Malingering in expertise context: How to better understand the victimology process?

In forensic context, the psychological or psychiatric assessment occurs in a particular and different way than the usual practice in psychotherapy, and malingering has a specific dimension in this context. This article focuses on malingering in situations of damages compensations. We analyse this behaviour through the study of the victimisation process, the family influence, the existent psychological tests and the examiner’s role. The injured persons are placed or place their-self in a victim position that seems to be a factor involved in their reconstruction process and by this way, in the use of malingering. The family has also a strong influence on the management of the traumatic incident and by this way, on the (conscious or unconscious) choice of malingering, particularly for children (by example, in the Munchausen by proxy syndrome). Finally, our study shows how the examiner’s role and attitude are central in the functioning and the interaction of the two mechanisms (management of the event/reconstruction by the victim and malingering). Although psychological tests can be used in order to discover malingering, a meticulous assessment, empathy, and neutral and benevolent attention are indispensable elements in order to assure authentic complaints and thus to prevent malingering.