DOJ-OGR-00006282.pdf

Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 14 of 29 108 J. Engle and W. O'Donohue that occurred while he or she was under the influence or while experiencing the side effects of withdrawal from a substance may attempt to make sense out of the disjointed and seemingly incoherent memories of events that occurred while intoxicated. In an effort to make sense of and organize what memories are intact, a person may confabulate or fill in the memory lapses with events that seem probable or which for some reason they come to believe "must have" taken place. For example, waking up naked but not remembering how his or her clothes were removed, a person may conclude that someone else removed the clothes without his or her consent, even if the individual had, while intoxicated, actually removed his or her own clothes without remembering having done so. In addition, some drugs can artificially affect sexual interest (e.g., ecstasy, cocaine) or modify the individual's normal disinhibitions regarding sexuality that can affect the analysis of sexual consent. Thus, an individual may not normally have been sexually interested or may typically have been more sexually inhibited and not given consent. She may come to be puzzled after a sexual interaction and conclude that she was sexually assaulted because her behavior did not fit with her expectations. Antisocial Personality Disorder (or Conduct Disorder in Adolescents) The DSM-IV-TR (American Psychiatric Association, 2000) explains the essential feature of antisocial personality disorder as "a pervasive pattern or disregard for, and violation of, the rights of others that begins in early childhood or early adolescence and continues into adulthood." Diagnostic criteria consist of the following: 1. failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest; 2. deceitfulness, as indicated by repeated lying, use of aliases, or conning others for personal profit or pleasure; 3. impulsivity or failure to plan ahead; 4. irritability and aggressiveness, as indicated by repeated physical fights or assaults; 5. reckless disregard for safety of self or others; 6. consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior or honor financial obligations; and 7. lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another. Diagnostic criteria 1, 2, 4, and 7 are of particular importance in this pathway. If an individual with antisocial personality disorder is likely to lie DOJ-OGR-00006282