Borderline Personality and False Allegations of Sexual Assault

Borderline Personality and False Allegations of Sexual Assault

This topic paper examines the relationship between Borderline Personality Disorder (BPD) and false allegations of sexual assault.  We’ll first review what are the common features of BPD, then discuss the prevalence of unfounded and false sexual assault allegations, and finally explore research findings regarding the intersection of BPD and false allegations. 

What Constitutes “Borderline Personality Disorder”?

The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5, 2013) is published by the American Psychiatric Association. In the United States it is the considered to be the authoritative reference for diagnosing mental illness.  The DSM-5 describes nine common characteristics of BPD (with minor text modifications). 

Borderline Personality Disorder Diagnostic Criteria 301.83 (F60.3)
A pervasive pattern of instability of interpersonal relationships, self-image, and affects, and marked impulsivity, beginning by early adulthood and present in a variety of contexts, as indicated by five (or more) of the following:

  1. Frantic efforts to avoid real or imagined abandonment.
  2. A pattern of unstable and intense interpersonal relationships characterized by alternating between extremes of idealization and devaluation.
  3. Identity disturbance: markedly and persistently unstable self-image or sense of self.
  4. Impulsivity in at least two areas that are potentially self-damaging (e.g., spending, sex, substance abuse, reckless driving, binge eating).
  5. Recurrent suicidal behavior, gestures, or threats, or self-mutilating behavior.
  6. Affective instability due to a marked reactivity of mood (e.g., intense episodic dysphoria, irritability, or anxiety usually lasting a few hours and only rarely more than a few days).
  7. Chronic feelings of emptiness.
  8. Inappropriate, intense anger or difficulty controlling anger (e.g., frequent displays of temper, constant anger, recurrent physical fights).
  9. Transient, stress-related paranoid ideation or severe dissociative symptoms.

The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5, 2013), American Psychiatric Association, pp. 663

Borderline Personality Disorder and False Allegations of Sexual Assault

What is the intersection between BPD and false allegations.  Engle and O’Donohue (2012) make the following observations.  Note that at the time of their study the earlier edition of the DSM is referenced (DSM-IV-TR). 

The DSM-IV-TR (American Psychiatric Association, 2000) includes nine diagnostic criteria for this disorder, which for simplicity can be narrowed down to four domains (Lieb et al., 2004). The first domain is affective disturbance that includes intense emotions, rapidly shifting emotions, and mood reactivity. The second domain is disturbed cognition that includes three levels of symptomatology: troubling but non-psychotic problems including dissociation (discussed above) and intense feelings of being bad (relevant to this pathway); quasi-psychotic and psychotic-like symptoms of delusions and hallucinations (further discussed below) that are somewhat reality-based; and psychotic symptoms of delusions and hallucinations. The third domain is impulsivity, either physically destructive to the self or generalized impulsivity. The fourth domain involves the existence of unstable and erratic relationships, in which the borderline individual struggles to avoid either real or imagined abandonment.

When parsing these domains, it can be more clearly seen how BPD may serve as a pathway for false allegations of sexual assault. The first domain (Leib et al., 2004) includes the diagnostic criterion of quickly switching from idealization to devaluation of relationship (American Psychiatric Association, 2000). The instability of relationships experienced by an individual with BPD may be rooted in the tendency to quickly switch from idealizing significant others or lovers to devaluing them (American Psychiatric Association, 2000). This sudden change in conceptualization of a partner is often caused by feeling that the partner is not caring enough or giving enough or by suspicion of abandonment. The rapid shifting between idealizing and demonization may bring about a change in perspective such that a relationship that was viewed idealistically in the past is now seen through the devalued lens of abuse or mistreatment. Past events then may become construed as “abuse” and may lead a person with BPD to believe he or she is a victim of sexual assault.

As Kanin (1994) found in his longitudinal study, two of the three major motivations to file a false allegation of rape were attention-seeking and revenge. The switch from idealization to devaluation of the relationship and/or relationship partner (American Psychiatric Association, 2000) may spur a desire for revenge for any past behaviors that are, in the devaluation phase, newly construed as mistreatment. In addition an individual with BPD who is feeling fear of abandonment may seek frantically to achieve the attention that is craved from the partner who is perceived to be neglectful (American Psychiatric Association, 2000). The impulsive nature of a person with BPD may also lead them to act on these motivations for attention or revenge by filing a false allegation of sexual assault before carefully considering the consequences. Also, there is some evidence that individuals with BPD engage in behaviors that are viewed as “manipulative” (Linehan, 1993). Manipulative behaviors are often outside the conscious awareness of the individual and are learned through positive reinforcement, as manipulation frequently results in positive outcomes for the manipulator. Thus, an individual with BPD may use a sexual assault allegation as a way of impacting a third party for some desired outcome.

The second domain (Lieb et al., 2004), consisting of symptoms of reality-based delusions and hallucinations, may lead to false beliefs of sexual assault, and clinical experience suggests that sexuality is a common theme in delusions and hallucinations. The DSM-IV-TR (American Psychiatric Association 2000, p. 299) defines delusions as “erroneous beliefs that usually involve misinterpretations of perceptions or experiences.” Hallucinations involve sensory experiences that do not appear to be externally caused.

Thus, individuals with BPD may represent a “perfect storm” of symptoms in which an impulsive, emotionally dysregulated individual who is demonizing someone and has loose contact with reality and who is attention and revenge makes a false allegation of sexual assault. However, when considering this pathway, it is important to keep in mind that individuals with BPD are more likely to have experienced sexual or physical assault (Lieb, et al., 2004) due to the same characteristics of the disorder. Thus, it is important to fairly and adequately weigh the evidence presented in an allegation of sexual assault.

Engle, Jessica., O’Donohue, William. Pathways to false allegations of sexual assault. Journal of Forensic Psychology Practice, Vol 12(2), Mar, 2012. pp. 109-111.

Research Articles on BPD and False Allegations of Sexual Assault Pseudologia fantastica in the borderline patient.
Snyder, Scott.
The American Journal of Psychiatry, Vol 143(10), Oct, 1986. pp. 1287-1289.

Abstract:
Describes 4 cases of pseudologia fantastica, or pathological lying, that was associated with borderline personality disorder (BPD) in an 18-, 26-, and 35-yr-old female and in an 18-yr-old male. Clinical, forensic, and treatment implications of this disorder are discussed. Cases illustrate the association between pathological lying and narcissistic gratification, poor self-esteem, and a fragile sense of self in BPD patients.

Review of A Developmental Model of Borderline Personality Disorder.
Berger, Joseph
American Journal of Psychotherapy, Vol 58(2), 2004. pp. 253-255.

Abstract:
Reviews the book ‘A Developmental Model of Borderline Personality Disorder’ by Patricia Hoffman Judd and Thomas H. Mc Glashan (see record 2003-06987-000). The main portion of the book consists of four long, detailed case histories of patients who were hospitalized and treated at the Chestnut Lodge hospital between 1950 and 1975. These chapters are introduced with a brief history of Chestnut Lodge, and a summary of McGlashan’s retrospective review of all patients treated at Chestnut Lodge in those years. The book concludes with two chapters; one discusses treatment aspects and the other explains many of the symptomatic and behavioral features of these patients as they relate to the developmental model outlined in the first chapter. The authors conclude that borderline personality disorder (BPD) arises in a vulnerable individual because of a combination of that vulnerability and an excess of environmental stressors, most prominent of which is maternal deprivation and/or maltreatment or abuse. The authors recommend that BPD patients should preferably be treated by a team. I also agree that contrary to the traditional analytic abstinence-rejection approach, gifts from patients should be accepted ‘graciously and with appreciation’- unless overdone. The authors also urge therapists to be aware that these patients often make false accusations.

Pathways to false allegations of sexual harassment.
O’donohue, William and Bowers, Adrian H.
Journal of Investigative Psychology and Offender Profiling, Vol 3(1), Jan, 2006. pp. 47-74.

Abstract:
A sexual harassment allegation is either true or false. Whether specific allegations are true or false is important to questions of epidemiology, clinical diagnosis and treatment, administrative and legal proceedings, as well as the welfare of actual victims and innocent alleged perpetrators. It is naive and harmful to operate with the heuristic: ‘All claims are true’. However, the truth of many allegations is very difficult to determine, particularly as is often the case when there are no witnesses, no conclusive hard evidence, and the presence of a situation where both parties have divergent accounts of the alleged occurrence. There has been little theoretical or empirical work on what would cause a person to make a false allegation of sexual harassment. This paper gives an overview of the intricacies associated with sexual harassment investigations and enumerates 14 possible pathways to false allegations: lying; borderline personality disorder, histrionic personality disorder, psychosis, gender prejudice, substance abuse, dementia, false memories, false interpretations, biased interviews, sociopathy, personality disorders not otherwise specified, investigative mistakes, and mistakes in determination of the degree of harassment.

Pathways to false allegations of sexual assault.
Engle, Jessica and O’Donohue, William.
Journal of Forensic Psychology Practice, Vol 12(2), Mar, 2012. pp. 97-123.

Abstract:
Not all allegations of sexual assault are true. Unfortunately, there has been little work on understanding the prevalence of false allegations or pathways to these. This paper proposes 11 pathways to false allegations of sexual assault: (a) lying, (b) implied consent, (c) false memories, (d) intoxication, (e) antisocial personality disorder, (f) borderline personality disorder, (g) histrionic personality disorder, (h) delirium, (i) psychotic disorders, (j) dissociation, and (k) intellectual disability. These pathways originate in the psychological diatheses of the individual. Further research is needed into the frequency of these pathways, ways to accurately detect these, and whether other pathways exist.

Die schrittweise interaktive Entstehung einer Fehlbeschuldigung sexuellen Missbrauchs.
Translated Title: The stepwise interactive creation of false accusations of sexual abuse.
Kröber, Hans-Ludwig.
Forensische Psychiatrie, Psychologie, Kriminologie, Vol 7(4), Nov, 2013. pp. 240-249.

Abstract:
False accusations of sexual abuse and also violent sexual misconduct by persons in a close relationship often have a long history of development by which the alleged victim increasingly involves other persons who are then used to substantiate the authenticity and truth of the claims, even before allegations are made. Using three cases as examples this article describes the approaches used which are found particularly in emotionally unstable borderline type personalities. When a mental disorder or personality disorder of the alleged victim is suspected, the volitional competence to testify should be tested. This applies not only for borderline personality disorders (which is occasionally reclassified as posttraumatic disorder) but also when symptoms of a puberty crisis, an adolescence crisis or another relevant crisis, such as a posttraumatic disorder are present.

Research Abstracts on Unfounded / False Sexual Assault Claims

False Rape Allegations. 
Kanin, Eugene.
Archives of Sexual Behavior, Feb. 1994, v23, n1, p81(12)

Abstract
With the cooperation of the police agency of a small metropolitan community, 45 consecutive, disposed, false rape allegations covering a 9-year period were studied. These false rape allegations constitute 41% the total forcible rape cases (n = 109) reported during this period. These false allegations appear to serve three major functions for the complainants: providing an alibi, seeking revenge, and obtaining sympathy and attention. False rape allegations are not the consequence of a gender-linked aberration, as frequently claimed, but reflect impulsive and desperate efforts to cope with personal and social stress situations.

False allegations of rape revisited: a replication of the kanin study.
Kennedy, Daniel.
Journal of Security Administration; June 2000; 23, 1; pg. 41

Abstract
Behavioral scientists interested in the “dark figure” of unreported crime can claim with empirical support that only 30% of rapes are made known to the police (Rand, 1998). There is far less agreement on the extent to which certain rapes may be “overreported.” Do false allegations of rape occur with sufficient frequency to constitute an appreciable threat to the administration of justice? If so, are there any patterns which may be identified and motivations which may be uncovered?

False allegations of wrongdoing can have severe consequences for the American justice system. Several studies have documented the extent to which suspects have been wrongfully convicted for crimes they did not commit (Huff, Rattner, & Sagarin, 1996). Allegations of child molestation are often leveled between waning spouses in an attempt to win custody of their children (Robin,1992). Finally, to the extent that investigative authorities understand the nature of false reports of victimization, true victims of rape will not be confused with dissemblers and denied appropriate system support (McDowell & Hibler,1993).

Beyond belief? Police, rape and women’s credibility.
Jordan, Jan. Criminal Justice: International Journal of Policy and Practice, Vol 4(1), Feb, 2004. pp. 29-59.

Abstract:
This article reviews issues concerning perceptions of women’s credibility in the context of police responses to sexual assault complainants. It is based on both quantitative and qualitative data drawn from detailed analysis of police rape and sexual assault files. Particular attention is paid to identification of the principal factors affecting police perceptions of rapecomplainants, addressing such issues as demeanour, intoxication and concealment. Problems arising from the misinterpretation of significant ‘cues’ are identified, and consideration given to possible ways in which miscommunication between rape complainants and police officers occurs. The article argues that many rape complainants must still battle to gain credibility in the eyes of some police investigative officers, and that stereotypically based judgements continue to impact negatively on police perceptions and decision making. The overall aim of the article is to prompt critical, constructive evaluation of police culture and practice in order to enhance the quality of police responses to victims of sexual violence and abuse.

Encyclopedia of Violence: frequent, commonplace, unexpected. 
DiCanio, Margaret. May, 2004. 

Book:
Arranged in an A to Z format and cross-referenced, Encyclopedia of Violence by Margaret DiCanio, Ph.D. provides an overview. Entries include: violence management systems; health; law enforcement; judicial; and corrections. Strengths and flaws are revealed, particularly in juvenile and assembly-line justice. Explored are such seemingly unrelated types of crime as organized and corporate crime, both hidden from public view. Murder in various guises is described. While mass murders and serial murders by individuals capture public attention, more common are murders resulting from domestic abuse, barroom brawls, and petty squabbles. Classroom violence is covered, as is campus violence. Violence is expensive, economically, socially, and psychologically. Unlike many other nations, United States keeps relatively accurate crime statistics. Violence is not just a criminal justice problem; it is the world’s major global public health problem, draining financial and human resources. Appendixes trace the roots of America’s drug traffic, and provide resources.

False rape allegations: An assault on justice.
Gross, Bruce.
The Forensic Examiner, Vol 18(1), Spr 2009. pp. 66-70.

Abstract:
A certain percentage of rape complaints are classified as ‘unfounded’ by the police and excluded from the FBI’s statistics. For example, in 1995, 8% of all forcible rape cases were closed as unfounded, as were 15% in 1996. According to the FBI, a report should only be considered unfounded when investigation revealed that the elements of the crime were not met or the report was ‘false’. The term ‘unfounded’ is not a homogeneous classification and, to date, there is not a formalized, accepted definition of ‘false rape allegations.’ The designation of false allegation might best be used exclusively for those cases in which it is determined that the accuser intentionally fabricated the allegation of rape. That is, the accuser claims an incident of forced sexual contact took place when no such incident occurred, or the contact that did occur was consensual. In addition, this would include cases in which a rape was committed, but the victim knowingly identified the wrong person as the perpetrator.

False allegations of sexual assault: An analysis of ten years of reported cases.
Lisak, David.,Gardinier, Lori., Nicksa, Sarah C., and Cote, Ashley M.
Violence Against Women, Vol 16(12), Dec, 2010. pp. 1318-1334.

Abstract:
One of the most controversial disputes affecting the discourse related to violence against women is the dispute about the frequency of false allegations of sexual assault. In an effort to add clarity to the discourse, published research on false allegations is critiqued, and the results of a new study described. All cases (N=136) of sexual assault reported to a major Northeastern university over a 10-year period are analyzed to determine the percentage of false allegations. Of the 136 cases of sexual assault reported over the 10-year period, 8 (5.9%) are coded as false allegations. These results, taken in the context of an examination of previous research, indicate that the prevalence of false allegations is between 2% and 10%.

Pathways to false allegations of sexual assault.
Engle, Jessica., O’Donohue, William.
Journal of Forensic Psychology Practice, Vol 12(2), Mar, 2012. pp. 97-123.

Abstract:
Not all allegations of sexual assault are true. Unfortunately, there has been little work on understanding the prevalence offalse allegations or pathways to these. This paper proposes 11 pathways to false allegations of sexual assault: (a) lying, (b) implied consent, (c) false memories, (d) intoxication, (e) antisocial personality disorder, (f) borderline personality disorder, (g) histrionic personality disorder, (h) delirium, (i) psychotic disorders, (j) dissociation, and (k) intellectual disability. These pathways originate in the psychological diatheses of the individual. Further research is needed into the frequency of these pathways, ways to accurately detect these, and whether other pathways exist.

Characteristics of false allegation adult crimes.
McNamara, James J., McDonald, Sean.
J Forensic Sci. 2012 May;57(3):643-6.

Abstract:
The purpose of this study was to identify common factors in false allegation adult crimes, by examining the dynamics involved in 30 confirmed false allegation cases. The authors conducted a comprehensive review of these adjudicated cases and then completed a collection instrument to capture offender demographics, offense characteristics, and motive. The results indicated that most false allegation crimes were committed by women (73.3%) and Caucasians (93.3%). Data indicated that more interpersonally violent allegations were primarily motivated by attention/sympathy needs (50.0%), whereas more impersonal offenses involved other motivations such as providing an alibi (16.7%) or profit (13.3%). Offenders tended to be younger, high school graduates with no higher education (43.3%). A total of 23.3% of offenders had a prior criminal history. Male offenders appeared as likely as women to be motivated by attention/sympathy; however, men tended to select more violent, nonsexual offenses (e.g., attempted murder) than women.

Differentiating genuine and false rape allegations: A model to aid rape investigations.
Hunt, Laura. 
Psychiatry, Psychology and Law, Vol 19(5), Nov, 2012. pp. 682-691.

Abstract:
The aim of this study was to compare the victimology, offence demographics and offence behaviours of genuine and falseallegations of rape in order to develop a model that could be used to aid in differentiating between genuine and false rapeallegations. Eighty false allegations of rape were compared with 160 genuine allegations of rape, obtained from the Serious Crime Analysis Section (SCAS). Data were taken directly from complainant statements and 62 variables were dichotomously coded. Chi-square, odds ratios and Mann-Whitney U tests were initially completed and then the more significant variables were entered into a backwards stepwise logistic regression. The resultant logistic regression model classified 91.7% of the sample correctly. The model was validated using an additional 12 cases, with an 83% success rate. This study found that a number of factors successfully discriminated between genuine and false rape allegations. It thus offers a tool that might aid police investigations, crime analysts and behavioural investigative advisors in the veracity assessment of rape allegations.

The truth, the half-truth, and nothing like the truth: Reconceptualizing false allegations of rape.
Saunders, Candida L.
British Journal of Criminology, Vol 52(6), Nov 2012. pp. 1152-1171.

Abstract:
There is a longstanding dispute between criminal justice professionals on the one hand and researchers and commentators on the other regarding the prevalence of false allegations of rape. Prevalence, however, is contingent upon definition. If the various protagonists’ definitions of a ‘false allegation’ do not coincide, it is virtually inevitable that their estimates will diverge. Drawing on original empirical data from in-depth research interviews conducted with police and Crown Prosecutors, this article explores the following important but much-neglected question: When criminal justice professionals tell us that false allegations of rape are common, what precisely are they talking about? What ‘counts’ as a false allegation?

Unfounding sexual assault: Examining the decision to unfound and identifying false reports.
Spohn, Cassia., White, Clair, Tellis, Katharine.
Law & Society Review, Vol 48(1), Mar 2014. pp. 161-192.

Abstract:
One of the most controversial—and least understood—issues in the area of sexual violence is the prevalence of falsereports of rape. Estimates of the rate of false reports vary widely, which reflects differences in way false reports are defined and in the methods that researchers use to identify them. We address this issue using a mixed methods approach that incorporates quantitative and qualitative data on sexual assault cases that were reported to the Los Angeles Police Department (LAPD) in 2008 and qualitative data from interviews with LAPD detectives assigned to investigate reports of sexual assault. We found that the LAPD was clearing cases as unfounded appropriately most, but not all, of the time and we estimated that the rate of false reports among cases reported to the LAPD was 4.5 percent.We also found that although complainant recantation was the strongest predictor of the unfounding decision, other factors indicative of the seriousness of the incident and the credibility of the victim also played a role. We interpret these findings using an integrated theoretical perspective that incorporates both Black’s sociological theory of law and Steffensmeier, Ulmer, and Kramer’s focal concerns perspective.

Detecting the true nature of allegations of rape.
De Zutter, André. Horselenberg, Robert., Koppen, Peter J.
Journal of Police and Criminal Psychology, Jun 23, 2016.

Abstract:
A study was conducted to test whether it is possible to build a model to distinguish true and false allegations of rape based on the theory of fabricated rape. The theory is based on the principle that a false complainant of rape has not been raped and has to fabricate a story while the story of a true victim is based on recollections of the event. Consequently, falsecomplainants will behave as liars do, construct their story based on their own sexual experiences and on mental representations, beliefs of how such a crime would happen (De Zutter et al. in Eur J Psychol Appl Leg Context. doi: 10.1016/j.ejpal.2016.02.002 , 2016). To test the theory and to build a model to discriminate between true and falseallegations of rape, a police sample of true and false allegations was studied. A total of 129, 72 true and 57 false, allegations of rape fulfilled the stringent criteria of the current study, among others on ground truth. Fifty-four allegations of rape, 27 true and 27 false, were used to build a prediction model based on the theory of bounded rationality by Gigerenzer (2002). The remaining 75 cases, 45 true and 30 false, were blindly categorised as either true or false based on the model. The model was able to predict the true nature of the majority of allegations with an accuracy rate of 91 %. Thus, it seems possible to discriminate to a considerable extend between true and false allegations of rape

Motives for filing a false allegation of rape.
Zutter, André W. E. A., et al.
Archives of Sexual Behavior, Vol 47(2), Feb, 2018. pp. 457-464.

Abstract:
The list of motives by Kanin (1994) is the most cited list of motives to file a false allegation of rape. Kanin posited that complainants file a false allegation out of revenge, to produce an alibi or to get sympathy. A new list of motives is proposed in which gain is the predominant factor. In the proposed list, complainants file a false allegation out of material gain, emotional gain, or a disturbed mental state. The list can be subdivided into eight different categories: material gain, alibi, revenge, sympathy, attention, a disturbed mental state, relabeling, or regret. To test the validity of the list, a sample of 57 proven false allegations were studied at and provided by the National Unit of the Dutch National Police (NU). The complete files were studied to ensure correct classification by the NU and to identify the motives of the complainants. The results support the overall validity of the list. Complainants were primarily motivated by emotional gain. Most falseallegations were used to cover up other behavior such as adultery or skipping school. Some complainants, however, reported more than one motive. A large proportion, 20% of complainants, said that they did not know why they filed a false allegation. The results confirm the complexity of motivations for filing false allegations and the difficulties associated with archival studies. In conclusion, the list of Kanin is, based on the current results, valid but insufficient to explain all the different motives of complainants to file a false allegation.