Case 3:13-cv-05038-FLW-LHG Document 56 Filed 11/05/13 Page 1 of 2 PageID: 1457

State of New Jersey

CHRIS CHRISTIE
Governor

OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF LAW
25 MARKET STREET
PO Box

JOHN J. HOFFMAN
Acting Attorney General

KIM GUADAGNO
Lt. Governor

CHRISTOPHER S. PORRINO
Director

TRENTON, NJ 08625-0

November 5, 2013

The Honorable Freda L. Wolfson, U.S.D.J. United States District Court for the District of New Jersey Clarkson S. Fisher Building & U.S. Courthouse 402 East State Street Trenton, NJ 08608 Re: Tara King, Ed.D., et al., v. Chris Christie, et al. Civil Action No.: 13-05038 (FLW-LHG) Response to Plaintiffs Citation of Supplemental Authorities

Dear Judge Wolfson: Please accept this letter on behalf of Defendants in response to Plaintiffs Citation of Supplemental Authorities, which they have filed under no apparent authority or leave of Court. Plaintiffs argue that the phrase sexual orientation is so vague that the American Psychiatric Association (APA) reclassified pedophilia as a sexual orientation in the DSM-5 and once the APA was challenged on that classification, the APA issued a press release stating that the classification was an error. However, the press release attached to Plaintiffs filing and the TEXT CORRECTIONS for DSM-5 (10/31/13) reveal that the use of the word orientation rather than interest was an error in the DSM-5 and has since been corrected. The TEXT CORRECTIONS for DSM-5 (10/31/13) are available at http://www.dsm5.org/Documents/Paraphilias_103113.pdf and are attached hereto for the Courts convenience. Therefore, the Court should disregard Plaintiffs argument that this error supports the conclusion that the phrase sexual orientation is vague.

HUGHES JUSTICE COMPLEX TELEPHONE: (609) 777-3442 FAX: (609) 943-4853 New Jersey Is An Equal Opportunity Employer Printed on Recycled Paper and Recyclable

Case 3:13-cv-05038-FLW-LHG Document 56 Filed 11/05/13 Page 2 of 2 PageID: 1458

November 5, 2013 Page 2 of 2 Thank you for your kind consideration in this matter. Respectfully submitted, JOHN J. HOFFMAN ACTING ATORNEY GENERAL OF NEW JERSEY By: s/Susan M. Scott Susan M. Scott Deputy Attorney General

Enclosure c: All Counsel of Record via electronic filing

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TEXT CORRECTIONS for DSM-5 (10/31/13) *Desk Reference not affected
Name of Disorder and Type of Change Sexual Masochism Disorder In Differential Diagnosis, last word: Change orientation to interest. Currently printed as Differential Diagnosis Many of the conditions that could be differential diagnoses for sexual masochism disorder (e.g., transvestic fetishism, sexual sadism disorder, hypersexuality, alcohol and substance use disorders) sometimes occur also as comorbid diagnoses. Therefore, it is necessary to carefully evaluate the evidence for sexual masochism disorder, keeping the possibility of other paraphilias or other mental disorders as part of the differential diagnosis. Sexual masochism in the absence of distress (i.e., no disorder) is also included in the differential, as individuals who conduct the behaviors may be satisfied with their masochistic orientation. Development and Course Individuals with sexual sadism in forensic samples are almost exclusively male, but a representative sample of the population in Australia reported that 2.2% of men and 1.3% of women said they had been involved in bondage and discipline, sadomasochism, or dominance and submission in the previous year. Information on the development and course of sexual sadism disorder is extremely limited. One study reported that females became aware of their sadomasochistic orientation as young adults, and another reported that the mean age at onset of sadism in a group of males was 19.4 years. Whereas sexual sadism per se is probably a lifelong characteristic, sexual sadism disorder may fluctuate according to the individuals subjective distress or his or her propensity to harm nonconsenting others. Advancing age is likely to have the same reducing effect on this disorder as it has on other paraphilic or normophilic sexual behavior. Diagnostic Features The diagnostic criteria for pedophilic disorder are intended to apply both to individuals who freely disclose this paraphilia and to individuals who deny any sexual attraction to prepubertal children (generally age 13 years or younger), despite substantial objective evidence to the contrary. Examples of disclosing this Correct as follows: Differential Diagnosis Many of the conditions that could be differential diagnoses for sexual masochism disorder (e.g., transvestic fetishism, sexual sadism disorder, hypersexuality, alcohol and substance use disorders) sometimes occur also as comorbid diagnoses. Therefore, it is necessary to carefully evaluate the evidence for sexual masochism disorder, keeping the possibility of other paraphilias or other mental disorders as part of the differential diagnosis. Sexual masochism in the absence of distress (i.e., no disorder) is also included in the differential, as individuals who conduct the behaviors may be satisfied with their masochistic interest. Development and Course Individuals with sexual sadism in forensic samples are almost exclusively male, but a representative sample of the population in Australia reported that 2.2% of men and 1.3% of women said they had been involved in bondage and discipline, sadomasochism, or dominance and submission in the previous year. Information on the development and course of sexual sadism disorder is extremely limited. One study reported that females became aware of their sadomasochistic interest as young adults, and another reported that the mean age at onset of sadism in a group of males was 19.4 years. Whereas sexual sadism per se is probably a lifelong characteristic, sexual sadism disorder may fluctuate according to the individuals subjective distress or his or her propensity to harm nonconsenting others. Advancing age is likely to have the same reducing effect on this disorder as it has on other paraphilic or normophilic sexual behavior. Diagnostic Features The diagnostic criteria for pedophilic disorder are intended to apply both to individuals who freely disclose this paraphilia and to individuals who deny any sexual attraction to prepubertal children (generally age 13 years or younger), despite substantial objective evidence to the contrary. Examples of disclosing this Affected DSM-5 page 695

Sexual Sadism Disorder In Development and Course, sentence beginning One study reported: Change orientation to interest.

697

Pedophilic Disorder In Diagnostic Features, first paragraph, last sentence: Change orientation to interest.

698

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paraphilia include candidly acknowledging an intense sexual interest in children and indicating that sexual interest in children is greater than or equal to sexual interest in physically mature individuals. If individuals also complain that their sexual attractions or preferences for children are causing psychosocial difficulties, they may be diagnosed with pedophilic disorder. However, if they report an absence of feelings of guilt, shame, or anxiety about these impulses and are not functionally limited by their paraphilic impulses (according to selfreport, objective assessment, or both), and their selfreported and legally recorded histories indicate that they have never acted on their impulses, then these individuals have a pedophilic sexual orientation but not pedophilic disorder. Genetic and physiological. Since pedophilia is a necessary condition for pedophilic disorder, any factor that increases the probability of pedophilia also increases the risk of pedophilic disorder. There is some evidence that neurodevelopmental perturbation in utero increases the probability of development of a pedophilic orientation. paraphilia include candidly acknowledging an intense sexual interest in children and indicating that sexual interest in children is greater than or equal to sexual interest in physically mature individuals. If individuals also complain that their sexual attractions or preferences for children are causing psychosocial difficulties, they may be diagnosed with pedophilic disorder. However, if they report an absence of feelings of guilt, shame, or anxiety about these impulses and are not functionally limited by their paraphilic impulses (according to selfreport, objective assessment, or both), and their selfreported and legally recorded histories indicate that they have never acted on their impulses, then these individuals have a pedophilic sexual interest but not pedophilic disorder. Genetic and physiological. Since pedophilia is a necessary condition for pedophilic disorder, any factor that increases the probability of pedophilia also increases the risk of pedophilic disorder. There is some evidence that neurodevelopmental perturbation in utero increases the probability of development of a pedophilic interest.

Pedophilic Disorder In Risk and Prognostic Factors, Genetic and physiological, last word: Change orientation to interest.

699

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