05/03/1999 01:35 PM Senate HES

                                                                                                                                
        HJR 36-AMERICAN PSYCHOLOGICAL ASSOCIATION REPORT                                                                        
                                                                                                                                
CHAIRMAN MILLER called the Senate Health, Education and Social                                                                  
Services (HESS) Committee to order at 1:35 p.m. and brought HJR 36                                                              
before the committee.                                                                                                           
                                                                                                                                
REPRESENTATIVE FRED DYSON, sponsor of HJR 36, introduced his staff,                                                             
Lisa Torkelson.  He explained that in the summer of 1998, the                                                                   
American Psychological Association (APA) published a scientific                                                                 
paper that reviewed 59 or 60 papers, most of which were completed                                                               
by Master's level students who used college-aged participants.  The                                                             
APA did a statistical analysis of the 60 original studies and                                                                   
concluded that the studies contained little evidence that child                                                                 
sexual abuse is a negative experience, and in fact, that for some,                                                              
it was a positive experience.  The APA suggested that we might                                                                  
consider less pejorative terms in describing adult-child sexual                                                                 
activity.                                                                                                                       
                                                                                                                                
REPRESENTATIVE DYSON continued.  About half of the papers have                                                                  
never been published, and none of the study participants were ever                                                              
interviewed.  It is possible that the studies didn't report the                                                                 
negative impact, and by college age the pervasive impacts of child                                                              
sexual abuse may not yet show up.  Many times the results don't                                                                 
show up until people start building intimate relationships, such as                                                             
in marriage.                                                                                                                    
                                                                                                                                
When criticized, the APA pointed out that it has published many                                                                 
other papers showing child sexual abuse is pervasively harmful, and                                                             
it has not taken a position on this paper.  The APA has strongly                                                                
stated that child sexual abuse is wrong and should be criminalized.                                                             
REPRESENTATIVE DYSON said he suspects the APA will be more careful                                                              
in the future to do a peer review of studies before publication and                                                             
to make a disclaimer when it does publish a study to ensure its                                                                 
review is not taken out of context.                                                                                             
                                                                                                                                
The APA is very respected and has done good work.  REPRESENTATIVE                                                               
DYSON said, "we need to be careful not to get into demagoguery."                                                                
Most of his foster children were sexually abused, and, with some                                                                
the perpetrators used child pornography in their selection process.                                                             
He could foresee the day when someone might misuse the APA study in                                                             
an attempt to seduce a literate child.                                                                                          
                                                                                                                                
REPRESENTATIVE DYSON cautioned his last concern is that the paper                                                               
will show up in sentencing actions, if not in the court trial                                                                   
itself, to persuade a judge that in many cases this mistreatment of                                                             
children is not harmful and the sentence should not be harsh.  The                                                              
APA would not endorse any of those outcomes, and would take a                                                                   
strong stand against such misuses.                                                                                              
                                                                                                                                
REPRESENTATIVE DYSON said HJR 36 received no negative votes in the                                                              
House.  He suggested committee members ask themselves whether the                                                               
legislature should take a stand on this.                                                                                        
                                                                                                                                
Number 144                                                                                                                      
                                                                                                                                
SENATOR ELTON said he hopes the legislature does not train itself                                                               
"to watch Oprah and draft a resolution, or listen to Dr. Laura and                                                              
draft a resolution."  He noted the difference with HJR 36 is that                                                               
this report was done under the umbrella of a widely-respected                                                                   
organization, but he hopes the legislature doesn't go beyond this.                                                              
                                                                                                                                
SENATOR WILKEN moved HJR 36 from committee with individual                                                                      
recommendations.  Without objection, it moved from committee.