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Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 7 of 29 Pathways to False Allegations 101 The determination that a report of sexual assault is false can be made only if the evidence establishes that no crime was committed or attempted. This determination can be made only after a thorough inves- tigation. This should not be confused with an investigation that fails to prove a sexual assault occurred. In that case, the investigation would be labeled unsubstantiated. The determination that a report is false must be supported by evidence that the assault did not happen. (ACP, 2005, pp. 12-13; emphasis in original) “Evidence that the assault did not happen” must consist of the exis- tence of physical or eyewitness evidence as opposed to the mere absence of evidence CIACP, 2005). Lisak et al (2005) compiled findings from studies that addressed the aforementioned issues of categorization, terminology, and methodology and placed a narrower estimate of the frequency of false rape allegations between 2% and 10%. Thus, the most recent, more methodolog- ically adequate studies have indicated that false allegations are somewhat rare. However, it is important to note that law enforcement agencies can- not always identify false allegations during the investigation process, as it is often the case that little or no physical or eyewitness evidence exists to sub- stantiate that sex was consensual or that the rape never occurred. However uncommon, false accusations of sexual assault, indeed, occur, and falsely alleged perpetrators are thus subject to besmirched reputations, interrup- tions in important life functions and, in some cases, incarceration. In the event that an investigation fails to identify a false allegation and the case proceeds to prosecution, a psychologically informed conceptualization of the etiology of false allegations could bolster existing evidence that supports the falsehood of a claim. A brief description of one infamous and controversial legal case may help to elucidate the potential contribution of psychological pathways of false allegations of sexual assault and the initial and lingering consequences for accused persons. In the following case, the alleged victim never recanted her claim, and her allegations were never determined to be false. However, an understanding of the psychological functioning of the alleged victim as considered in the context of available evidence could have informed the investigators about potential motives or cognitive distortions that could lead the accuser to file a false rape allegation. On March 13, 2006, the lacrosse team at Duke University hired two exotic dancers, Crystal Magnum and Kim Roberts, to perform at a house party (Hemmens, 2008). While at the house, Magnum fell unconscious for a short while after which an exchange of insults occurred between the lacrosse team and the two strip- pers. Roberts then drove Magnum to a store where she was dropped off. After being arrested for public drunkenness, Magnum accused three of the Duke lacrosse teammates of rape. The allegations were pursued over the DOJ-OGR-00006275