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Case 1:20-cr-00330-PAE Document 499-1 Filed 11/23/21 Page 12 of 375
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 11
Hunt and Bull (2012) reviewed signs that can be used to differentiate true allegations of
sexual assault from false ones and concluded that the literature did not support the hypothesis
that emotional distress was predictive of the truthfulness of the allegation. This is consistent
across the literature, and emotional distress (e.g., crying) is not regarded as a reliable predictor of
the accuracy or truthfulness of an allegation. 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. This is likely due to the fact
that such reactions can also occur in false allegations for various reasons, including a false
memory or an attempt to mislead by those who know this sort of reaction would be expected of a
true allegation.
Individuals who have been sexually assaulted have higher rates of mental disorders than
individuals who have not been sexually assaulted, and this includes significantly higher rates of
post-traumatic stress disorder, depression, bipolar disorder, drug use disorders, and alcohol use
disorders. Emily R. Dworkin, Risk for Mental Disorders Associated with Sexual Assault: A
Meta-Analysis, 21 Trauma, Violence, & Abuse (2020), pp. 1011-1028. Any of these mental
disorders that occur more frequently among those who have been sexually assaulted can affect
memory and recall, requiring assessment on a case-by-case basis.
Varying degrees of post-traumatic stress symptomatology occur in significant proportions
of victims following sexual assault and last for varying durations. Emily R. Dworkin, Anna E.
Jaffe, Michele Bedard-Gilligan, and Skye Fitzpatrick, PTSD in the Year Following Sexual
Assault: A Meta-Analysis of Prospective Studies, Trauma, Violence, & Abuse (2021)
https://doi.org/10.1177/15248380211032213. A substantial number of people never fully remit
from their PTSD even after many years, and variables associated with a longer time to remit
from an episode of chronic PTSD include a history of alcohol abuse and a history of childhood
trauma. Caron Zlotnick, Meredith Warshaw, et al., Chronicity in Posttraumatic Stress Disorder
(PTSD) and Predictors of Course of Comorbid PTSD in Patients with Anxiety Disorders, 12 J.
Traumatic Stress (1999), 89-100.
Symptoms of PTSD include 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 the traumatic event(s); and avoidance of or efforts to avoid external
reminders (people, places, conversations, activities, objects, situations) that arouse distressing
memories, thoughts, or feelings about or closely associated with the traumatic event(s).
American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 5th
Ed., Arlington, VA: American Psychiatric Association (2013), pp. 271-272. Individuals with
any of these symptoms are particularly unlikely to engage in continued communication or
friendly gestures with an alleged perpetrator, to wear clothing provided by an alleged perpetrator,
or to unnecessarily recreate a sexual assault event, any of which would be expected to elicit
intense distress.
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| Filename | DOJ-OGR-00007505.jpg |
| File Size | 1151.6 KB |
| OCR Confidence | 95.1% |
| Has Readable Text | Yes |
| Text Length | 3,650 characters |
| Indexed | 2026-02-03 17:24:13.499576 |