Autism Spectrum Disorder and Online Sexual Offenses: Surviving the “Perfect Storm”

In a presentation delivered for criminal defense attorneys, attorney Mark Mahoney challenges the justice system's frequent dismissal of Autism Spectrum Disorder as a "defense du jour." Mahoney argues that effectively representing neurodivergent clients requires moving past appeals for sympathy and relying strictly on hard neurological science. By examining eye-tracking studies, diagnostic features, and cognitive processing differences, Mahoney details how individuals on the spectrum fail to absorb automatic social cues. This cognitive gap leads to "counterfeit deviance", unlawful or seemingly fixated behaviors that mimic sexual criminality to neurotypical observers, but stem from non-deviant mechanisms like literal rule-following, sensory processing differences, and severe social immaturity.