DOJ-OGR-00006289.jpg

Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 21 of 29 Pathways to False Allegations 115 fragmented memories with an individual’s self-concept and worldview, the likelihood of altering memories of events, either consciously or uncon- sciously, increases (Eisen & Lynn, 2001). Thus, it 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. Of course, memory lapses will not necessarily be filled in with a confabulated event, let alone a sexual one. However, high dissociators may seek to make their stories more coherent by adding details to an incomplete memory that would make sense to them when considered in the context of the event. Thus, these confabulations may lead to erro- neous claims that have forensic relevance, including who the perpetrator was, what happened, where, and how many times. Intellectual Disability Intellectual disability (D; Schalock, 2007), also known as mental retarda- tion (American Psychiatric Association, 2000), is characterized by below- average IQ and adaptive functioning (Schalock, 2007; American Psychiatric Association, 2000). Limitations in functioning include deficits in the acqui- sition of social, occupational, academic, and general self-care skills. ID has several etiologies that often are related to biological or pathological processes affecting the central nervous system. Many of the specific vulner- abilities that arise from ID overlap to some extent with other disorders (e.g., autism spectrum disorders, cerebral palsy, fetal alcohol syndrome) and thus, in many cases, individuals with other developmental disabilities may also have ID. Rates of sexual assault are higher in intellectually disabled populations than populations without ID (Mitra, Mouradian, & Diamond, 2011). It is hypothesized that the true rate of sexual assault among individuals with ID is higher than indicated in studies JGoyce, 2003). There are many rea- sons to believe that study findings are an underrepresentation of the actual amount of sexual assaults that occur against intellectually disabled people. Difficulties with communication and comprehension of language faced by individuals with ID may interfere with the ability to report a sexual assault (Ahlgrim-Delzell & Dudley, 2001). Fear of repercussions for reporting—as caregivers are often the perpetrators—may also discourage reporting Joyce, 2003). Another reason why individuals with ID may not report a sexual assault is because of a misunderstanding of the legal process. For instance, Joyce (2003) briefly mentioned one alleged victim with ID who was reluc- tant to continue with an allegation because she was afraid she would get into trouble if the alleged perpetrator was found “not guilty.” Finally, it can be assumed that individuals with ID may choose not to report a sexual assault for the same reasons that individuals without ID choose not to report: DOJ-OGR-00006289