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Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 23 of 29 Pathways to False Allegations a focused and suggestive questions may elicit both agreement with inter- viewer assumptions and confabulations, thereby decreasing the accuracy of responses (Cederborg & Lamb, 2008; Clare & Gudjonsson, 1993; Joyce, 2003; Kebbel & Hatton, 1999; Kebbel, Hatton, & Johnson, 2004). Partly because of these vulnerabilities, there is a disproportionately high rate of false confessions in ID populations compared to the average popula- tion, and this is believed to be associated with (a) misunderstanding the potential consequences of a false confession and (b) the use of interrogative techniques that elicit compliance with the interrogator (Kassin et al., 2010). It is, therefore, a concern that individuals with ID may be prone to provid- ing positive response sets, changing their account of events in response to leading questions, and having misunderstandings about the legal process. Therefore, a heightened potential for suggestibility and acquiescence in individuals with ID may be relevant in cases of false allegations of sexual assault in which (a) the alleged victim did not initiate the complaint and is consequently questioned in a manner that elicits positive responses and confabulation or (b) suspicion of sexual abuse was conveyed to the vic- tim in a suggestive way by an individual or group that would potentially benefit from an allegation by proxy. In the first case, the individual who initiates the false complaint may have suspicions about sexual abuse related to perceived indications that a sexual assault occurred (e.g., a change in the disabled person’s sexual behavior, signs that a sexual relationship may be occurring). In the second case, care providers who serve to benefit from fil- ing a false allegation—perhaps traceable to another psychological pathway for filing a false allegation—might take advantage of the suggestible and acquiescent nature of an individual with ID. In either case, the individual with ID is at a higher risk of submitting a false allegation in these situations than individuals without ID because of this population’s greater tendency toward suggestibility and acquiescence. In a false allegation of sexual assault, shifts in the reporting of core features of the sexual assault (e.g., the general location, features of the assault) may indicate that the methods of questioning were suggestive or that the alleged victim is confabulating. Furthermore, the involvement of a litigation-minded advocate of the alleged victim who has the potential to gain from his or her association with the case might warrant a further investigation into the motives and actions of this individual. If evidence sug- gests that the origin of the false allegation is related to high suggestibility or acquiescence and thus a false belief that a sexual assault occurred, sug- gestibility may be assessed by examining the alleged victim’s response sets for significantly high levels of agreement with the interviewer and patterns of inconsistent responses emerging after suggestive questioning. Additionally, the Gudjonsson Suggestibility Scale (GSS; Gudjonsson, 1984) has shown to be a reliable and valid (Merckelbach et al., 1998) measure of suggestibil- ity and may be employed as an adjunctive measure of susceptibility to suggestive questioning. DOJ-OGR- 00006291