could communicate with FC had not been done and found that the family had been put through “torture” because of the state’s “naivety and inadequate monitoring of facilitated communication.” The family spent about $50,000 in legal and other costs.

”During the hearing a psychologist, Mr. Tony Catanese, advanced the hypothesis that the case had occurred because ‘facilitated communication is based on a system of belief. If you have the belief and have the knowledge of the words, communication occurs.” (Heinrich, February 16, 1992)

References:

Geschke, Norman. (1993, May 10). Report on the Investigation of a Complaint of Unjust Dismissal Because of Allegations Made by Facilitated Communication. Melbourne: L.V. North, Government Printer.

Heinrichs, P. (1992, February 16). Suffering at the Hands of the Protectors. The Sunday Morning Herald.

Heinrichs, P. (1992, February 16). State 'tortured' family – 'tragic'. Sunday Age (Melbourne, Australia) Late Edition, pp. 1

Heinrichs, P. (1992, February 23). 'Tortured' family may call for probe on facilitated evidence. Sunday Age, Melbourne, Australia, Late Edition, pp. 8

Heinrichs, P. (1992, February 23). More families take on CSV 'zealots'. Sunday Age, Melbourne, Australia, Late Edition, pp. 7

Heinrichs, P. (1992, April 12). Taxpayers will foot bill for 'Carla' case. Sunday Age, Melbourne, Australia, Late Edition, pp. 11

Heinrichs, P. (1992, May 17). US courts to rule on disability method. Sunday Age, Melbourne, Australia, Late Edition, pp. 9

Heinrichs, P. (1992, May 31). 'Carla' case prompts overhaul of system. Sunday Age, Melbourne, Australia, Late Edition, pp. 10

Heinrichs, P. (1992, September 6). New ordeal for 'Carla' family. Sunday Age, Melbourne, Australia, Late Edition, pp. 7

Heinrichs, P. (1992, September 13). Carla payment hope. Sunday Age, Melbourne, Australia, Late Edition, pp. 8

Heinrichs, P. US courts reject facilitated communication. Sunday Age, Melbourne, Australia, Late Edition, pp. 7

Heinrichs, P. (1993, January 17). 'Carla' cost may force family to sell home. Sunday Age, Melbourne, Australia, Late Edition, pp. 6

'The Sunday Age' wins readers, award. (1992, November 29). Sunday Age (Melbourne, Australia) Late Edition, pp. 1


1993 - Report of False Allegations of Abuse, New York, United States

In 1991, an educator from Shokan, New York was falsely accused of committing more than 200 rapes on his 14-year-old daughter by facilitators using facilitated communication at a residential program where she stayed. His daughter was examined by a doctor, resulting in no physical evidence. The young woman’s grandfathers were also accused, even though they had been dead for years. After 10 months, the court dropped the charges due to lack of scientific validity of FC messages. The family spent more than $100,000 in legal fees. The family was seeking $1 million in damages.

”Alan Zwiebel, the lawyer who is representing [the educator] and other parents who claim to have been wrongfully accused of abuse in much the same way, said [the educator’s] case was typical. Mr. Zwiebel blames Mr. Biklen and other supporters of facilitated communication for promoting its widespread use without first proving that it works or investigating its consequences.” (Viadero, 1993)

Reference:

Chideya, F. (1993, February 28). The Language of Suspicion: With an Adult’s Hand Supporting Hers, an Autistic Child Who’d Never Spoken Could Type Messages on a Keyboard. It Seemed Like a Miracle—Until the Messages Changed. Los Angeles Times.

Viadero, D. (1993, November 17). Facilitated Communication Under New Scrutiny. Education Week.


Bligh, S. and Kupperman, P. (1993). Brief Report: Facilitated Communication Evaluation Procedure Accepted in a Court Case. Journal of Autism and Developmental Disorders, 23 (3), 553. DOI: 10.1007/BF01046056

This article discusses the case of false allegations of abuse made by a facilitator of a 7-year-old child against the mother’s fiance. Test protocols were developed to test authorship. When the facilitator was not looking at the board, the messages were random letter pointing (JG15DURCGHILUTSBTYHML7MRFGJT). The facilitator insisted she had to look at the keys to help the child type. Two additional activities were conducted, in which the facilitator was blinded to information being sought, but not the keyboard. Based on these activities, the authorities determined the messages came from the facilitator and not the individual with disabilities. Charges were dropped and the child was returned to the family. The facilitator remained convinced of the validity of FC and did not stop using it.

The authors raised these legal questions:

  1. Are school personnel liable for using experimental techniques for which there is no scientific basis when they may result in serious emotional and financial damage to the family?

  2. Are the rights of the child violated by depriving her of an appropriate education because of the use of the technique?


1993 - Report of False Allegations of Abuse, Whittier, California, United States

An educator at Whittier Union High School was accused of sexually assaulting four students with developmental disabilities by a facilitator using Brother P-Touch electronic labeling device to facilitate the messages. The educator was placed on permanent “at-home status” and then terminated at the end of the school year. He was charged with 11 felony counts and faced a maximum sentence of 88 years in prison. He was released on $60,000 bail. There was no physical evidence or witnesses, just FC-generated messages. Charges were dropped when officials ruled that FC testimony was not scientifically sound. Even with the charges dropped, he face a future of uncertainty, especially as an educator. He filed a claim for $2.5 million against the school district, the Whittier Police Department and other parties for slander and malicious prosecution.

“It’s been a nightmare. And not just for me. My parents have aged 10 years during all this.” (Dillow, 1993)

Reference:

Dillow, Gordon. (1993, January 24). Teacher says method that helps disabled ruined him. Courts: Autism sufferers, using a ‘facilitator’ to communicate, accused teacher of sexual assault. Charges dropped but he plans to sue for $2.5 million. Los Angeles Times (Home Edition), pp. 1


Proven Facilitator Influence on Communication

2010 - Reported Case of Facilitator Controlling Messages of an Individual in a Coma, Belgium

A trained assistant at a Belgium medical facility started using FC with a man who had been in a persistent vegetative state for over 20 years. Shortly after, the man purported started typing out messages. Prior medical tests indicated some brain functioning, so care providers assumed the thoughts expressed via FC were those of the patient. News of this breakthrough was covered widely in the press. However, the patient was often seen typing with his eyes closed. This led officials to conduct further testing of the technique being used. The results showed it was the facilitator and not the patient who was controlling the typing.

References:

Betz, W. (2010, February 22). Facilitated Communication with Coma Patient is Fabricated. Skeptical Inquirer.

Boudry, M., Termote, R., and Betz, W. (2010, August). Fabricating Communication. Skeptical Inquirer, 34 (4).

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