Case Preparation (Autism Online Offense)

This position paper from autism research and support organizations sets out considerations for prosecutors handling child pornography possession cases involving people with Asperger profiles. It argues that communication differences may affect how a person appears during interrogation and that prosecutors should consider these features, the individual’s circumstances, and the possibility of rehabilitation when deciding whether and how to pursue charges.

Chad Steel reviews reported behavioral similarities between Asperger syndrome and people investigated for digital child pornography offenses, while emphasizing that a causal relationship has not been established. He proposes an investigative framework that considers digital-forensic evidence alongside structured subject interviews, aiming to assess behavior carefully and avoid diagnosing Asperger syndrome after the fact from offense characteristics alone.

In this 2016 review, Melanie Clark Mogavero surveys research on autism spectrum disorder and sexual offending and considers how autism-related traits may intersect with sexual behavior and contact with the criminal justice system. The article discusses implications for interviewing, competency and capacity assessments, and sentencing, and calls for criminal justice professionals to account for individual needs without treating diagnosis alone as a conclusion about legal responsibility.

This study develops normative Personality Assessment Inventory (PAI) data for intellectually able adults diagnosed with autism spectrum disorder and compares their profiles with clinical and inpatient reference groups. The authors also derive and cross-validate an autism-spectrum discriminant function, which they describe as a promising screening aid for identifying people who may need a specialized autism assessment, while noting that further validation is needed.

This 2016 study examines sexuality among adolescents and adults diagnosed with autism spectrum disorder in childhood, using a cohort of 184 people aged 15 to 39 and follow-up information from men with Asperger syndrome. Most participants showed sexual interest, while inappropriate sexual behaviors and paraphilias were reported in roughly one quarter; the authors found that paraphilias, but not inappropriate behaviors, were associated with some measures of autism severity and functioning.

In a study comparing 95 adults with ASD and 117 adults without ASD, researchers examined sexual-knowledge sources, actual and perceived knowledge, and reported sexual victimization. The ASD group reported fewer social sources, lower sexual knowledge, and more victimization; the authors reported that actual knowledge partly mediated the group’s increased victimization risk.

This systematic review examines research on sexual offending in people with autism spectrum disorder and reports that the available literature it identified was limited. The authors found seven case reports and seven prevalence studies, and they called for further research to clarify needs and inform appropriate treatment strategies.

This case-preparation guide urges attorneys to consider whether a client’s communication, social-cue, sensory, developmental, or behavioral characteristics may warrant an autism evaluation. It recommends gathering developmental history and selecting a forensic expert with relevant ASD and sex-offense experience, and it outlines evaluation options and legal questions an expert may address.