PsychoSexual Testing and Evaluations
The Abel Assessment
Provided by Allen N. Cowling
Many times, when beginning a new case where a false
allegation has been made, and we are assured that it is a false allegation that we are defending,
one of the tools that we recommend, for many reasons, is our client's completion of the entire
battery of psychological testing along with the Abel Assessment, or Abel Screen.
Procedures used during evaluation include review of
records and/or documents from any agency, investigative reports, reports of prior treatments,
psychiatric evaluation, psychological testing, the Abel Assessment for Sexual Interest, a polygraph
and a drug screen.
The Abel Assessment for Sexual Interest is an
objective method for evaluating deviant sexual interest. The assessment was developed by Gene G.
Abel, M.D., a veteran with over 25 years experience and research in the area of sexual aggression.
This technology uses non-evasive means to achieve objective measures of sexual interest.
There are basically two types of testing used in the
treatment and/or identification of a possible sex offender; the Abel Assessment and the Penile
Plethysmograph, or PPG. Prior to developing the Able Assessment, Dr. Abel personally used the
plethysmograph, but realizing that in many cases it could be very degrading and humiliating for the
person being tested, his desire was to develop a test that could accomplish the same results as the
plethysmograph, but without the use of nudity, pornography or embarrassment.
I highly recommend the Abel Assessment for many
reasons, but mainly because of the qualifications of Dr. Abel personally and for the fact that, as
previously stated, the plethysmograph testing can easily be degrading to many. The penile
plethysmograph measures penile circumference in millimeters caused by a partial or total erection.
It is, therefore, a good, direct measure of physiological arousal because erection rarely occurs
except to sexual stimulation. The Abel Assessment, on the other hand, uses an entirely different
approach, an indirect measure. These are two totally different methods of measuring a sexual
preference, such as pedophilia. Both the Abel Assessment and the Plethysmograph are very good tools
and, in reality, each does pass all the requirements for scientific measure. The catch is that
there are a few people who molest children who are not sexually aroused by children, such as
psychopaths, alcoholics and child porn persons who are in it for the money, but they can usually be
detected with psychological testing. Although not perfect, the accuracy of both of these devices
are probably the best of any psychological tools.
Doctor Abel is a Board Certified Psychiatrist and
Medical Director. He is a distinguished psychiatrist with a national and international reputation
for diagnosing and treating problems of sexual misconduct and sexual aggression. He is considered
by many of his colleagues to be the leading psychophysiology researcher in studies of sexual
behavior in the United States.
Doctor Abel has directed six (6) National Institute
of Mental Health Research Projects dealing with sexual deviancy problems. He has published over 100
medical articles in scientific journals and his book is entitled, "Stop Child
Molestation."
Dr. Abel's assistance to me over the past 8
years has been invaluable. When he completes an assessment of a client for me, he details the
overall evaluation results, the problems he sees and then he offers advice and recommendations of
how to handle issues that could prove problematic. As an example, one reason that I depend on the
Abel Assessment is to assist me in preparing my client for their possible testimony, should that be
necessary, in either a civil or a criminal case. The Atlanta evaluation gives me the opportunity to
observe my client in a stressful environment and for me to observe how they react and respond. I
always expect my client to have some issues with depression and some with paranoia. That would be
prefectly normal and acceptable with anyone who has been falsely accused of sexually molesting a
child. The question is, what is the extent of their depression? I have had several clients that
were found to have a major depression, one that they may not have wanted to acknowledge, but one
that has begun affecting even their normal eating and sleeping habits. That is a real problem and
should not be ignored. A depression of that magnitude usually requires medication. The medication
does not "treat" the depression itself, it simply masks the symptoms and allows the
person to think and react in a normal way. There are various types of medication and they can
usually be prescribed by a family physician, however, if the medication has no affect 30 days after
beginning to take it, they should consider possibly talking with an M.D. psychiatrist. The last
thing I desire is to have a client with a major depression take a witness stand, or submit to
additional evaluations until that issue is properly addressed.
The entire Abel Assessment is completed in Atlanta,
Georgia and normally lasts two days. It usually begins at 8:30 a.m. the first day and normally
concludes at about 5:30 p.m. The second day normally ends at about 5:00 p.m. or a little
earlier.
The overall testing consists of:
- Up to 5 hours of clinical intervews with Dr. Abel
- Full battery of psychological testing.
- Sexual interest testing that identifies 15 different categories of sexual interest including non-paraphilic and paraphilic
areas. The testing is designed to identify common deviant sexual behaviors including
exhibitionism, public masturbation, fetishism, frottage, voyeurism, bestiality, obscene phone
calls, necrophilia, masochism, coprophilia, rape, sadism, transvestism, professional sexual
misconduct (PSM), contact with prostitutes, sexual affairs outside of a committed relationship,
sexual involvements with partners who were strangers to the patient, telephone sex, the use of
pornography and transsexualism.
- Sexual Addiction Screening that
compares the patient's responses with those of individuals traditionally seen as having
repetitive, compulsive or addictive sexual behaviors.
- Forensic
polygraph.
- Drug Screen.
Important Client
Points of Consideration
- Many attorneys, in false allegation
cases, will tell their client that they want them to take a polygraph so they can file a
motion, asking the court to admit the results, assuming their client successfully passed the
examination. The attorney knows that the court will not allow the results, but their intention
is to simply point out to the judge that their client is innocent. Passing this battery of
tests sends a much more powerful message than a polygraph. There is no battery of tests
anywhere that are more thorough and more complete in their analysis and the examiners have
testified and been qualified as experts worldwide should the matter go to
trial.
- Some attorneys will tell their
client that these tests are not beneficial and the examiners will not be admitted as experts to
testify regarding the results. To some extent, that is correct. The fact is, if not handled
properly, no court will accept these test results and the time would have been wasted. It is
vital for any client to understand that tests of this nature, used in defense of a false
allegation, are rarely admitted into evidence. The admission of evidence is controlled by
either DAUBERT or FRYE, depending on the state in which the client resides. In either case,
normally, evidence is admitted when it has been scientifically tested. Both the Abel Screen and
the plethysmograph have been readily accepted in the scientific community as valid tools for
treating a known sex offender, but not as a basis for determining whether anyone is or is not a
pedophile and certainly not whether that person did or did not molest a child. While the
testing does show this, there simply has not been enough testing by the scientific community,
as a whole, to validate them. Therefore, for the client to honestly benefit from these tests,
it is entirely based on the manner in which they are used in the overall defense. As an
example, no expert can ever offer testimony that goes to the "ultimate issue,"
meaning guilty or innocent. That is the responsibility of the triar of fact, meaning judge or
jury. An attorney may ask their expert, "Have you had an opportunity to work with the
accused?" "What was your overall involvement with the accused?" "Identify
the time you spent evaluating the accused." "Explain and identify all of the testing
that you used in your evaluation." "Explain what your testing is designed to do or to
identify." "Explain what your testing is NOT designed to do." (Address the
untimate issue). "What were the results of your evaluation?" The most that could be
said was, "The overall testing indicated that the accused is a normal heterosexual male
with no sexual interest in a child, but that does not prove whether the accused did or did not
molest a child." Any examination that shows an accused, who has been charged with child
molestation, is not a pedophile and has no sexual interest in a child is beneficial to the
overall defense if it can be used.
- The Abel Assessment had been used
successfully more with civil cases than with criminal cases, but again, it all comes down to
how it is used. The Abel Assessment has been used over 200,000 times in this
country.
- In most cases, when our client has
successfully completed the entire Abel Assessment we recommend that they say nothing to anyone
regarding their testing or results. At that point, there are many steps we take specific to a
defense strategy and cannot be identified here in this doucment.
- It is an absolute disgrace that
anyone falsely accused of molesting a child should be in a position of having to defend
themselves, but these cases are far different than any other alleged criminal act. In any
criminal charge, the accused is innocent until proven guilty and normally, one of the best
defense tactics is to "wait and see what the prosecution has before preparing a
defense." In a false allegation case, if a child says it happened, the accused is
automatically guilty, at least in the eyes of everyone involved, and it is vital for any
accused to begin preparing a defense immediately. The "wait and see" attitude in a
false allegation case can be deadly, usually because the child accuser, who is getting a great
deal of attention, continues making allegations which can easily result in one simple charge
becoming 16 counts against the accused.
I strongly believe in
the Abel Assessment or Screening, simply because I have experienced the results and watched
allegations completely disappear after having clients complete the examination. Costly, yes, but
overall, one of the most worthwhile investments that could possibly be made in securing a proper
defense, but again, only if the results are properly used. Our goal, in any false allegation case,
is simply to win and any tool that assists us toward that end is obviously valuable. This testing
is not simply for sexual preference, but basically is an entire psychological battery, supported by
polygraph and this combined series is unmatched anywhere. I have yet to see any client who
completed this testing not gain a great deal of confidence as well, something very vital to the
defense.
Our Involvement
- We schedule the testing, prepare
the material that is sent to the institute prior to testing and meet the client in
Atlanta.
- We accompany the client to the
institute on the morning that testing begins and pay all fees. The reason for this is that any
reports are sent directly to us as opposed to the client and that is strictly for the safety of
the client. There are possible discovery issues, meaning the client may be required by law to
release the results if the results are in their possession and, if by some chance the testing
results are not favorable to the client, it most probably is best that no one is aware they
even exist.
- Prior to testing, we attempt to
resolve any stress regarding the examination, which is very thorough and difficult. In
addition, we discuss the various tests the client will take and explain how the questions
should be answered. We do not tell the client how to respond to any question, we simply make
them aware of certain pit-falls to avoid, such as attempting to analyze each question and
provide the response that one believes will "make them appear
normal."
- After completion of testing, we
meet with the client and Doctor Able to obtain an oral report of the overall results. A written
report is sent to us, but it normally takes approximately 7 days.
- I want to make one thing very
clear. I read a report where an evaluator on a prior case I worked claimed that I teach clients
to “pass” a polygraph, psychological testing and sexual preference testing. That is
an absolute lie, but it shows the mind-set of some of the “professional” validators
out there. If a client failed an Abel Assessment, that validator would be shouting the results
from the highest mountain, but if that same client successfully completed the evaluation, then
“It is unacceptable.”
- What do I tell clients going through an
evaluation?
-
- Psychological tests are basically self-reporting tests. They ask questions and you
respond. It is not unusual for anyone taking these tests to try and analyze the question,
then provide the answer that “appears” to show them as being normal. When
someone attempts this, often the result is, “Invalid test.”
“Attempt to put self in most favorable light.” My advice to anyone is,
“When you read a question, usually your first thought is the correct response.”
“Answer the question and move on.” “Do not try to figure out which
answer “they” would like.”
- Also, in psychological testing,
when you respond to any questions about depression, respond based on how you feel that
day.
- On the Abel Assessment, I tell clients to be open and
honest with Dr. Abel and the polygraph examiner. I tell clients “Not to attempt
internet research on the Abel
Assessment.”
- The
only comment I even make about the Abel Assessment itself is, “You will be viewing a
number of slides.” “As you do, ask yourself a very simple question.”
“Would I want to have sex with whatever I am looking
at?”
- I would not begin to know how to
train someone to “pass” a polygraph test, or any psychological or sexual preference
testing. As a matter of fact, the last person I would ever take a client to if I was
attempting to assist someone that I believed to be a child molester would be Dr. Abel.
His evaluations are detailed and thorough. As a perfect example; Dr. Abel sends the
people he evaluates for a drug screen after they complete his polygraph just to assure that
they had not taken some drug in an attempt to alter the polygraph
results.
- I do not represent or assist anyone that I believe has molested
or hurt a child in any manner, but when I am working with a client, the Abel Assessment is one
of the most valuable tools I have found. No evaluation is perfect, but the assessment
with Dr. Abel is far more comprehensive and detailed than any other evaluation I have ever
found, but the real bottom line is very simple. My client could take 10 assessments and 10
polygraph tests and if the results did not support what the “validator” believed,
then they would find fault with them. In some cases, no matter what you do, it will never be
enough for a “child saving vigilante” because they are saving the
world.
- Now,
realizing that the Abel Assessment can be used in civil case, divorce, custody or visitation,
but not in a criminal case, the immediate question would be, “Why do I use
it?” When I am involved in a criminal case, I am working with and preparing my
client for trial. Going through the Abel Assessment provides me with the ability to observe
them in a stressful environment and it gives me the eyes of professionals looking at my
client. There are many other reasons as well, but they fall into defense strategy and
cannot be identified here. I simply do not want to see anyone go to prison for molesting
a child when it never
happened.
- As I have already stated, and again
very simply put, the time we spend with a client in Atlanta during testing is invaluable for
many reasons. It gives us a perfect opportunity to learn more about them, their personality,
background and the allegations being made against them. It gives us the ability to know the
client better and for them to know us. It also provides an excellent opportunity for us to
begin planning a strategy for the client's defense and, at the very least, places us in a
position of being able to deal with any testing problems that may arise while
there.
- We have had a few individuals in
the past ask if they can set up and complete the testing without our assistance. Absolutely. It
is not recommended, but each person must do what they believe is in their best interest. Our
approach to this issue is very simple. Anyone who has a desire to complete this testing on
their own is, in fact, preparing their own defense. We certainly would not want to hinder them
in their effort and, therefore, we recommend that they retain someone else to assist them in
their future efforts. We will not consider any shortcut when it comes to someone's life or
freedom.
The only
information not covered here is the specific strategy that I use in handling the results once
someone has successfully completed testing. That cannot be done because each individual case
differs and, I would not want someone attempting some of the things we may do because not done
properly, they could quickly put an accused at
risk.
You have accessed one of the many pages
here at the Cowling Investigations, Inc., a False Allegation Defense Website. For an explanation of
how we assist our clients who have been falsely accused, see Our Expertise, We Can Help. If you have been falsely accused, see What to Do - What Not
to Do When Falsely
Accused.
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