DOJ-OGR-00006292.pdf

--- Page 1 --- **Document Header** Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 24 of 29 **Page Content** **SUMMARY AND CONCLUSIONS** These 11 pathways merit further investigation and supplementation if additional pathways are identified. Ascertaining the psychological processes and functioning of a claimant may help explain possible motivations and information processing errors that could lead to an untruthful claim. Binder and McNeil (2007) underscore the utility of psychological evaluation as a tool in the assessment of accusers and the accused, though they also stress the importance of examining these in the context of the presence or absence of corroborating evidence. Without corroborating evidence, forensic evaluators must acknowledge that "he said," she said" sexual assault cases are inherently difficult to assess for truth and that truth is unlikely to be found in its entirety within the results of psychological evaluation. Nevertheless, psychological evaluations may inform forensic evaluators of psychological processes by which a person may either intentionally or unintentionally file a false allegation of sexual assault. The results of a psychological evaluation are not intended merely as a useful tool for the defense; evaluation may also help establish the veracity of a claimant's account of events and may be relevant for a prosecutor's decisions to pursue an indictment. In proposing these pathways, it is important to acknowledge that psychological evaluations should serve only as corroborating evidence and should not be construed as sufficient evidence upon which to determine truth. All evidence must be weighed appropriately to assess the veracity of a claim. Forensic evaluators must also be aware that some psychological disorders are more likely to be associated with experiences of sexual assault and abuse. For example, certain populations such as the intellectually disabled and other populations with cognitive difficulties may be at an increased risk of sexual assault. These risks should be assessed and weighed appropriately in conjunction with all of the evidence in cases where the claimant may have difficulty communicating or recalling the entire event. The legal system has an obligation to be mindful of discrimination faced by victims and biases faced by the accused. Further investigation of pathways and other possible causal mechanisms of false allegations may help elucidate more evidence that can be utilized in the determination of truth in a sexual assault case. **REFERENCES** Ahlgrim-Delzell, L., & Dudley, J.R. (2001). Confirmed, unconfirmed, and false allegations of abuse made by adults with mental retardation who are members of a class action lawsuit. Child Abuse and Neglect, 25, 1121–1132. American Psychiatric Association. (1994). Diagnostic and statistical manual of mental disorders (3rd ed.). Washington, DC: Author. **Footer** DOJ-OGR-00006292