Crossover sexual offenses. Heil P1, Ahlmeyer S, Simons D. Abstract

Crossover sexual offenses are defined as those in which victims are from multiple age, gender, and relationship categories. This study investigates admissions of crossover sexual offending from sex offenders participating in treatment who received polygraph testing. For 223 incarcerated and 266 paroled sexual offenders, sexual offenses were recorded from criminal history records and admissions during treatment coupled with polygraph testing. The majority of incarcerated offenders admitted to sexually assaulting both children and adults from multiple relationship types. In addition, there was a substantial increase in offenders admitting to sexually assaulting victims from both genders. In a group of incarcerated offenders who sexually assaulted children, the majority of offenders admitted to sexually assaulting both relatives and nonrelatives, and there was a substantial increase in the offenders admitting to assaulting both male and female children. Although similar trends were observed for the sample of parolees, the rates were far less dramatic. Parolees appeared to have greater levels of denial, had participated in fewer treatment sessions, and perceived greater supervision restrictions as a result of admitting additional offenses. These findings support previous research indicating that many sexual offenders do not exclusively offend against a preferred victim type.

Multiple Paraphilic Diagnoses among Sex Offenders

Gene G. Abel, MD; Judith V. Becker, PhD; Jerry Cunningham-Rathner, BA; Mary Mittelman, DrPH; and Joanne-L. Rouleau, PhD

The psychiatric literature suggests that paraphiliacs can be expected to partic- ipate in only one type of deviant sexual behavior. Using self-reports gathered with assured confidentiality from 561 nonincarcerated paraphiliacs, we discovered that most paraphiliacs have had significant experience with as many as ten different types of deviant sexual behavior without regard, in many cases, to gender, age, and familial relationship of the victim. The relevance of these findings to our un- derstanding of paraphiliacs and their treatment is discussed.

Sex crimes are a major social problem. portant research. If the accelerating in- Despite changing cultural trends toward cidence of reported sex crimes and the open discussion of sexual behavior, in- attendant victimizations are to be re- formation about sex crimes and the in- duced, however, the psychopathology dividuals who commit them remains of the perpetrators must be examined. sketchy and inconclusive. Psychiatry, The best source of accurate infor- psychology, and sociology have tended mation about participation in deviant to avoid the study of sex offenders, per- sexual behaviors is the paraphiliacs haps because they are viewed with dis- themselves. However, a major factor dain by all levels of society. Instead, the inhibiting the collection of accurate in- focus has been on the victims of sex formation from paraphiliacs is the fear crimes-certainly worthwhile and im- of negative social and legal repercus- sions because of the lack of assured confidentiality. The paraphiliac be- Dr. Abel is Professor of Psychiatry and Dr. Rouleau lieves that valid reporting of his deviant is Assistant Professor of Psychology, Department of Psychiatry, Emory University, Atlanta, GA. Dr. behavior is likely to increase the prob- Becker is Associate Professor of Psychology, Ms. Cun- ningham-Rathner is Assistant Instructor of Psychol- ability of arrest for crimes unknown to ogy, and Dr. Mittelman is Associate Research Scien- others, to prolong his incarceration, or tist, Department of Psychiatry, College of Physicians and Surgeons, Columbia University, New York, NY. to jeopardize his probation status. Fur- Address reprint requests to Dr. Abel, Behavioral Med- thermore, most states have laws that re- icine Institute, 3193 Howell Mill Rd., Suite 202, At- lanta, GA 30327. quire the reporting of some sex crimes This research was supported by the National Institute (e.g., child molestation) to law enforce- of Mental Health, Grant ROlMH33678, "The Evalu- ation of Child Molesters," awarded to Dr. Gene G. ment authorities. Therefore, paraphi- Abel. The authors gratefully acknowledge the editorial assistance of Larry Brown in the preparation of this liacs are reluctant to discuss the true manuscript. scope of their deviant behavior with

Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 153 Abel et a/.

others. The key issue, then, to obtain- tained from incarcerated paraphiliacs, ing valid and reliable information from these studies reported that each had paraphiliacs in order to facilitate as- participated, on the average, in fewer sessment and treatment is an assurance than two different types of . of confidentiality. Information gathered under a Certifi- Information currently available con- cate of C~nfidentiality,',~.~however, re- cerning paraphiliacs has come generally vealed that paraphiliacs have often been from incarcerated offenders who are involved in many more than also unlikely to report accurately their previously suspected. To gain a better various deviant sexual interests and be- understanding of the number of differ- haviors. It is well known among incar- ent paraphilias in which the paraphiliac cerated paraphiliacs that if the nature of may participate and how the various their crimes becomes known to fellow paraphilic diagnoses interrelate, the fol- inmates, the risk of violent reprisal will lowing study was undertaken. be substantially increased. Conse- Methods quently, what we know about sex of- fenders as a population has been lim- Subjects The study population in- ited. cluded 561 men seeking voluntary eval- Recent studies,'-3 relying on a Cer- uation andlor treatment for possible tificate of Confidentiality from the fed- paraphilia at the University of Tennes- eral government4 that protects the iden- see Center for the Health Sciences, tity and confidentiality of research Memphis, Tennessee, or at the New subjects (in this case, self-reports ob- York State Psychiatric Institute, New tained from paraphiliacs), have re- York City. At the former site, all cate- vealed a marked discrepancy between gories of paraphilia were evaluated; at information in the literature regarding the latter, subjects with a diagnosis of paraphiliacs and information gathered and/or child molestation, because from paraphiliacs with the above assur- of preselection, constituted the largest ance of confidentiality. The literature segment of the subject population. Ap- suggests that the average sex offender proximately one third of the subjects commits fewer than two crimes5-'; were referred through mental health more recent studies' indicate that a rap- routes, one third from legal or forensic ist may commit as many as seven , sources, and one third from other that a pedophile molesting young boys sources.' may commit an average of 240 such Diagnostic Criteria Interviews were crimes, and that exhibitionists, frot- conducted over an eight-year period teurs, and voyeurs commit an average (1977 to 1985), during which time the of over 500 paraphilic acts each. Diagnostic and Statistical Manual of Previous studies5**have also under- Mental Disorders of the American Psy- estimated the number of different types chiatric Association was revised from of paraphilia in which sex offenders DSM-I1 to DSM-111. Both DSM-I1 and may participate. With information ob- DSM-I11 describe nearly all of the char-

154 Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 Multiple Paraphilic Diagnoses acteristics of paraphilias appearing in paraphilia by relying upon the DSM-I1 this study, i.e., unusual or bizarre im- or DSM-I11 criteria, therefore, would agery or acts that tend to be insistently undermine any investigation into the and involuntarily repetitive, generally coexistence of multiple paraphilic di- involving the preference for the use of agnoses in a single subject. Regardless a nonhuman object for , of what proportion of sexual arousal re- repetitive activities with humans in- sulted from paraphilic interests or fan- volving real or simulated suffering or tasies, the victimization and the attend- humiliation, or repetitive sexual activi- ant consequences still occurred. This ties with nonconsenting partners. All study describes individuals who, at subjects reported recurrent, repetitive times, participated in nonparaphilic be- urges to carry out these deviant sexual haviors without relying on paraphilic behaviors; subjects were not included thoughts, and, at other times, used par- simply because they had committed the aphilic thoughts to develop fantasy, behavior. , and/or behaviors. Thus, our Diagnostic problems arose, however, diagnostic criteria in this one respect when the criteria for diagnosis using varied with the diagnostic criteria out- DSM-I1 and DSM-I11 indicated that the lined in DSM-I1 and DSM-111. subject's predominating sexual activity Based upon the subjects' reported life must involve paraphilic behavior history, we categorized each paraphilic (DSM-11), or that sexual excitement is diagnosis by gender and age of target possible only when the individual fan- (less than 14, 14 to 17, and more than tasizes or uses paraphilic images or be- 17 years of age) except in paraphilias haviors to become sexually excited where such divisions were irrelevant (DSM-111). We discovered that these (e.g., bestiality, , some fe- latter criteria were inconsistent with our tishes). The majority of targets of the clinical experience with individuals who various paraphilic interests were fe- repetitively carry out paraphilic acts. male, except in cases of child moles- The majority of paraphiliacs in our sub- tation involving assaultive behavior. ject population could become involved Categories were subsequently col- with adult partners without relying lapsed across genders except in the cat- upon paraphilic fantasies and behav- egory of child molestation. The familial iors. Many indicated that they preferred relationship of the perpetrator to the paraphilic fantasies or behaviors to non- target was also initially categorized but paraphilic sexual behaviors, but both was subsequently ignored for all diag- paraphilic and nonparaphilic sexual be- noses except child molestation. The havior clearly coexisted in most of the number of pedophiles involved in in- subjects. cestuous activities was quite significant In most cases, the DSM-I1 or DSM- and appeared to warrant discrimination I11 definition of paraphilia excludes the from nonincestuous child molestation. possibility of multiple, concomitant The behaviors characterizing the 21 paraphilias. To determine a diagnosis of categories of paraphilias (see Table 2)

Bull Am Acad Psychiatry Law, Vol. 16, No. 2, Abel et a/. are described in DSM-I1 and DSM-111. verse consequences. Subjects were The public masturbator differed from given the opportunity to discuss their the exhibitionist in that the former mas- concerns and to ask questions before turbated in a public setting but made no signing the consent form. attempt to expose his penis to his target. All subjects underwent a structured The exhibitionist, by contrast, became clinical interview'~1° focusing on spe- maximally aroused by exposing his cific demographic characteristics, num- penis to an unsuspecting target. Uro- bers and types of deviant acts, and num- lagnia involved sexual gratification as ber of victims. The subjects were again the perpetrator urinated on his victim reminded of the confidentiality of the or was urinated upon by others. Two data and the voluntary nature of their subjects were seen who were aroused participation, and told that they were by specific odors associated with men free to withdraw at any time for any rea- or women and appeared to be distinct son. If subjects were easily able to recall from coprophiliacs in that the odor to and describe the variety and complexity which they were particularly attracted of their paraphilic interests, the struc- did not involve . tured clinical interview lasted approxi- Three nonparaphilic categories of mately one hour. If subjects experi- sexual behavior (rape of adult women, enced difficulty, the interview lasted up transsexualism, and ego-dystonic ho- to five hours. mosexuality) were included in the sam- Numerous problems arose during the ple to investigate whether these cate- clinical interviews. First, it was some- gories of sexual behavior correlated times difficult for subjects to describe with any traditional paraphilic behav- the frequency of their involvement with ior. By including these three nonpara- paraphilias that had developed much philic categories, it was hoped that fur- earlier in their lives. To assist the sub- ther scientific data could be gathered to jects with the chronology of their de- substantiate or refute the inclusion of viant arousal and to improve the valid- these three categories of behavior in the ity of their reports, interviewers paraphilia category. attempted to associate important events Procedure In an effort to minimize in the subjects' lives with the onset and the subjects' attempts to conceal their frequency of their paraphilias. deviant behavior, each subject viewed Second, some subjects reported sev- a one-hour, videotaped presentation eral paraphilias occurring simultane- that explained the human investigation ously but at different frequencies. Such aspects of the study, the confidentiality reports tended to indicate that, as one of the data, and the protection afforded paraphilia rose to become the predom- to him under the Certificate of Confi- inating deviant behavior, others would dentiality. Subjects were informed that become less dominant. This wave effect their participation was strictly volun- continued as another paraphilia rose to tary and that they were free to withdraw dominance and other deviant interests from the study at any point without ad- diminished. Special care was taken

156 Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 Multiple Paraphilic Diagnoses under these circumstances to separate Results the occurrences and frequencies of the The age range of the study population various paraphilias. of 561 males was 13 to 76 years, with a Third, the validity of the frequency mean age of 31.5. Of these, 67 percent of past deviant behaviors was a major fell into the age range of 20 to 39 years concern. Verification of the subjects' of age. Approximately half of the study reported frequency of paraphilic acts population were single and the remain- with arrest records proved to be inef- ing half either were married, had been fective because the subjects' reported married, or had formed a significant, frequencies of deviant behavior were "living with" relationship with an adult substantially higher than the number of partner. The ethnic distribution was actual arrests. For example, the ratio of 62.1 percent white, 23.8 percent black, arrest to reported commission of the vi- and 11.2 percent Hispanic. The major- olent crimes of rape and child moles- ity of the participants had completed tation was approximately 1 :30 and the high school and 40 percent had com- ratio of arrest to reported commission pleted at least one year of college. of the less violent crimes of exhibition- Nearly two thirds (65%) of the subjects ism and was approximately were fully employed and earned annual 1: 150. When the subject reported a incomes in the range of $7,500 to range in the frequency of his deviant be- $25,000. Approximately 30 percent havior (e.g., three to five times a were referred for evaluation through month), the lowest value was selected legal or judicial sources, and 30 percent so that the data would reflect minimal were referred by mental health profes- frequencies of deviant behavior. Only sionals. The remainder were referred by incidents of deviant behavior as re- other sources, including self-referral. ported by the subject himself were in- To determine a paraphilic diagnosis, cluded. For example, if a family mem- the data were analyzed according to the following four subcategories: (1) gender ber reported five incidents of deviant of target, (2) age of target, (3) inces- behavior but the subject reported only tuous versus nonincestuous behavior, two, then the interviewer recorded two and (4) assaultive versus nonassaultive acts. Conversely, if the subject reported behavior. All paraphilic diagnoses were ten acts of deviant behavior but his ar- classified by each of these subcatego- rest record reflected only three, then ries and the frequency of occurrence of the interviewer recorded ten acts. each subcategory was determined. It Fourth, the possibility of overreport- should be noted that, in order to be in- ing was addressed. In the few instances cluded in a diagnostic category, a sub- of suspected overreporting, the inter- ject must have reported an overt act in view was repeated until data were con- that category; deviant arousal alone sistent. If repeated interviews failed to was not sufficient. yield consistency, the subject's data Gender of Target In our total popu- were not included in the study. lation of 561 subjects, we observed that

Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 157 Abel et a/.

Table 1 (8.4%) participated in deviant behavior Target Age that was not classifiable according to No. of % of age of target, e.g., fetishism. Analysis Subjects Subjects of these data reveals that 239 subjects Child, adolescent, (42.3%) targeted victims in at least two adult Chiid and age groups. adolescent Incestuous versus Nonincestuous Be- Child and adult havior It is commonly thought that Adolescent and adult paraphiliacs offend either against their Child only family members or against nonfamily Adolescent only Adult only members, but rarely against both. In Not applicable our total population of 561 subjects, we Total observed that 3 15 (56.1%) participated in nonincestuous deviant behavior only and 68 (12%) participated in incestuous 377 (67.2%) targeted only females and deviant behavior only. Again, 47 sub- 67 (11.9%) targeted only males. Five jects participated in deviant behavior subjects participated in deviant behav- that was not classifiable in this subcat- ior that was not classifiable in this sub- egory, e.g., fetishism. A total of 131 category, e.g., fetishism. A total of 112 (23.3%) subjects offended against both (20%) subjects offended against both family and nonfamily targets, indicating male and female targets, indicating that that this subgroup of the study popu- this subgroup of the study population lation participated in deviant behavior participated in deviant behavior irres- irrespective of familial relationship. pective of gender of target. Assaultive versus Nonassaultive Behav- Age of Target Another important ior Subjects were next categorized by area of concern was age of the victims, assaultive or nonassaultive paraphilic i.e., whether a paraphiliac who offends behavior to determine whether para- against a young child would also com- philiacs who committed assaultive acts mit acts against an adolescent and/or an (child molestation, rape, frottage) also adult, and vice versa. Subjects were di- carried out nonassaultive paraphilic be- vided into three categories of age of tar- haviors (public , voyeur- get: children less than 14 years of age, ism, ) and vice versa. In adolescents 14 to 17 years of age, or our total population of 561 subjects, we adults (more than 17 years of age) observed that 331 (59%) participated in (Table 1). In our total population of 561 assaultive deviant behavior only and 84 subjects, we observed that 275 subjects (14.9%) participated in nonassaultive (49%) targeted victims in only one age deviant behavior only. However, 146 group, 176 subjects (3 1.3%) targeted (26%) subjects participated in both as- victims in two age groups, and 63 sub- saultive and nonassaultive deviant be- jects (11.2%) targeted victims in all havior indicating that this subgroup of three age groups. Forty-seven subjects the study population offended against

158 Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 Multiple Paraphilic Diagnoses targets involving both touching and in which our subjects could have been nontouching behaviors. involved. (For this and subsequent The foregoing analyses indicate that analyses, pedophiles targeting children a significant percentage of paraphiliacs less than 14 years of age and those tar- cross gender, age, familial, and assaul- geting adolescents aged 14-17 were tive/nonassaultive behavior boundaries combined into a single category.) during the commission of paraphilic The percentage of subjects in each of acts. the 21 diagnostic categories who had We next examined the interrelation- one or more paraphilic diagnoses ap- ship between paraphilic diagnoses. The pears in Table 2. Excluding infrequently full impact of the results of this study seen categories having less than 12 sub- emerges when the crossings of deviant jects per category (such as obscene behaviors are combined in order to de- mail, , coprophilia, and attrac- termine multiple paraphilic diagnoses. tion to specific odors), subjects in all Number of Paraphilic Diagnoses by Di- other diagnostic categories had histo- agnostic Category Our clinical experi- ries of numerous other separate para- ence with this population of 561 sub- philic diagnoses. There were at least a jects indicates that, when multiple few subjects in each category who had paraphilias exist in the same subject, as many as 10 different paraphilic di- one paraphilia initially takes domi- agnoses. nance. A second paraphilia develops Because of preselection, it was as- and overtakes the first in dominance, sumed that the relative occurrence of and then continues for a number of paraphiliacs in the sample was unrepre- months or years, while the first contin- sentative of the general population, ex- ues at a greatly reduced intensity. On cept for the relative occurrence of the rare occasions, the initial paraphilia will subcategories of child molesters. To appear to lose its arousal properties en- avoid skewing of the data by overre- tirely for the patient and essentially dis- presentation of some groups (e.g., child appear. Because our role was to deter- molesters) and underrepresentation by mine the existence of more than one others (e.g., voyeurs) and to obtain a paraphilia in the same subject, we less biased appraisal of the number of elected to count all paraphilias that had different paraphilias in the "average occurred during his lifetime, even paraphiliac," the percentage of each of though some were no longer actively the 21 paraphilic classifications with arousing or erection producing. The one or more paraphilias was calculated temporal relationship among the var- and then averaged across all 21 para- ious paraphilic diagnoses awaits further philic categories. This averaged inci- analysis. dence of concomitant or nonconcomi- Clinical interviews revealed that a tant paraphilic diagnoses is reflected in number of subjects were involved in dif- Figure 1. Only 10.4 percent of these ferent paraphilias during their lives. "average paraphiliacs" had one diag- There were 21 categories of paraphilia nosis, 19.9 percent had two diagnoses,

Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 159 Abel et a/.

Table 2 Percentage of Paraphiliacs with Multiple Paraphilias

% of Paraphiliacs Diagnosis I* 2* 3* 4' 5' 6* 7* 8' 9' 10'

Pedophilia 15.2 23.7 19.2 14.7 9.4 4.5 6.7 3.1 1.3 2.2 (nonincestuous), female target 19.0 26.8 19.6 12.4 4.6 3.9 6.5 3.9 .7 2.6 (nonincestuous), male target Pedophilia 28.3 25.8 17.0 5.7 8.2 3.8 5.0 1.9 .6 3.8 (incestuous), female target Pedophilia 4.5 15.9 20.5 18.2 13.6 6.8 9.1 2.3 .O 9.1 (incestuous), male target Rape 27.0 17.5 19.0 12.7 7.1 3.2 7.9 1.6 1.6 2.4 Exhibitionism 7.0 20.4 22.5 15.5 7.0 7.0 9.2 4.9 2.8 3.5 Voyeurism 1.6 9.7 27.4 14.5 12.9 8.1 11.3 8.1 3.2 3.2 Frottage 21.0 16.1 12.9 16.1 11.3 3.2 12.9 3.2 .O 3.2 Obscene mail .O 33.3 66.7 .O .O .O .O .O .O .O Transsexualism 51.7 31.0 13.8 3.4 .O .O .O .O .O .O Transvestitism 6.5 29.0 29.0 9.7 .O 6.5 12.9 .O 6.5 .O Fetishism .O 15.8 21.1 15.8 26.3 5.3 10.5 .O 5.3 .O Sadism .O 17.9 28.6 14.3 14.3 3.6 3.6 3.6 7.1 7.1 Masochism .O 41.2 11.8 5.9 11.8 5.9 5.9 5.9 5.9 5.9 25.0 41.7 25.0 4.2 .O .O .O 4.2 .O .O Obscenephonecalling 5.3 5.3 21.1 21.1 5.3 10.5 15.8 5.3 5.3 5.3 Public masturbation 5.9 17.6 .O 17.6 17.6 17.6 5.9 5.9 5.9 5.9 Bestiality .O 28.6 7.1 14.3 14.3 7.1 14.3 .O 14.3 .O Urolagnia .O .O .O 25.0 .O 25.0 .O .O 25.0 25.0 Coprophilia .O .O .O .O .O .O .O 50.0 25.0 25.0 Arousal to odors .O .O 50.0 .O .O .O .O 50.0 .O .O

Refers to number of paraphilias.

20.6 percent had three diagnoses, and highest percentage (52%) of individuals 11.5 percent had four diagnoses. The re- with only one paraphilia were those in- maining 37.6 percent were concomi- volved with transsexualism. In each of tantly or nonconcomitantly involved in the other 17 categories of paraphilias five to ten different paraphilic behav- presented, less than 30% of the subjects iors. confined their deviant behavior to only The percentage of cases in each di- one paraphilia. In 10 categories of par- agnostic category with only one para- aphilia, less than 10 percent of subjects philia is indicated in Table 3. Categories had participated in only one type of par- containing fewer than 12 subjects were aphilic behavior. It was especially im- excluded because the number of sub- pressive that no cases of fetishism, sad- jects was considered too small to rep- ism, masochism, or bestiality were seen resent such paraphilias reliably. The in which an individual had only one par-

160 Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 Multiple Paraphilic Diagnoses

havior, the likelihood of the possible presence of other paraphilias relative to that indicated in column 1 is indicated in Table 4, a cross-diagnosis table. (Note: Table 4 should be read from left to right and not from top to bottom.) To ensure that the number of paraphiliacs who had multiple paraphilic diagnoses indeed reflected more than a simple de- viant sexual arousal, data reflect the number of subjects who had reported actual commission of different para- philic acts. Table 4, Column 1, includes the possible paraphilic diagnoses. Col- umns 2 through 22 represent additional O1llllaatatl 012345678910 concomitant or nonconcomitant para- Number of Paraphilias philic behaviors that subjects had com- Figure 1. Average number of paraphilias. mitted. By reading across row 1, for ex- ample, one sees in Column 2 that 100 percent (224 subjects) represents the aphilic diagnosis. These results clearly total subsample of men involved with indicate that paraphiliacs with only one girls outside the home. Reading further paraphilia are rare. to the right, 35 percent of these indi- The average number of different par- viduals were (or had been) also involved aphilias found in the histories of the 561 in male nonincestuous pedophilia, 35 subjects in our study population is percent in female incestuous pedophi- shown in Table 3. Except for those with lia, 12 percent in male incestuous pe- a diagnosis of transsexualism or ego- dophilia, 25 percent in rape, 29 percent dystonic homosexuality, the average in exhibitionism, 14 percent in voyeur- number of paraphilias by diagnosis was ism, 11 percent in frottage, and so forth. in the range of three to five paraphilias Therefore, from the clinical standpoint, per diagnostic category. Especially re- 35 percent of paraphiliacs involved in vealing was that multiple paraphilias nonincestuous deviant behavior with were very common in individuals tra- female targets have a high probability ditionally considered to have only one of having been involved with noninces- paraphilia, i.e., female-targeted tuous deviant behavior with male tar- pedophilia and male-targeted incest pe- gets. By examining each row, one can dophilia. see the frequent history of cross-diag- To understand which paraphiliacs nostic behavior that exists in paraphi- have histories of having committed liacs. For those diagnoses with fewer other specific types of paraphilic be- than 12 subjects per category, i.e., ob-

Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 161 Abel et a/.

Table 3 Percentage of Subjects with Only One Diagnosis and Average Number of Paraphilias per Subject

No. of % with only Average No. Total Diagnosis Subjects' 1 Diagnosis of Paraphilias Paraphilias

Pedophilia (nonincestuous), 806 female target Pedophilia (nonincestuous), 520 male target Pedophilia (incestuous), 493 female target Pedophilia (incestuous), 198 male target Rape 41 6 Exhibitionism 596 Voyeurism 298 Frottage 236 Transsexualism 49 Transvestitism 118 Fetishism 84 Sadism 129 Masochism 75 Homosexuality 55 Obscene phone calling 97 Public masturbation 87 Bestiality 67 Total 4,324

* A subject is included in each diagnostic category in which he reported a completed act of paraphilic behavior. Therefore, overlapping of subjects across categories occurs.

scene mail, urolagnia, coprophilia, and jects who reported involvement with fe- arousal to specific odors, these data male incestuous pedophilia, 49 percent should be interpreted cautiously. With had histories of also having been in- the exception of these four categories volved in female nonincestuous pedo- and transsexualism, all categories of philia, 12 percent in male nonincestuous paraphilia had large percentages of sub- pedophilia, and 12 percent in male in- jects who had also participated at one cestuous pedophilia. Of the 44 subjects time or another in other types of para- who reported involvement with male in- philic behavior. cestuous pedophilia, 61 percent had his- Especially impressive were results in tories of also having been involved with the categories of child molestation. Of female nonincestuous pedophilia, 68 the 153 subjects involved with boys out- percent with male nonincestuous pe- side the home, 51 percent had histories dophilia, and 43 percent with female in- of also having been involved with girls cestuous pedophilia. From these data, outside the home, 12 percent with girls it becomes apparent that child molest- within the home, and 20 percent with ers have a very high incidence of de- boys within the home. Of the 159 sub- viant behavior with both family and

162 Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 Multiple Paraphilic Diagnoses nonfamily targets. Furthermore, these other deviant behaviors in this subsam- data suggest that, contrary to traditional ple of paraphiliacs. belief, incestuous child molesters are or Voyeurs, frotteurs, and fetishists all have been involved very frequently revealed histories of paraphilic interests with children outside the home. in other major categories of paraphilia. Rapists also demonstrated a high in- Sadists and masochists also appear to cidence of concomitant or nonconcom- have or have had experiences with itant cross diagnosis. Of the 126 sub- other types of paraphilia. Of greatest jects who had raped an adult woman, concern is that 46 percent of sadists re- 44 percent had also been involved in fe- ported involvement with rape behavior, male nonincestuous pedophilia, 14 per- the highest percentage of cross-diag- cent in male nonincestuous pedophilia, nosis into the rape category of any other and 24 percent in female incestuous pe- category of paraphilia. dophilia; 28 percent had histories of ex- Ego-dystonic homosexuals, obscene hibitionism, 18 percent of voyeurism, phone callers, and public masturbators and the remainder had been involved, all had significant histories of involve- to a lesser degree, in other types of par- ment with other paraphilias. It is diffi- aphilia. cult to draw conclusions from infre- Exhibitionists had a high degree of quently seen paraphiliacs (e.g., senders other concomitant or nonconcomitant of obscene mail) because these cate- paraphilic behaviors in addition to ex- gories of paraphilia occurred at a low hibitionism. Forty-six percent had been frequency in the study population and, involved in female nonincestuous pe- therefore, these findings need corro- dophilia, 22 percent in male noninces- boration from studies of larger subject tuous pedophilia, 22 percent in female populations. incestuous pedophilia, 25 percent in In summary, examination of Table 4 rape, 28 percent in voyeurism, and 16 suggests that our traditional view of percent in frottage. Smaller proportions paraphiliacs has been somewhat naive. of exhibitionists had been involved in With the exception of transsexuals, the other categories of paraphilia. An there is a significant incidence of cross- impressive aspect of these findings was ing of deviant sexual behaviors. that, contrary to some traditional texts, Conclusions the exhibitionists evaluated frequently The principal conclusion to which were involved in a large variety of other this study points is that paraphiliacs fre- paraphilic behaviors at one time or an- quently participate in a variety of dif- other, some overtly aggressive. Once ferent paraphilias and that the paraphi- again, these data do not indicate that all liac with a history of only one paraphilia exhibitionists have also been involved is rare. These assertions are at variance in other paraphilias, but it certainly sug- with the traditional view of the para- gests that there is a much higher like- philiac, i.e., as one who becomes fix- lihood of a history of involvement in ated on one type of paraphilia to the ex-

Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 163 Table 4 Percentage of Cross-Diagnosis by Paraphilia

-I2 0 (I) 3 3 (I) -03 p2om a, f? Kgz$ .- .- c 0 .-KO$3 .-". -c 0 C u .-5 E,, 5 (I]=la r .so mo g*:~ .-E.z - 5.5 c .- (I] % .E = -O .- Ez a,.i 2.: .n.~~~g~r g o.? aza--a .-+;psm>-- (I)r!+J OK=.-0"O: kZz2 (I) 0 a,o 0 a,o a, ?2 L :: g % " " (I)5 a xoPo FFa, 0 425 a, L 0 2 22CT w > u o I- u V) I O~LEm 2 o a Female nonincestuous pedophilia Male nonincestuous pedophilia Female incestuous pedophilia Male incestuous pedophilia Rape

Exhibitionism

Voyeurism Frottage N 241210 414231462 0 0 137 0 0 4 2 100 1 ZE % 391916 7233723100 0 0 2 511 0 0 7 3 2 0 0 2 5 Obscene mail N 101011003000001000000 -o_ %3303303333001000000033000000 " Transsexualism N 0010010002990007000000 % 0040040001003100024000000 $ Transvestitism N 74726113109312346314210 % 23 13 23 7 19 36 10 3 0 29 100 7 10 13 19 10 3 13 7 3 0 -.- Fetishism N10653544300219122010100 % 533226 162621 21 16 0 0 11100 5 11 11 0 5 0 5 0 0 &In Sadism N117911367700312850422220 5 % 392532 446212525 0 011 410018 014 7 7 7 7 0 0 Masochism N 6651361000425172001220 g % 35 35 29 6 18 35 6 0 0 0 24 12 29100 12 0 0 6 12 12 0 Homosexuality N 1312030017620224001100 % 413 4 8 013 0 0 42925 8 0 8100 0 0 4 4 0 0 Obscene phone N 83507129400304001922010 calling % 42 16 26 0 37 63 47 21 0 0 16 0 21 0 0100 11 11 0 5 0 Publicmasturbation N 5 2 4 1412 5 2 0 0 1 1 2 0 0 217 1 1 10 % 291224 624712912 0 0 6 612 0 012100 6 6 6 0 Bestiality N10163356100402112114110 % 71 743 21 21 3643 7 0 0 29 0 14 7 7 14 7100 7 7 0 Urolagnia N 212202100021221011420 % 50 25 50 50 0 50 25 0 0 0 50 25 50 50 25 0 25 25 100 50 0 Coprophilia N 423103100010220111240 % 100 50 75 25 0 75 25 0 0 0 25 0 50 50 0 25 25 25 50 100 0 Arousal to odors N 000011210000000000002 % 0 0 0 0505010050 0 0 0 0 0 0 0 0 0 0 0 0100 Abel et a/.

clusion of other kinds of deviant sexual the scope of the various deviant sexual behavior. activities of each subject. Because these results challenge our A third and extremely important fac- traditional view of the paraphiliac, one tor is the issue of confidentiality. Be- might question the validity of these cause the majority of prior research on findings. Why have traditional inter- paraphilias has been conducted within views failed to reveal a variety of par- the prison setting, where confidentiality aphilias? One reason might be the is limited, it is not surprising that the amount of time required to obtain a sub- subjects reported a low incidence of ject's full history. When histories are multiple paraphilias. Using the various taken in the rush of forensic evaluation, means of maintaining confidentiality the interviewer is likely to focus upon described earlier, we found that sub- behaviors that have come to his or her jects would more honestly report their attention. The interviews used in this various paraphiliac behaviors if they study were time consuming (from one felt assured that negative repercussions to five hours in duration) but provided as a result of such revelations would not the subject with the opportunity to es- be forthcoming. Where confidentiality tablish rapport with the examiner and is minimal or nonexistent, concealment to acquire some degree of comfort with is common, and therefore histories will the interview. be less valid. A second factor might be the lack of The finding that histories of multiple specificity in the questions that inter- paraphilias are common and cross-di- viewers pose. Our early experience in- agnoses are a frequent occurrence should be of importance to clinical judg- dicated that suspected paraphiliacs did ments regarding paraphilias. For ex- not volunteer information relative to all ample, it is customarily believed that of their deviant sexual activities. Ini- cases of incest simply result from dis- tially, interviews focused on the behav- torted family dynamics and that indi- ior that had come to our attention. As viduals involved in incest are unlikely we gained greater experience and to be involved in other types of para- greater knowledge about the frequent philias. This conclusion, however, is in- occurrence of multiple deviant behav- consistent with the findings described iors, the interviewers were more aware above. These results and prior psycho- of the need to ask specific questions physiological investigation of inces- about other types of paraphilias. As in- tuous and nonincestuous pedophiles2." terviews became more structured, in- suggest that incest cases frequently in- terviewers worked from a listing of all volve individuals who participate in possible paraphilias and asked each nonincestuous activities in addition to subject about his participation in each. incestuous behaviors. Similarly, indi- Although the latter technique was viduals involved with children outside rather routine and nonspontaneous, it the home frequently have concurrent was critical for an accurate recording of involvement with children within the

166 Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 Multiple Paraphilic Diagnoses home. Treatment plans and assessment a result of the first deviant act may rein- strategies must therefore investigate force the rationalization or acceptability both of these possibilities. The presence of the act for the perpetrator. Thus, he of more serious paraphilias in individ- may feel less inhibited about acting uals with "benign" paraphilias should upon other paraphilic fantasies. also be of concern. Some professionals Regardless of how one might inter- have considered exhibitionists, voy- pret the theoretical implications of the eurs, and fetishists as being rather be- results of this study, a number of factors nign, nuisance paraphiliacs. These re- suggest that these findings are repre- sults, however, suggest that some (but sentative of paraphiliacs seeking psy- not all) of the benign paraphilias may chiatric or psychological evaluation and actually lead to very aggressive behav- treatment. The large subject population iors and should not be viewed as reli- was collected at two different sites in ably benign. Further clinical relevance the United States, both offering assess- of these results is the indication that ment and treatment services for indi- treatment must be modified to incor- viduals seeking help in controlling their porate all of the various paraphilias that sexual behavior. Both sites emphasized an individual might have. If an individ- treatment for assaultive sex offenders ual involved in incestuous pedophilia is (child molesters and rapists), which is also involved with children outside of the major treatment emphasis for most the home, then treatment must focus on sex offender treatment programs the full scope of the individual's pedo- throughout the country. Furthermore, philic interests including the possibility the considerable consistency with of other, unsuspected paraphilias. which paraphiliacs reported involve- Without a thorough investigation of an ment in multiple paraphilias (regardless individual's deviant interests and the of an initial category of paraphilia) ap- formulation of a comprehensive treat- pears to support the validity of these ment program, recidivism is much more new findings. likely. Prevention of sexual violence and de- Finally, the theoretical relevance of viant sexual acts necessitates a better these findings must be considered. Why appreciation of the perpetrator-who do paraphiliacs have histories of so he is and what his deviant interests many different paraphiliac interests and are-so that appropriate services may behaviors? If a specific conflict ac- be provided to control sexually deviant counted for one discreet type of para- behavior and to prevent further victim- philia, how could it explain the exis- ization. tence of multiple paraphilias in the same individual? Because paraphilic behav- References ior is, by and large, a secretive event, Abel GG, Becker JV, Mittelman M, et al: and because most paraphilic acts re- Self-reported sex crimes of non-incarcer- ated paraphiliacs. Journal of Interpersonal main unreported, it may be that failure Violence 2:3-25, 1987 to experience aversive consequences as Abel GG, Mittleman MS, Becker JV: Sexual

Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 Abel et a/.

offenders: results of assessment and rec- Washington, DC: U.S. Government Printing ommendations for treatment, in Clinical Cri- Office. 1977- 1980 minology: Current Concepts. Edited by 8. Frisbie LV, Vanasek FJ, Dingman HF: The Ben-Aron MH, Hucker SJ. Webster CD. self and the ideal self: methodological study Toronto, M & M Graphics, 1985 of pedophiles. Psycho1 Rep 20:699-706. 3. Abel GG, Rouleau JL: Sexual disorders, in 1967 Medical Basis of Psychiatry. Edited by Wi- 9. Abel GG, Rouleau J, Cunningham-Rathner nokur G, Clayton P. Philadelphia: Saunders J: Sexually aggressive behavior. in Modem (in press) Legal Psychiatry and Psychology. Edited by 4. Protection of Identity-Research Subjects. Curran W, McGany AL. Shah SA. Phila- 40 Fed Reg 234 (December 4, 1975) delphia, Davis, 1985 5. Gebhard PH;Gagnon JH. Pomeroy WB, et 10. Abel GG: A clinical evaluation of possible al: Sex Offenders. New York. Harper & sex offenders, in The Incest Offender, The Row, 1965 Victim, The Family: New Treatment Ap- 6. Flanagan TJ, van Alstyne DJ, Gottfredson proaches. White Plains, NY, The Mental MR (eds): Sourcebook of Criminal Justice Health Association of Westchester County, Statistics-1981. U.S. Law Enforcement 1985 Assistance Administration, National Crim- 11. Abel GG, Becker JV, Murphy WD, et al: inal Justice Information and Statistics Ser- Identifying dangerous child molesters, in Vi- vice. Washington, DC, U.S. Government olent Behavior: Social Learning Ap- Printing Office, 1982 proaches to Prediction, Management, and 7. U.S. Department of Justice: Uniform Crime Treatment. Edited by Stuart R. New York, Reports (Federal Bureau of Investigation). BrunnerIMazel, 1981

Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 10 U.S. Code § 920 - Art. 120. Rape and generally

(a)Rape.—Any person subject to this chapter who commits a sexual act upon another person by— (1) using unlawful force against that other person; (2) using force causing or likely to cause death or grievous bodily harm to any person; (3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (4) first rendering that other person unconscious; or (5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct; is guilty of rape and shall be punished as a court-martial may direct. (b)Sexual Assault.—Any person subject to this chapter who— (1) commits a sexual act upon another person by— (A) threatening or placing that other person in fear; (B) causing bodily harm to that other person; (C) making a fraudulent representation that the sexual act serves a professional purpose; or (D) inducing a belief by any artifice, pretense, or concealment that the person is another person; (2) commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or (3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to— (A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or (B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person; is guilty of sexual assault and shall be punished as a court-martial may direct. (c)Aggravated Sexual Contact.— Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct. (d)Abusive Sexual Contact.— Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (b) (sexual assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct. (e)Proof of Threat.— In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat. (f)Defenses.— An accused may raise any applicable defenses available under this chapter or the Rules for Court- Martial. is not a defense for any conduct in issue in any prosecution under this section. (g)Definitions.—In this section: (1)Sexual act.—The term “sexual act” means— (A) contact between the penis and the vulva or anus or mouth, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; or (B) the penetration, however slight, of the vulva or anus or mouth, of another by any part of the body or by any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. (2)Sexual contact.—The term “sexual contact” means— (A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, , inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or (B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body. (3)Bodily harm.— The term “bodily harm” means any offensive touching of another, however slight, including any nonconsensual sexual act or nonconsensual sexual contact. (4)Grievous bodily harm.— The term “grievous bodily harm” means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose. (5)Force.—The term “force” means— (A) the use of a weapon; (B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or (C) inflicting physical harm sufficient to coerce or compel submission by the victim. (6)Unlawful force.— The term “unlawful force” means an act of force done without legal justification or excuse. (7)Threatening or placing that other person in fear.— The term “threatening or placing that other person in fear” means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.

(8)Consent.— (A) The term “consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent. (B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1). (C) Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.

The National Center for the Prosecution of False Reports: Moving Violence Against Women Beyond the Issue to Successfully Investigate and Prosecute Non- Stranger Sexual Assault BY DR. KIMBERLY A. LONSWAY, SGT. JOANNE ARCHAMBAULT (RET.), DR. DAVID LISAK 1 The issue of false reporting may be one of opinions, based either on personal experi- the most important barriers to successfully ence or a non-systematic review (e.g., of investigating and prosecuting sexual assault, police files, interviews with police investiga- THE especially with cases involving non-strangers. tors, or other information with unknown In this article, we will begin by reviewing the reliability and validity). research on the percentage of false reports voice and then go on to discuss some of the com- Prior “research:” The Kanin Helping plex issues underlying societal beliefs and s t u d y attitudes in this area. Prosecutors In the most frequently cited study on this Give Victims a How Many Sexual topic, Professor Eugene Kanin (1994) Voice Assault Reports are reported that 41% of the 109 sexual assault F a l s e ? reports made to one midwestern police agency were deemed to be false over a One of the most common questions we nine-year time period. However, the deter- address in training presentations with pro- mination that the charges were false was fessionals—as well as personal conversa- made solely by the detectives; this evalua- tions with lay people—is how many sexual tion was not reviewed substantively by the assault reports are false. In the research lit- researcher or anyone else. As Lisak (2007) erature, estimates for the percentage of sex- describes in an article published in the ual assault reports that are false have varied Sexual Assault Report: widely, virtually across the entire possible Kanin describes no effort to systemize his own ‘evaluation’ spectrum. For example, a very comprehen- of the police reports—for sive review article documented estimates in example, by listing details or the literature ranging from 1.5% to 90% facts that he used to evaluate American Prosecutors (Rumney, 2006). However, very few of these the criteria used by the police Research Institute to draw their conclusions. Nor estimates are based on research that could does Kanin describe any effort be considered credible. Most are reported to compare his evaluation of without the kind of information that would those reports to that of a sec- Volume 3 be needed to evaluate their reliability and ond, independent research— Number 1 providing a ‘reliability’ analysis. validity. A few are little more than published This violates a cardinal rule of science, a rule designed to Methodologically rigorous researchers to be false (e.g., a relative or ensure that observations are research finds 2-8% boyfriend). not simply the reflection of the bias of the observer (p. 2).2 In contrast, when more methodologically Grace, Lloyd, and Smith (1992) conducted a In other words, there is no way to explore rigorous research has been conducted, similar analysis of the evidence in all 348 whether the classification of these cases as estimates for the percentage of rape cases reported to police in England false was simply made as a result of the false reports begin to converge and Wales during the first three months of detectives’ own perceptions and biases, around 2-8%. 1985. After reviewing the case files, reports without any real investigation being con- from forensic examiners, and the statements ducted. This concern is compounded by the For example, in a multi-site study of eight of victims and suspects, 8.3% were deter- fact that the practice of this particular police U.S. communities involved in the “Making a mined to constitute false allegations. This department was to make a “serious offer to Difference” (or “MAD”) Project, data were study was sponsored by the British Home polygraph” all rape complainants and sus- collected by law enforcement agencies for Office. pects (Kanin, 1994, p. 82). In fact, this prac- all sexual assault reports received in an 18- tice “has been rejected and, in many cases, 24 month period. Of the 2,059 cases that A similar study was then again sponsored by outlawed because of its intimidating impact were included in the study, 140 (7%) were the Home Office in 1996 (Harris & Grace, on victims” (Lisak, 2007, p. 6). The reason is classified as false. This is particularly note- 1999). This time, the case files of 483 rape because many victims will recant when faced worthy because a number of measures were cases were examined, and supplemented with apparent skepticism on the part of the taken to protect the reliability and validity of with information from a limited number of investigator and the intimidating prospect of the research. First, all participating law interviews with sexual assault victims and having to take a polygraph examination. Yet enforcement agencies were provided train- criminal justice personnel. However, the such a recantation does not necessarily ing and technical assistance in an ongoing determination that a report was false was mean that the original report was false. way to ensure that they were applying con- made solely by the police. It is therefore not sistent definitions for a false report. In addi- surprising that the estimate for false allega- In reality, there is no way that an investiga- tion, a random sample of cases was checked tions (10.9%) was higher than those in tor can make an appropriate determination for data entry errors. More information on other studies with a methodology designed about the legitimacy of a sexual assault the MAD Project is available at to systematically evaluate these classifica- report when no real investigation has been http://www.evawintl.org. tions. conducted—and the victim is intimidated by the department’s policy of making a “serious To date, the MAD study is the only research The largest and most rigorous study that is offer to polygraph” all rape complainants. As conducted in the U.S. to evaluate the per- currently available in this area is the third we will discuss at length below, the determi- centage of false reports made to law one commissioned by the British Home nation that a report is false can only be enforcement. The remaining evidence is Office (Kelly, Lovett, & Regan, 2005). The made on the basis of findings from a thor- therefore based on research conducted out- analysis was based on the 2,643 sexual ough, evidence-based investigation. side the U.S., but it all converges within the assault cases (where the outcome was same range of 2-8%. known) that were reported to British police As a result of these and other serious prob- over a 15-year period of time. Of these, 8% lems with the “research,” Kanin’s (1994) For example, Clark and Lewis (1977) exam- were classified by the police department as article can be considered “a provocative ined case files for all 116 rapes investigated false reports. Yet the researchers noted that opinion piece, but it is not a scientific study by the Toronto Metropolitan Police some of these classifications were based of the issue of false reporting of rape. It cer- Department in 1970. As a result, they con- simply on the personal judgments of the tainly should never be used to assert a sci- cluded that seven cases (6%) involved false police investigators, based on the victim’s entific foundation for the frequency of false reports made by victims. There were also mental illness, inconsistent statements, allegations” (Lisak, 2007, p. 1). five other reports made by someone other drinking or drug use. These classifications than the victim that were deemed by these were thus made in violation of the explicit

2 The Voice policies of their own police agencies. The is seen as risky or problematic and if the researchers therefore supplemented the suspect seems like a “nice guy” who doesn’t information contained in the police files by look like a stereotypic rapist. We describe collecting many different types of additional these characteristics as “red flags,” in the data, including: reports from forensic exam- characteristics of sexual assault cases. iners, questionnaires completed by police investigators, interviews with victims and What Are These victim service providers, and content analy- R e d F l a g s ? ses of the statements made by victims and National Center witnesses. They then proceeded to evaluate Concerns regarding the legitimacy of a sex- for the Prosecution of each case using the official criteria for estab- ual assault report are often triggered by the Violence Against Women lishing a false allegation, which was that presence of “red flags,” based on specific there must be either “a clear and credible Jennifer G. Long characteristics of the victim, suspect, or admission by the complainant” or “strong Director assault. Yet many of these “red flags” are evidential grounds” (Kelly, Lovett, & Regan, actually based on our cultural stereotypes of Kristina Korobov 2005). On the basis of this analysis, the per- Senior Attorney what constitutes “real rape.” centage of false reports dropped to 2.5%. As professionals, we are often reluctant to Finally, another large-scale study was con- believe that we share these stereotypes, but ducted in Australia, with the 850 rapes the reality is that everyone in our society is reported to the Victoria police between exposed to the same cultural messages 2000 and 2003 (Heenan & Murray, 2006). about sexual assault, and they inevitably Using both quantitative and qualitative influence how we think about it. Because methods, the researchers examined 812 these are societal stereotypes, they impact cases with sufficient information to make an not only jurors but also the other profes- appropriate determination, and found that sionals involved in sexual assault response only 2.1% of these were classified as false (e.g., law enforcement professionals, forensic reports. All of these complainants were then dramatically overestimates the percentage examiners, victim advocates, prosecutors, charged or threatened with charges for fil- of sexual assault reports that are false. It’s and other professionals). They even influence ing a false police report. probably not hard to imagine why. For friends and family, all too often preventing example, we have all seen how victims are them from providing the emotional support Of course, in reality, no one knows—and in portrayed in the media accounts of rape that victims of sexual assault so desperately fact no one can possibly know—exactly accusations made against popular sports and need. how many sexual assault reports are false. cultural figures. These media accounts show However, estimates narrow to the range of us just how easy it is for us as a society to It is typically not difficult for a professional 2-8% when they are based on more rigor- believe the suspect’s statements (a respect- working in this field to describe what our ous research of case classifications using ed cultural icon) and both discount the vic- society considers to be a “real rape.” For specific criteria and incorporating various tim’s statements and disparage her example, if you were to ask a roomful of protections of the reliability and validity of character. people to describe what sexual assault is the research—so the “study” does not sim- like, they might give some of the following ply codify the opinion of one detective who This tendency to overestimate the percent- common characteristics: may believe a variety of myths regarding age of false reports can then introduce bias • The victim and suspect do not know each false reporting. into an investigation and prosecution other—they are strangers. because it causes us to give less credibility • A weapon was used and/or physical vio- This realistic and evidence-based estimate of to victims and more credibility to suspects. lence was reported. 2-8% thus suggests that the American public This is especially true if the victim’s behavior • There are signs of physical injury.

The Voice 3 • The victim is hysterical and reports to law abusing alcohol or controlled substances. that: A false report is a report of a sexual enforcement immediately. • Victims often omit, exaggerate or fabricate assault that did not happen (i.e., it was not • The victim did not exercise bad judgment parts of their account, and they may even completed or attempted). While we might at the time of the sexual assault. recant altogether. They are not typically hys- all agree with this simplistic definition of a • The victim has never reported a sexual terical when interviewed by medical profes- false report, people have different ideas assault in the past. sionals, law enforcement professionals, pros- about exactly when they can decide that the • The suspect is seen as sick, crazy, or ecutors, or others. sexual assault did not actually happen. For deranged—not respectable, credible, or like- • Suspects often do not fit our stereotype example, investigators, prosecutors, and oth- able. of a “rapist.” ers often decide that a sexual assault did not happen based simply on their own Then when it comes to the victim’s involve- In short, most sexual assault reports involve views of the victim, the suspect, and their ment in the criminal justice system, there at least some of the “red flags” listed above. credibility. This is an unacceptable practice. are again a number of characteristics that Yet sexual assault reports that are different most people would assume are typical of from this stereotype of “real rape” are all In reality, investigators and prosecutors can- sexual assault cases: too often viewed with suspicion, not only by not determine that the sexual assault did • There is a great deal of physical evidence jurors, support people, and other communi- not happen, simply because they suspect to corroborate the allegation. ty members, but also by the professionals that the report is false, view it with suspi- • The victim actively participates with the who are tasked with responding within the cion, or because the victim changes his or investigation and prosecution. criminal justice system. her account of what happened. • The victim does not change his or her account of what happened. Of course, prosecutors may share some of Investigators and prosecutors certainly can- • The victim is absolutely certain about the these same “red flags” for suspecting that a not determine that the sexual assault did details of the sexual assault. sexual assault report is false. Yet this doesn’t not happen because the victim lacks credi- • The victim does not recant. necessarily indicate a personal belief in the bility—perhaps because the victim is young, • Not a single detail in the victim’s account stereotype. Often, prosecutors understand drunk, taking drugs, belligerent, or suspected is provably false. the realistic dynamics of sexual assault, but of “being a prostitute.” know that this stereotype will be prominent However, if you asked a room full of prose- in the minds of judges and jurors as they It is similarly impossible to determine that a cutors how many of their cases resemble make decisions regarding a sexual assault sexual assault did not happen based on sym- this stereotype, most would say that only a case. Prosecutors may therefore believe that pathy for the suspect, because he seems sin- small percentage of their cases do. In fact, they cannot ethically charge a defendant in cerely outraged and upset by the charges, he the research3 is clear that these stereotypic cases that depart too much from the has a credible story, or he appears to be a characteristics of “real rape” are actually stereotype of “real rape,” because a jury responsible citizen who does not meet our quite rare: would not be likely to convict. All of this personal assumptions about who is likely to • In reality, most sexual assaults are perpe- makes cases with “red flags” more difficult be a “rapist.” trated by someone known to the victim, to investigate and prosecute—despite the without a weapon, physical violence, or signs fact that many of the characteristics are In other words, professionals cannot deter- of physical injury. actually typical of sexual assault. mine that the sexual assault did not happen • Very few victims report immediately to law just because any of the “red flags” are pres- enforcement, but if they do report to law What is the Actual ent in a sexual assault case. enforcement, it is often after a delay of days, Definition of a weeks, months, or even years. False Report? Rather, investigators and prosecutors must • Many victims have a number of factors base all final judgments of a sexual assault that limit their perceived credibility: they are Although many people have different ideas report on the findings from a thorough, evi- often young, homeless, have a mental or about what exactly constitutes a false dence-based investigation. The determina- physical impairment, are belligerent, and/or report, the most reasonable definition is tion that a report is false can then only be

4 The Voice made when there is sufficient evidence to enforcement agencies are so different; many involved. For example, it is quite common establish that the sexual assault did not hap- are labeling sexual assault reports false for sexual assault victims to describe the pen (was not completed or attempted.) This without any evidence to establish that they incident as involving only penile-vaginal pen- does not mean that the investigation failed did not occur. etration because they are uncomfortable to prove that the sexual assault happened— reporting other crimes such as oral copula- in that case the investigation would simply But What if Part of tion or anal penetration. be inconclusive or unsubstantiated. It also the Report is does not mean that the suspect was unable F a l s e ? Many victims give information that is incom- to successfully complete the sexual plete, inconsistent, or untrue because they assault—this would be an attempted sexual We have therefore sought to offer a clear are afraid that they won’t be believed or assault and/or some other sexual offense. definition of what constitutes a false report. that they will be blamed for the sexual Next we want to address the very common assault. To illustrate, victims may omit details This definition is consistent with guidance problem that investigators and prosecutors that will undermine their credibility, such as provided by the FBI Uniform Crime Report face—that parts of the victim’s account may drug or alcohol use, , or other (UCR) on methods for clearing cases. be false, omitted, exaggerated, or inconsis- unflattering or even illegal behavior. Of Specifically, the UCR Handbook states that tent with other information that is given. In course, victims may also omit details about a case can only be unfounded if it is “deter- other words, how false does a false report their own unlawful activity out of the fear mined through investigation to be false or need to be? Does the whole report have to of being arrested. 5 baseless. In other words, no crime be false to constitute a false report of sexu- occurred” (p. 77). This seems clear, because al assault? Victims also sometimes minimize what hap- a case cannot be “determined through pened or change the details in order to investigation to be false or baseless” if no For most criminal justice professionals, it is protect the perpetrator. This can occur investigation was conducted or if it yielded not difficult to come up with reasons why when the two people have a relationship, insufficient evidence.4 sexual assault victims might omit, exagger- when the victim depends on the perpetra- ate, or even fabricate aspects of their tor for financial or emotional support, or is While this is the actual definition of a false report. afraid of getting the perpetrator “into trou- report for law enforcement purposes, it ble.” As a result, victims may give incorrect does not typically reflect the way investiga- For example, victims might give inconsistent or confusing information about what actual- tors, prosecutors (and their supervisors) or untrue information out of trauma or dis- ly occurred. tend to think of sexual assault investiga- organization. When we are traumatized, we tions.5 In fact, at virtually every training we do not always think clearly and cannot nec- Victims also may give information that is offer on this topic, we hear from law essarily provide information that is 100% incomplete, inconsistent or inaccurate enforcement professionals who unfound complete and accurate. This is especially because of their immigration status (or cases—and prosecutors who reject them— true for victims who have been sexually assumed status). Many victims have learned either because they do not believe the vic- assaulted more than once, because aspects from experiences in their country of origin tim’s account or they failed to prove it con- of the prior sexual assault may be confused that authority figures are not to be trusted, clusively. This practice fails to meet the with the current one. Victims may also have particularly law enforcement officers. In needs of both victims and the larger society. memory impairment due to alcohol or drug addition, suspects often use immigration sta- use. tus against victims, threatening to report So, although the actual definition of a false them to immigration authorities or to have report should be the same for all criminal Victims might also give incomplete, inconsis- them deported if they tell anyone about the justice professionals, it is clear that the prac- tent, or untrue information because they sexual assault. tices that are really used vary dramatically. are uncomfortable relaying details of the This is why the percentage of sexual assault sexual assault. This may be particularly likely There can also be cultural reasons for exag- reports that are unfounded by various law for details regarding the sexual acts gerating or minimizing the facts of a sexual

The Voice 5 assault report. For victims from another cul- When we think about these dynamics, it It is also important to fully—but gently— ture, beliefs about what is acceptable to tell a makes sense why victims might provide explain to victims the negative impact of such stranger and taboos about sexuality and sex- inconsistent, incomplete, or even untrue omissions, inconsistencies, or untrue state- ual activity may influence their description of statements. Yet many investigators and prose- ments on their credibility during the law what happened. This problem can be especial- cutors have seen this as evidence of a “false enforcement investigation. By doing so, inves- ly pronounced when the (female) victim is report.” In fact, none of these situations tigators and prosecutors can emphasize the from a minority culture and the (male) law meets the actual criteria for a false report— importance of complete truthfulness. enforcement professional is from the domi- because even if aspects of the victim’s nant culture of the United States. account of the incident are missing, exagger- If the issue remains, the professional can ated, or false, this does not necessarily mean explain that conflicting information has arisen Victims from a minority cultural group may that the sexual assault did not happen. and ask for the victim’s help to make sense be particularly reluctant to report a sexual of it. For example, an investigator could say: “I assault against another member of their cul- Overcoming This need to ask these questions because I have tural group, because it is sometimes seen as a C h a l l e n g e to write a report on this, and I want to get betrayal of the victim’s cultural group. This every detail correct.” reluctance may be heightened when there is For all of the reasons provided above, it is a perception that the cultural group is treat- understandable that victims often give infor- Reduce the number of unnec - ed unfairly by law enforcement. mation in their statement that is incomplete, essary professional contacts inconsistent or even untrue. Nonetheless, However, one of the most common reasons these issues can destroy the victim’s credibili- Problems such as inconsistent statements why victims alter or exaggerate the details of ty if they are not handled by criminal justice from the victim can also be decreased by what happened is to create a case that seems professionals. As a first step in overcoming reducing the number of unnecessary profes- more believable. This can be due to guilt, this challenge, investigators and prosecutors sional contacts. This is often a goal for com- shame, or a fear of not being believed. Just must recognize that these omissions, incon- munities that implement a coordinated like everyone else in society, sexual assault sistencies, and even untrue statements are Sexual Assault Response and Resource Team victims know the stereotype of a “real understandable and should never be con- (SARRT). rape”—that it is perpetrated by a stranger fused with a “false report.” Then, they can with a weapon or physical violence, that it is address these issues by exploring them gently This does not mean that investigators and reported to law enforcement immediately, and nonjudgmentally with the victim. prosecutors should be reluctant to conduct and that the victim is emotionally hysterical. The most important objective is to create a follow-up interviews during the course of the In an effort to be believed, therefore, victims safe and nonjudgmental environment that investigation, as additional evidence and infor- may change aspects of the reported incident encourages honesty even for unflattering or mation is uncovered. In fact, such follow-up to make it sound more like this stereotype.6 illegal behavior. interviews are necessary to conduct a com- prehensive investigation. For example, victims may report that they Then when an omission, inconsistency, or were assaulted by a stranger when they really untrue statement is suspected, the investiga- Rather, the goal is to reduce the number of knew the suspect, and perhaps even had a tor or prosecutor can respond by pointing unnecessary professional contacts that take prior sexual relationship together. out the issue and asking for clarification. It is place, either because the case is being entirely possible that the victim simply made screened or the victim is being “handed off” Victims may also report that the suspect a mistake or the professional misheard or to another professional for some administra- used a weapon when this is not really true, misunderstood what the victim was saying. tive reason. The purpose of any follow-up or describe threats of physical violence that Yet the appropriate time for this type of clar- interviews should therefore be to gather were not really made. Remember that victims ification is after the victim has completed his additional information and clarify any ques- also struggle with the same societal stereo- or her description of what happened—not tions, not to go over the same information types as well. immediately when the issue arises, because again. this will interrupt the victim’s narrative account. 6 The Voice Because it takes time to develop rapport and How to Handle the By describing this type of realistic sexual trust with sexual assault victims, agencies Frustrating Reality assault, you might not get the kind of reac- should not allow investigators or prosecutors of “Real” False tion you were looking for, because people to “hand off” a sexual assault investigation in R e p o r t s might respond to you in the same way they mid-stream, if there is any way to avoid it. respond to victims of sexual assaults in the This is a frequent cause of inconsistencies in Having demonstrated that the percentage of real world. That is, you might not be believed, the victim’s statement, and it creates serious false sexual assault reports is not as high as or you might be blamed for the sexual difficulties in establishing rapport and trust many people think, this does not deny their assault yourself. with criminal justice professionals. Rather, terrible reality. We all know that false reports criminal justice agencies should have policies do really exist, and they are incredibly damag- Therefore, if you were going to file a false in place that provide their personnel with the ing both to criminal justice personnel and to report of sexual assault, you would probably resources needed to complete thorough sex- the countless victims of sexual assault whose describe a sexual assault that looks like the ual assault investigations. credibility they undermine. stereotype of “real rape” that we have dis- cussed at such length throughout this article. Given the advantages of reducing the number Potential indicators of a of unnecessary professional contacts, some false report For this reason, it is not surprising that the communities have also implemented a policy potential indicators of a false report are actu- of “vertical prosecution” in sexual assault Investigators and prosecutors may already be ally the same as the stereotypic characteris- cases. This strategy allows victims to work familiar with some of the training materials tics of “real rape.” To summarize material with the same prosecutor throughout their that are widely available to describe “indica- developed by McDowell and Hibler (1987),8 case processing, which can be especially valu- tors” of a false report of sexual assault. realistic indicators of a false report could able in larger jurisdictions where cases are Unfortunately, some of these indicators are potentially include: typically initiated by one prosecutor and based on research that is extremely limited • A perpetrator who is either a stranger or a “handed off” to another. It clearly represents and/or inappropriate for this purpose. For vaguely described acquaintance who is not a “Best Practices” for the investigation and example, many were developed on the basis identified by name. As previously discussed, prosecution of sexual assault. of FBI experience with false reports of most sexual assault perpetrators are actually stranger sexual assaults. These may not be known to their victims. Identifying the sus- Seek corroboration for appropriate, because these sexual assault pect is therefore not typically a problem. details in the victim’s state - reports are more likely to involve a perpetra- However, victims who fabricate a sexual m e n t tor who is known to the victim. Regardless, assault report may not want anyone to actu- these training materials typically suggest that ally be arrested for the fictional crime. There are clearly a number of strategies that the potential indicators of a false report are Therefore, they may say that they were sexu- investigators can use to clarify inconsisten- actually the same stereotypic characteristics ally assaulted by a stranger or an acquain- cies, omissions, or untruths in the victim’s of “real rape” described previously. This is not tance who is only vaguely described and not description of what happened. However, as a coincidence. identified by name. important as it is to seek clarification of such inconsistencies or omissions, it is equally Consider this: If you were going to file a false • Victim claims of having physically resisted to important to highlight the accuracy of other report of sexual assault, would you describe the utmost. In fact, many victims do not phys- details in the victim’s statement. Thus, a pri- the realistic dynamics of sexual assault? ically resist during a sexual assault. There are mary goal of any sexual assault investigation Would you really say that you were assaulted a number of reasons for this. Many victims will be seeking corroboration for details in by someone you knew, perhaps someone are simply too surprised or confused to the victim’s account of events, regardless of with whom you have had a relationship or resist, because they are assaulted by some- whether or not they are relevant for estab- even had sex? Would you really say that you one they know and trust. Often, they do not lishing an element of the offense. were drinking at the time, or perhaps even resist during the sexual assault because they taking drugs, or engaging in other risky are simply trying to make sense of what is behavior? Probably not. happening. Other victims do not physically

The Voice 7 resist because they don’t trust their own • Characteristics of the allegation that “copy- that a report is false is the result of “putting perceptions of what is happening, or blame cat” a highly publicized crime. all the pieces together.” themselves for the situation. Of course, phys- ical resistance is not likely among victims While these indicators may therefore raise Responding to a suspected who experience dissociation or frozen fright, suspicion that a report of sexual assault may false report and those who have been drinking and/or be false, none of them should be considered taking drugs. Still other victims do not physi- significant when observed in isolation. In fact, Investigators and prosecutors should only act cally resist because they are too frightened, some of these factors are particularly chal- upon their suspicion that a sexual assault and may even fear that resistance will anger lenging because they are associated both report is false if these concerns are very seri- their assailant and increase their risk of injury with an increased risk of actually being sexu- ous and they are based on the evidence or death. Therefore, although many sexual ally assaulted and with an increased likelihood uncovered during the investigation. As assault victims do not physically resist, a false of filing a false report. Examples include McDowell and Hibler (1987) describe, any report may include a description by the vic- “escalating problems in life or personal rela- effort to challenge the validity of a sexual tim as having resisted vigorously—in an effort tionships” and “a documented history of assault report could be devastating if the sus- to appear blameless. mental or emotional problems.” picion is misplaced and the victim really was assaulted. Such a challenge would certainly • Use of a weapon, serious physical violence, On the one hand, these factors make an indi- destroy the trusting relationship that must and/or signs of injury. Most sexual assaults do vidual more vulnerable to actually being sex- develop between criminal justice profession- not actually involve a weapon, physical vio- ually assaulted. Yet these same factors may als and victims for successful investigation lence, or evidence of physical injury. Yet fabri- also indicate emotional instability that could and prosecution. cated claims may be more likely to resemble potentially lead an individual to file a false the stereotype of “real rape” in this regard. In report of sexual assault. Therefore, a report It is therefore recommended that the tone of some cases, individuals who falsely report a should only be considered suspect when a any challenge be supportive and based on the sexual assault may even inflict physical injuries number of these indicators are present. Then information provided by the victim. upon themselves to bolster the credibility of the report can only be determined to be their report. These can sometimes be identi- false when the investigative facts directly con- This decreases the likelihood of defensive- fied by their nature and placement, which tradict the victim’s account of events. In fact, ness and allows for the continued investiga- suggest that they were self-inflicted and are the best way to identify a false report is to tion of the report, in case the sexual assault generally superficial. uncover evidence that actually contradicts was legitimate but the information provided the victim’s account of events or makes it by the victim was incomplete, inconsistent, or • An assault involving only penile-vaginal pen- impossible for the sexual assault to have inaccurate. etration. While other sexual acts are com- taken place as described. monly experienced by sexual assault victims, When the validity of a sexual assault claim is fabricated claims typically include only this For example, there might be no sign of a challenged, the person reporting the crime “classic” form of rape (i.e., penile-vaginal pen- physical struggle or injury when there logical- may react with anything ranging from relief to etration). ly should be. Or perhaps the victim states outrage. that she was “hit over the head with a bat Still other indicators may be based on the and knocked unconscious” or “cut with a To prosecute or not to lifestyle or history of the reporting party, knife” yet there is no evidence of such an p r o s e c u t e ? such as: injury. There might even be evidence that the • Escalating problems in life or personal rela- victim purchased materials used in the sexual If a report of sexual assault is determined on tionships. assault or wrote a note or letter that is the basis of the investigative findings to be • A documented history of mental or emo- attributed to the suspect (McDowell & false, investigators must then make the deci- tional problems. Hibler, 1987). Therefore, the determination sion regarding whether or not to charge the individual with filing a false report. However,

8 The Voice this decision must be made carefully, with For one thing, such a charge is likely to be many “real” false reports do not involve a consideration of a number of factors. publicized by the media and this can create named suspect, because the intention is not Investigators and prosecutors are thus problems with future jurors who use it as to get someone in trouble with the police. advised to discuss the advantages and disad- evidence to confirm their suspicion that Rather, many “real” false reports involve only vantages of prosecution with other profes- many or most sexual assault reports are a vaguely described stranger, so the victim sionals involved in the multi-disciplinary false. can receive the caring attention of law response to sexual assault victims (e.g., victim enforcement officials and social service advocates, forensic examiners). For example, Even more important, such media coverage providers without the fear that someone will some of the advantages of pursuing such a can serve as a serious deterrent for victims be arrested. Clearly, these cases can be charge would include the importance of con- of sexual assault who might consider report- extremely frustrating for criminal justice pro- ducting a thorough investigation and exoner- ing the crime to law enforcement but fear fessionals, but they are probably best handled ating anyone who is innocent. that they will not be believed. with appropriate referrals for social services rather than prosecution for filing a false Prosecuting someone for filing a false report Given the size of the caseload that most report. Two other examples of best practices may therefore be most appropriate in cases investigators and prosecutors handle, it for handling these issues are to establish a where an innocent person was arrested, seems difficult to justify the inordinate time multi-disciplinary review panel and develop a booked, and perhaps even subjected to a that would be involved in investigating and position paper to provide guidance. forensic examination. The failure to pursue prosecuting someone for filing a false charges for filing a false report could create report—given that it is typically only a misde- Establish a multi-disciplinary the appearance of bias, by turning a blind eye meanor offense. review panel toward this criminal act. While it is understandable that investigators To address these difficult issues, criminal jus- Prosecution may also be appropriate in those might want to prove that the report is false tice professionals should also consider setting rare cases that are very high profile and/or out of a sense of frustration and a determi- up a multi-disciplinary review panel, to dis- involve hundreds of hours of investigative nation to get to the truth, this is probably cuss cases and investigations with input from effort. In such cases, some law enforcement not the best use of limited resources. Rather, other members in the coordinated communi- agencies have even sought restitution from the decision regarding whether to charge ty response to sexual assault. For example, a the person filing the false report for person- someone with filing a false report should review panel might consist of victim advo- nel hours consumed during an investigation simply be based on the investigative findings cates, forensic examiners, prosecutors, and and even expenses associated with forensic already documented in the case file. others (including representatives from the examinations, DNA analysis, and searches of crime laboratory, sex offender treatment crime scenes and suspects. It is also important to keep in mind that program, and probation/parole). The purpose most false reports of sexual assault are typi- is not only to review the sexual assault Finally, prosecution may help investigators to cally the result of personal and emotional reports that were unfounded by law enforce- deal with the negative impact on their own problems, rather than vengeful motives. ment—or rejected by prosecutors—within a personal and professional well-being. In the specified time frame. The objective is to dis- view of the person who investigated the Despite the stereotype, false reports of sexu- cuss and review these cases to determine the case, this is often the most compelling reason al assault are not typically filed by women most appropriate response for victims whose to prosecute the individual who filed the false trying to “get back at a boyfriend” or cover sexual assaults are not likely to result in suc- report. up a , affair, or other misbehavior. cessful prosecution. While there are examples of this kind of false On the other hand, there are also a number report, the vast majority are actually filed by Adopt a position paper to of important disadvantages to charging some- people with serious psychological and emo- provide guidance one with filing a false report, even if it is justi- tional problems. In these situations, the per- fied. son files a false report for the attention and Another best practice is to develop or adopt sympathy that they receive. This explains why a position paper to provide guidance for The Voice 9 criminal justice professionals and others on In fact, these issues have historically created a Initial Response; and Part II: Investigative the topic of false allegations, unfounded bigger hurdle for sexual assault victims than Procedures, and Part III: Investigative Strategy cases, and victim recantation. The state of any lack of training or experience on the part & Prosecution. These training keys are also Oregon has led the way in this regard, by of law enforcement professionals. It is there- published by the International Association of publishing a concise discussion of the issues fore critically important for investigators, Chiefs of Police (http://www.theiacp.org/) and in a four-page document that is available from prosecutors, and others involved in the com- available at: training keys. the Oregon Attorney General’s Sexual munity response system to recognize these Assault Task Force. This document could factors and seek to address them. To provide The Oregon Attorney General’s Sexual serve as a starting point for others seeking assistance, a number of useful resources are Assault Task Force has published a four-page to disseminate similar guidance for profes- available. position paper on “False Allegations, sionals within a community, region, or state. Recantations, and Unfounding in the Context Such guidance is often desperately needed, F o r M o r e of Sexual Assault.” It is available at: because the terms are so often misunder- Information http://www.oregonsatf.org/documents/False_ stood and practices across agencies vary so Allegations.pdf. widely. The EVAW International On-Line Training Institute offers a comprehensive training R e f e r e n c e s C o n c l u s i o n module on this subject, entitled: “False Reports: Moving Beyond the Issue to Bachman, R. & Saltzman, L.E. (1995). Again, one of the most important challenges Successfully Investigate and Prosecute Non- Violence against women: Estimates from the for successfully investigating and prosecuting Stranger Sexual Assault.” This article consti- redesigned survey. Washington, DC: Bureau of cases of non-stranger sexual assault is the tutes an adapted excerpt from that module. Justice Statistics. idea that many—or even most—reports are Other modules are also relevant for address- Bohmer, C. & Parrot, A. (1993). Sexual false. As long as this belief is accepted by law ing these issues and improving the investiga- Assault on Campus: The Problem and the enforcement professionals, prosecutors, tion and prosecution of non-stranger sexual Solution. New York: Lexington Books. jurors, and others, our efforts to improve the assault. These include modules entitled: Brener, M.D., McMahon, P.M., Warren, criminal justice response to sexual assault “Interviewing the Victim: Techniques Based on C.W., & Douglas, K.A. (1999). Sexual assault will have only limited impact. Only those the Real Dynamics of Sexual Assault” and and mental disorders in a community popula- cases that look like our societal stereotype “Effective Report Writing: Using The tion. Journal of Consulting and Clinical of “real rape” will be successfully investigated Language of Non-Consensual Sex.” For more Psychology, 56, 252-259. and prosecuted. information on the On-Line Training Institute, Clark, L. & Lewis, D. (1977). Rape: The please see: price of coercive sexuality. Toronto, Canada: To move beyond this issue of false reporting, http://www.evawintl.org/evaw_courseware. The Women’s Press. one of the most important steps we can take Fisher, B., Cullen, F., & Turner, M. (2000). is therefore to recognize that the “red flags” International Association of Chiefs of Police The Sexual Victimization of College Women. that raise suspicion in the minds of most (July, 2005). Investigating Sexual Assaults: Washington, DC: US Department of Justice: people actually represent the typical dynam- Model Policy and Concepts and Issues Paper. National Institute of Justice and Bureau of ics of sexual assault in the real world. Published by the IACP National Law Justice Statistics. Enforcement Policy Center, Alexandria, VA. Grace, S., Lloyd, C., & Smith, L.J.F. (1992). Once we accept this reality, we can begin to Available at: Investigating Sexual Assaults Rape: From recording to conviction. Research move beyond this issue to more successfully Concepts and Issues Paper (July 2005), and Planning Unit Paper 71. London, England: investigate and prosecute sexual assault Investigating Sexual Assault Model Policy Home Office. cases, especially those involving non- (May 2005). Three corresponding resources Harris, J. & Grace, S. (1999). A question strangers. are also available: Part I: Investigating Sexual of evidence? Investigating and prosecuting Assaults; Part II: Elements of Sexual Assault & rape in the 1990s. Home Office Research

10 The Voice Study 196. London, England: Home Office. Multidisciplinary Approach. New York: “The person did not commit a crime. It does not mean a lack of proof of guilt beyond a reasonable doubt or even a preponderance Heenan, M. & Murray, S. (2006). Study of Elsevier. of the evidence, nor does the term encompass those situations reported rapes in Victoria, 2000-2003. Merrill, L.L., Newell, C.E., Milner, J.S., where an accusatory pleading is not issued for technical reasons such as search and seizure issues.” Melbourne, Australia: Office of Women’s Koss, M.P., Hervig, L.K., Gold, S.R., Rosswork, 6 We believe that it is important for investigators and prosecu- tors to reassure victims that they will not be arrested for such Policy, Department for Victorian S.G., & Thornton, S.R. (1998). Prevalence of behavior, but equally critical that departments have a policy of not Communities. premilitary adult sexual victimization and arresting in such instances, unless it is absolutely necessary given the seriousness of the offense. Just as people who have overdosed on Humphrey, S. & Kahn, A. (2000). aggression in a Navy recruit sample. Military illegal drugs are treated for their medical emergency and not arrest- ed, the priority in sexual assault cases must remain on investigating Fraternities, athletic teams and rape: Medicine, 163, 209-212. the crime and treating the victim with compassion. Arresting the vic- Importance of identification with a risky National Victim Center (1992). Rape in tim will likely damage any trust that has been established with law enforcement, eliminate any chance that the victim will cooperate group. Journal of Interpersonal Violence, 15 America: A report to the nation. Arlington, with the investigation, interfere with the victim’s emotional recovery, and perhaps even deter future additional victims from reporting. (12,) 1313-1322. VA: National Victim Center. Only when absolutely necessary should law enforcement personnel Kanin, E.J. (1994). False rape allegations. Norton, R. & Grant, T. (2008). Rape myth consider arresting the victim of a sexual assault. When crafting a policy for law enforcement agencies, it is therefore important to Archives of Sexual Behavior, 23, 81-91. in true and false rape allegations. Psychology, make a distinction in the policy for responding to felonies versus misdemeanors that may have been committed by the victim. Kelly, L., Lovett, J., & Regan, L. (2005). A Crime, & Law, 14 (4), 275-285. 7 This hypothesis is supported by research studies that docu- gap or a chasm? Attrition in reported rape Rumney, P. N. S. (2006). False allegations ment more stereotypic characteristics (e.g., offender violence) in accounts of rape that are generated as false, than in reports to law cases. Home Office Research Study 293. of rape. Cambridge Law Journal, 65 (1), p. enforcement that are corroborated with an investigation and main- tained as true (e.g., Norton & Grant, 2008). London, England: Home Office Research, 128-158. 8 Some readers may have heard of the “McDowell checklist” Development and Statistics Directorate. Tjaden, P. & Thoennes, N. (1998). which is a series of questions purportedly used to score the account given by a sexual assault victim and determine whether or Available at Prevalence, incidence, and consequences of not it is a false report. Yet there is absolutely no scientific basis to support such a procedure—using this or any other similar “check- http://www.homeoffice.gov.uk/rds/hor- violence against women: Findings from the list.” Equally important, this type of procedure interferes with the spubs1.html. National Violence Against Women Survey. rapport and trust that is needed for a law enforcement investigator to conduct an effective interview with a sexual assault victim. Of Koss, M.P. (1988). Hidden rape: Sexual National Institute of Justice: Washington, DC. course, this in turn eliminates any chance for successful investigation aggression and victimization in a national and prosecution. sample of students in higher education. In ENDNOTES A.W. Burgess (Ed.), Rape and Sexual Assault 1 Dr. Lonsway is the Research Direcotr of EVAW International; (Vol. 2, pp. 3-25). New York: Garland. Sgt. Archambault is the Executive Director of EVAW Internatiaonal; and Dr. David Lisak is an Associate Professor of Psychology at the 0 Koss, M.P. & Cook, S. (1993). Facing the University of Massachusetts. This article is an adapted excerpt from facts: Date and acquaintance rape. In R. Gelles the training module of the same name in the On-Line Training insti- tute hosted by End Violence Against Women (EVAW) International, & D. Loeske (Eds.). Controversies in at http://www.evawintl.org/evaw_courseware. Sociology. Newbury Park, CA: Sage 2 In an “addenda” to his article, Kanin (1994) describes how he also “gained access to the police records of two large Midwestern Publications. state universities” (p. 90) and examined all forcible rape complaints from a three-year period of time. Of these, 50% were classified as Koss, M.P., Gidycz, C.A., & Wisnewski, N. false reports, yet again this determination was made solely by police (1987). The scope of rape: Incidence and personnel and not reviewed in any systematic way by the N C P V A W researcher. Kanin does note, however, that these agencies did not D ISCUSSION G ROUP prevalence of sexual aggression and victimiza- use the polygraph and “neither declared the complaint false without a recantation of the charge” (p. 90). tion in a national sample of higher education 3 Extensive research documents the characteristics of sexual Are you a prosecutor or allied students. Journal of Consulting and Clinical assault victims, perpetrators, and incident. For example, see: Bachman & Saltzman, 1995; Bohmer & Parrot, 1993; Brenner, professional involved in the prosecu- Psychology, 55, 162-170. McMahon, Warren & Douglas, 1999; Fisher, Cullen & Turner, 2000; tion of violence against women? Humphrey & Kahn, 2000; Koss, 1988; Koss & Cook, 1993; Koss, Lisak, David (2007). False allegations of Gidycz & Wisnewski, 1987; Merrill et al., 1998; National Victim Join the NCPVAW Yahoo! rape: A critique of Kanin. Sexual Assault Center, 1992; Tjaden & Thoennes, 1998. discussion group at 4 Uniform Crime Reporting Handbook (2004). Published by the http://groups.yahoo.com/ Report, 11 (1), pp. 1-2, 6, 9. Federal Bureau of Investigations (FBI) and available online at http://www.fbi.gov/ucr/handbook/ucrhandbook04.pdf. More informa- group/apri-vawp McDowell, C.P. & Hibler, N.S. (1987). tion on the Uniform Crime Reporting Program is also available at False allegations (Chapter 11, p.275-299). In the FBI website at: http://www.fbi/gov/ucr/ucr.htm. 5 This calls to mind the terminology of “factually innocent” R.R. Hazelwood & A.W. Burgess (Eds.), which the courts use to dismiss cases where it can be established that the suspect did not in fact commit the crime. To illustrate, the Practical Aspects of Rape Investigation: A California appellate court has defined someone as “factually inno- cent” when:

Yhe Voice 11 THE voice is published by the American Prosecutors Research Institute’s National Center for the Prosecution of Violence Against Women. Items may be reprinted if attributed to APRI’s National Center for the Prosecution of Violence Against Women. Please provide copies to The Voice. Contact us if you have inquiries or article suggestions at (703) 549-9222.. This project was supported by Grant No. 2004-WT-AX-K047 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women, the American Prosecutors Research Institute or the National District Attorneys Association.