DOJ-OGR-00006220.jpg

Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page9of41 99, 66 e “Dissociation”: “[I]t is possible that in the event of a sexual assault, dissociation may cause a person to fill in the parts of the experience that are not clearly remembered with events that for them feasibly could have occurred.” (/d. at 10). e “Intellectual disability”: “Intellectually disabled individuals, compared to individuals without ID, have vulnerabilities related to memory and communication that the legal system may not be equipped to handle adequately.” (/d.). As set forth below, the Government objects that these opinions invade the province of the jury, are within the ken of the jury, are unhelpful and prejudicial, are unreliable, and lack fit to any issue to be tried in this case. Dr. Dietz also offers several opinions generally related to the evaluation of witness credibility: e “Changes in the core details of the allegation are often used by professionals as indices in determining the credibility of a victim’s claims.” (Ex. A at 10). e “Additional research is needed, but at this point there is little empirical support to indicate that being emotionally upset, distressed, or crying while reporting an assault indicates that the report is more likely to be true.” (/d. at 11). e “Individuals who have been sexually assaulted have higher rates of mental disorders than individuals who have not been sexually assaulted,” and such disorders “can affect memory and recall, requiring assessment on a case-by-case basis.” (/d. at 11). As set forth below, the Government objects that these opinions invade the province of the jury and are prejudicial. Finally, Dr. Dietz offers the following opinions regarding post-traumatic stress disorder (“PTSD”): e Significant portions of victims following sexual assault exhibit “[vlarying degrees of post-traumatic stress symptomatology.” (Ex. A at 11). e Post-traumatic stress symptoms include (but are not limited to) “distressing memories of the event; intense or prolonged psychological distress at exposure to cues that symbolize or resemble an aspect of the traumatic event; marked physiological reactions to cues that symbolize or resemble an aspect of the traumatic event; avoidance or efforts to avoid distressing memories, thoughts, or feelings about or closely associated with 5 DOJ-OGR-00006220