DOJ-OGR-00006281.jpg

Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 13 of 29 Pathways to False Allegations 107 Intoxication As a prerequisite for this pathway, the consumption of intoxicating sub- stances must have led to distortions in information processing. There are currently many drugs that are used by sexual assault perpetrators to incapacitate victims (Horvath & Brown, 2005). These drugs may include Rohypnol (e.g., “roofies”) and amphetamines, muscle relaxants, alcohol, or antihistamines. Other drugs, such as gamma hydroxybutyrate, cocaine, and ketamine have also been indicated in drug-assisted sexual assault cases (see Horvath & Brown, 2005; Hindmarch & Brinkmann, 1999). In a forensic case, it is important to determine whether the accuser voluntarily or involuntarily consumed drugs. If the drugs were not voluntarily consumed, it is likely that the individual who drugged the claimant had premeditated plans to control the claimant (Welner, 2001), regardless of whether the perpetrator assaulted the claimant. Though consent issues are clearly important considerations when determining the nature of sexual behaviors while intoxicated, they are super- fluous considerations in this pathway. Under most state laws, a person cannot legally consent to sexual activity while intoxicated (Davis & Loftus, 2008). In fact, even if consent to engage in sexual activity is ex ante (before the first dose of the intoxicating substance), the act of engaging in sex- ual activity while intoxicated can later be determined to be non-consensual sexual activity and is often sufficient evidence to convict someone of rape. Therefore, issues of consent, for these reasons, will not be discussed in the context of this pathway. A key issue in this pathway is whether the claimant believes that he or she was sexually assaulted while under the influence of intoxicating sub- stances, when in reality no sexual activity took place or activity occurred very different from what she is now claiming (e.g., she claimed penetration when no penetration occurred). Some drugs, when consumed at sufficient levels, may cause impairments in information processing—sensation, perception, storage, or retrieval. Substances known to cause these effects are alco- hol, sedatives/hypnotics (e.g., benzodiazepines, soporifics), and anxiolytics (American Psychiatric Association, 2000). High doses of alcohol have been shown to inhibit memory in humans and animals (Bisby, Leitz, Morgan, & Curran, 2010; Crego et al., 2009; Spinetta et al., 2008). Moreover, upon ceas- ing to use these drugs, withdrawal symptoms may include delirium and psychotic disorders (American Psychiatric Association, 2000; Lin, Heacock, & Fogel, in press)—two additional pathways to false allegations that will be discussed later in this paper. The information-processing errors of the intoxicating substances men- tioned above may cause confusion surrounding events that occurred while a person was intoxicated. A person who does not accurately recall events DOJ-OGR- 00006281