Psychological
Testing
Allen Cowling
Cowling Investigations, Inc.
You have accessed one of the many pages here at the Cowling Investigations, False Allegation Defense Website. Our main links are located at the bottom of this page. For an explanation of how we handle a false allegation defense, see Our Expertise, We Can Help. |
When beginning a new case where a false allegation has been made, and we
are assured that it is a false allegation 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 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,
Polygraph, a possible drug screen and Diagnosis.
The Abel Assessment for Sexual Interest, an objective method for evaluating
deviant sexual interest, 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 no nude slides and no embarrassing physiologic response
measures. Caucasian and African-American slides are used.
There are basically two types of testing used in the treatment and the
identification of a possible sex offender; the Abel Screen and the penile
plethysmograph. Prior to developing the Able Screen, Dr. Abel personally
used the plethysmograph, but realizing that in many cases it could be very
degrading for the person being tested, he developed the Abel Screen to accomplish
the same results as the plethysmograph, but without the embarrassment.
We elect to use the Abel Screen, one because of the qualifications of Dr.
Abel personally and two, 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 Screen,
on the other hand is a reaction time measure, an indirect measure based on
the belief that sexual arousal interferes with cognitive processing as measured
by reaction time. These are two totally different methods of measuring a
sexual preference, such as pedophilia. Reaction time is difficult to fake.
Both the Abel Screen 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
tests. 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.
The entire examination lasting two days, 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 4:00 p.m. or a little earlier. The following consists of the individual
tests the client will be required to complete.
Abel Screen Testing
-
Clinical Interview
-
Abel and Becker Sexual Interest Cardsort
-
Beck Depression Inventory
-
Wender Utah Rating Scale
-
Sexual Addiction Screening Test
-
Minnesota Multiphasic Personality Inventory-2 (MMPI-2)
-
The MMPI-2 is a 567-item, true/false questionnaire to evaluate the patient's
personality characteristics. It compares the patient's answers with those
individuals previously evaluated and diagnosed, to determine if the patient's
pattern of responding matches the diagnostic characteristics of previously
diagnosed groups. It has scores related to validity, affect, personality,
interpersonal characteristics, cognitive functioning and diagnostic
consideration.
-
PDQ-4
-
This questionnaire gathers the self-reported information of the patient that
is consistent with a DSM-IV (Diagnostic and Statistical Manual of the American
Psychiatric Association-version 4) categories of personality disorders. It
is not a confirmatory test of the personality diagnoses, but must be compared
with the patient's clinical presentation.
-
Abel Assessment Questionnaire
-
This questionnaire includes over 600 items to gather information regarding
21 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. Extensive
data is gathered regarding each of these sexual deviations, especially the
age of onset, age at which the deviant behaviors stopped, the number of victims,
the number of times the behavior was committed and the patient's current
reported control of that deviant behavior. Extensive data is also gathered
regarding the amount of violence used during the perpetration of a sexual
behavior and the characteristics of the victim. Further information is also
gathered regarding the patient's cognitive distortions that may support behaviors
such as child molestation, measures of their giving socially desirable answers
(so as to appear in a positive light), items that reflect their increasing
danger because of the age or amount of aggression used during perpetrations
of sex offenses and their history of admissions, accusations, arrests and
convictions for the 21 categories of sex offending listed above.
-
Reaction Time Assessment
-
An objective measure of sexual interest in a 2-4, 8-10, 14-17 and 21 years
or older males and females, Caucasian or African-American and six other
categories of potential sexual interest are measured by recording the patient's
visual reaction time. The patient is presented 160 slides representing 22
categories of potential sexual interest. The patient's self-reported sexual
interest to each slide in each category is then compared with the objective
ranking of sexual interest. The reliability and validity of visual reaction
time exceeds that of plethysmography and accomplishes this without presenting
slides of nudes to the patient. The results are interpreted specific to the
ethnicity of the patient completing the testing.
-
Polygraph Testing
-
Drug Screen
-
Final Interview
-
After all testing is completed, Dr. Abel meets with me and the client to
discuss the results. His written report is sent to me, not the client, and
normally reached us within 7 to 10 days following testing.
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. 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, the experienced attorney may identify the examiner
as an expert without divulging the tests and then, during their testimony,
ask, "Have you had an opportunity to work closely with the accused?" "In
your expert opinion, and to a reasonable degree of medical certainty, is
the accused guilty of the crimes they were charged with?" There are ways
to get the point across to the jury. 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.
-
In most cases, when our client has successfully completed the entire Abel
Screen, we recommend that they say nothing to anyone regarding their testing
or results. At that point, it is our desire to use any and all methods available
in an attempt to prove their innocence and, hopefully, make the prosecution's
case against them simply disappear. Not an easy task, but it can be done.
Normally, our first step is to have our client approach anyone on the prosecution
side, be it the prosecutor directly or the investigating officer, and offer
to submit to any testing of their choice in order to prove that they are
innocent. There are several reasons for this strategy. One, when our client
has completed the Abel Screen, they will have successfully passed the roughest
possible testing they could have been exposed to. This gives them a total
confidence that they can successfully pass any test the prosecution may ask
them to complete, be it a polygraph, plethysmograph or Abel Screen. If the
prosecution accepts the client's offer and tests are provided, then there
will be only two points of consideration; either the client passed or failed.
In the event they failed, the question then becomes, how were they able to
successfully pass the entire Abel battery of tests with absolutely no problem,
yet fail the test recommended by the prosecution. When the testing by the
prosecution is fair and honorable, the client will have absolutely no problem
whatsoever in successfully completing it. On some occasions, however, we
have seen instances where a client was told they failed a polygraph when
in fact, they did not. In this case, there could be no better backup protection
than the Abel Screen. Hopefully, that is not the case, the client will pass
any testing and the case is dismissed.
-
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 full counts against the accused. There is an absolute art to dealing with
these cases and attempting to have the allegations disappear before indictment.
Unfortunately, many attorneys have never handled a false allegation case
and have no clue as to the proper manner in which to proceed. As badly as
I hate to say it, the entire matter amounts to nothing more than a psychological
game and you win only when you convince the prosecution that, beyond any
doubt, you are not guilty. You must do that, but at the same time limit exposing
your defense in the event the matter does go to trial.
We strongly believe in the Abel Screening, simply because we 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.
-
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 10 days.
-
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 will
be used for handling the results once someone has successfully completed
testing. That cannot be done because each individual case differs.
|