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Gender and Malingering in Defendants Deemed Incompetent to Stand Trial
Ariana E Nesbit-Bartsch1, Barbara E McDermott2, Katherine D Warburton2
1Dr. Nesbit-Bartsch is a Forensic Psychiatrist, San Diego County Forensic Psychiatry Clinic, San Diego, CA. Dr. McDermott is Professor and Research Director at Napa State Hospital, University of California-Davis Medical Center, Department of Psychiatry and Behavioral Sciences, University of California, Sacramento, CA. Dr. Warburton is Medical Director, California Department of State Hospitals, Sacramento, CA. contact@ariananesbit-bartschmd.com.
Summary
Gender bias in malingering assessments is prevalent. This study found evaluators perceived higher rates of malingering in men compared to women, despite similar feigned symptom scores.
Area of Science:
- Forensic Psychology
- Psychiatry
- Legal Medicine
Background:
- Malingering, the feigning of symptoms for external gain, is a significant concern in forensic evaluations.
- Existing literature has minimally explored the influence of gender on malingering detection and diagnosis.
Purpose of the Study:
- To investigate potential gender-based disparities in the assessment of malingering among individuals found incompetent to stand trial.
- To identify factors contributing to perceived gender differences in malingering rates.
Main Methods:
- Analysis of data from 1,748 patients evaluated for competency to stand trial between 2008 and 2017.
- Utilized a structured assessment tool for feigned psychiatric symptoms.
- Examined demographic variables, symptom presentation, and criminal history.
Main Results:
- Men (23%) were perceived as malingering at higher rates than women (15%) by evaluators.
- Objective scores for feigned psychiatric symptoms showed only minor differences between genders.
- Symptom patterns and criminal arrest history were associated with perceived malingering.
Conclusions:
- Evaluator perceptions of malingering appear to be influenced by gender, independent of objective symptom presentation.
- Gender differences in malingering rates may be linked to specific symptom constellations and prior legal involvement.
- Further research is needed to address potential biases in forensic assessments.
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