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Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page8sof41 He also lists these “pathways,” in terms at times “drawn nearly verbatim” from a 2012 article ina forensic psychology journal, along with conjectures of ways in which these mental conditions or circumstances could hypothetically lead to false claims of sexual assault, including the following examples: e “Lying”: “Often, humans lie because of what they perceive as the favorable consequences for lying; for sexual assault these consequences could be . . . the severe negative consequences that the alleged perpetrator experiences . .. secondary gain from victim status ... excusing behaviors or characteristics of the alleged victim (e.g., sexual activity, pregnancy, sexually transmitted diseases) [or] financial gain.” (Ex. A at 7). e “Implied Consent”: “A false allegation can arise when it was reasonable to believe consent was given but the alleged victim falsely believes that it was not.” (/d. at 7-8). e “False Memory”: Dr. Dietz cites principally to the work of Dr. Loftus in describing the existence of false memories. (/d. at 8). e “Intoxication”: “A person who does not accurately recall events that occurred while he or she was under the influence or while experiencing the side effects of withdrawal . . 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.” (/d.). e “Antisocial Personality Disorder”: “If an individual with antisocial personality disorder is likely to lie to achieve power and pleasure, a false allegation of sexual assault might be the means by which he or she attempts to achieve power over the falsely accused.” (Id.). e “Borderline Personality Disorder”: “[A]n individual with BPD may use a sexual assault allegation as a way of impacting a third party for some desired outcome.” (/d. at 8-9). e “Histrionic Personality Disorder”: “In times when attention is not being received to the desired level, a false allegation of sexual assault may help to pull individuals with histrionic personality disorder out of their depressed state.” (/d. at 9). e “Delirium”: “Relevant to this pathway are the perceptual disturbances that may be present, including misinterpretations, illusions, or even hallucinations.” (/d.). e “Psychotic Disorders”: “[D]elusions may lead a person to claim adamantly that sexual relations or events occurred that may be impossible or highly improbable.” (/d. at 9). DOJ-OGR-00006219