Table of Contents
http://cbc.ca/cgi-bin/templates/view.cgi?/news/2000/06/08/winnipegman000609- The Facts Giving Rise to the Inquiry, the Authorizing Order in Council, its Nature and Scope
- Trials and Appeals of Thomas Sophonow
- Jurisdiction and Terms of Reference of the Commission of Inquiry
- Notice
- Standing
- Witnesses
- Rules of Practice and Procedure
- Factual Background
- The Role of Police Officers
Police Interviews With Thomas Sophonow in Vancouver
- Interview of Thomas Sophonow by Detective Barnard
- Interrogation of Thomas Sophonow by Sergeants Wawryk and Paulishyn
Recommendations
- The Eyewitness Evidence and the Role of Police in Gathering and Presenting It
- The Experts' Position Regarding Eyewitness Testimony
Recommendations
Investigation of Terry Arnold as a Suspect
Recommendations
- Tunnel vision
- Police notebooks
- Exhibits - whether filed in court or gathered in the course of the investigation.
The Role of Crown Counsel in the Administration of Justice
The Issue Regarding the Twine
Recommendation
The Third Trial and the Allegation of Sexual Assault
Recommendation
Recommendations
- Thomas Cheng
- Adrian McQuade
- Douglas Martin
- Findings Regarding the Use of Jailhouse Informants in the Thomas Sophonow Trial
- Some General Comments on Jailhouse Informants
- U.S. Studies on Jailhouse Informants
- What Have the Studies of Jailhouse Informants Revealed?
Recommendations
- Relevant and Significant Information about the Jailhouse Informants which Ought to have been Disclosed
- Failure to Disclose Relevant Material Regarding John Doerksen
- Statements of Eyewitnesses Made Under Hypnosis
- Melvin Williamson's Comments to Mr. Lawlor
- The Red Mesh Christmas Stockings
- The Second Photo Line-up
- The McDonald's Witnesses
- Esther Navoa
- The Peasgood Statement
- Present Situation
- Manner of Assessing Compensation for Wrongful Conviction
- Entitlement to Compensation
- To What Extent Should Thomas Sophonow's Conduct be Found as a Significant Cause of his Problems?
- Conduct of the Investigation
- Non-Disclosure
- On What Basis Should Compensation be Considered?
- What Are the Effects of Wrongful Conviction and Imprisonment Which Should be Considered in Determining the Appropriate Compensation?
- Should There be a Cap Placed on the Damages Flowing from Wrongful Conviction and Imprisonment?
Recommendation
- Thomas Sophonow's Personality Before and After his Arrest
- The Arrest, Detention and Incarceration and the Effect on Thomas Sophonow
- Expert Evidence Regarding the Effects of Wrongful Conviction and Imprisonment on Thomas Sophonow
- Assessing the Effect of Wrongful Conviction and Imprisonment on Thomas Sophonow
- Pecuniary Damages to be Awarded for the Wrongful Conviction and Imprisonment
- Non-Pecuniary Compensation
- Consideration of the Stoppel family
Appendix A - Order-in-Council (656Kb PDF)
Appendix B - Notices of Hearing (225Kb PDF)
Appendix C - Rules of Practice and Procedure (433Kb PDF)
Appendix D - Curriculum Vitae of Peter Neufeld (203Kb PDF)
Appendix E - Curriculum Vitae of Dr. Elizabeth Loftus (4730Kb PDF)
Appendix F - Manitoba Guidelines Respecting the Use of Jailhouse Informants (725Kb PDF)
Appendix G - Criminal Record of Thomas Sophonow (175Kb PDF)
Appendix H - Curriculum Vitae of Dr. Clifford Silverthorne (64Kb PDF)
Appendix I - Curriculum Vitae of Joel Grymaloski (259Kb PDF)
Appendix J - Curriculum Vitae of Dr. Adrian Grounds (436Kb PDF)
* The appendices are in Adobe Acrobat (PDF) format. You will need the Adobe Acrobat Reader in order to access them. Click on the button to the right to download the software if you require it.
3 comments:
http://ritualabuse.us/research/false-allegations-of-child-sexual-abuse-by-children-are-rare/
False allegations of child sexual abuse by children are rare
“allegations made by child victims match closely with confessions of pedophiles”
“The evidence indicates that very few (children) lied originally.”
“children tend to minimize and deny abuse, not exaggerate or over-report such incidents”
How often do children’s reports of abuse turn out to be false? Research has consistently shown that false allegations of child sexual abuse by children are rare. Jones and McGraw examined 576 consecutive referrals of child sexual abuse to the Denver Department of Social Services, and categorized the reports as either reliable or fictitious. In only 1% of the total cases were children judged to have advanced a fictitious allegation. Jones, D. P. H., and J. M. McGraw: Reliable and Fictitious Accounts of Sexual Abuse to Children. Journal of Interpersonal Violence, 2, 27-45, 1987. In a more recent study, investigators reviewed case notes of all child sexual abuse reports to the Denver Department of Social Services over 12 months. Of the 551 cases reviewed, there were only 14 (2.5%) instances of erroneous concerns about abuse emanating from children. These consisted of three cases of allegations made in collusion with a parent, three cases where an innocent event was misinterpreted as sexual abuse and eight cases (1.5%) of false allegations of sexual abuse. Oates, R. K., D.P. Jones, D. Denson, A. Sirotnak, N. Gary, and R.D. Krugman: Erroneous Concerns about Child Sexual Abuse. Child Abuse & Neglect 24:149-57, 2000….Children Tend to Understate Rather than Overstate the Extent of Any Abuse Experienced - Research with children whose sexual abuse has been proven has shown that children tend to minimize and deny abuse, not exaggerate or over-report such incidents. http://www.leadershipcouncil.org/1/res/csa-acc.html
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http://www.newswise.com/articles/view/?id=ABUSE.SPR
Children’s Testimony More Reliable than Physical Exams
Description
Allegations made by child victims of sexual abuse closely match the confessions of perpetrators. In addition, physical exams are unreliable indicators of sexual abuse.
Children’s testimony more reliable than physical exams in cases of sexual abuse
Contact: Jim Feuer, Children’s Hospital Medical Center, Cincinnati
jfeuer@chmcc.org; 513-636-4420
Although many people find a child’s testimony in cases of sexual abuse hard to believe, a new study proves that their allegations should be taken seriously.
The study, conducted at Children’s Hospital Medical Center of Cincinnati, shows that allegations made by child victims match closely with confessions of pedophiles. The study also shows that genital exams are most often normal in victims of sexual abuse, even when genital penetration is admitted to, making it all the more imperative to listen to what children say, according to the study’s authors….
The researchers reviewed the records of 31 pedophiles who confessed between 1994 and 1999. The case files contained all available victim, witness and perpetrator statements, and pertinent victim medical records. They analyzed each case for admissions or denials of specific sexual acts. They also analyzed victim medical histories, examinations and reports from criminal investigators for specific histories of sexual assault and exam findings.
The 31 perpetrators confessed to a total of 101 acts of sexual abuse, some of which they committed multiple times. The perpetrators abused 47 children. The 45 old enough to provide a history described 111 acts of sexual abuse.
The perpetrators confessed to 68 percent of their victims’ allegations, and they denied 6 percent. The only acts denied were some allegations of penile-vaginal and penile-rectal penetration, possibly because of the stiffer criminal penalties associated with penetration, according to Dr. Shapiro, an emergency medicine physician at Cincinnati Children’s. The perpetrators were not specifically asked about the other 26 percent of victim allegations….
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Recantation in Child Sexual Abuse Cases - Rieser, Margaret - Child Welfare, v70 n6 p611-22 Nov-Dec 1991 - ERIC #: EJ436461 - Abstract: A brief narrative description of the journal article, document, or resource. Reviews the literature on children’s retraction of their disclosure of having been sexually abused. The evidence indicates that very few lied originally. The circumstances that underlie recantation, including false allegations, secrecy, denial, lack of support, pressure to recant, societal attitudes, and intervening events, are discussed, and suggestions for mitigating them are offered.
http://eric.ed.gov/ERICWebPortal/Home.portal;jsessionid=JwfdTd5V4T6qY4phJJxhtp5Q21YtbyrvJwgCj7vHJK3nkQvnPz3p!-383582632?_nfpb=true&ERICExtSearch_SearchValue_0=%22Rieser+Margaret%22&ERICExtSearch_SearchType_0=au&_pageLabel=RecordDetails&objectId=0900019b80147b75&accno=EJ436461&_nfls=false
http://ritualabuse.us/research/memory-fms/a-brief-history-of-the-false-memory-research-of-elizabeth-loftus-2/
A Brief History of the False Memory Research of Elizabeth Loftus
Lynn Crook, M.Ed.
The lost- in- a-shopping-mall study (Loftus and Pickrell, 1995) provided initial scientific support for the claim that child sexual abuse accusations are false memories planted by therapists. However, the mall study researchers faced a problem early on—the participants could tell the difference between the true and false memories.
http://ritualabuse.us/research/memory-fms/the-alleged-ethical-violations-of-elizabeth-loftus-in-the-case-of-jane-doe/
The Alleged Ethical Violations of Elizabeth Loftus in the Case of Jane Doe
Loftus made several ethical breaches during her research and when publishing her study. The right to freedom of speech and academic debate does not allow for the kind of ethical breaches that were made.
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