Should I Take a Polygraph Test if I Am Accused of a Sex Crime?

This content contains sensitive subject matter related to legal defense for crimes of a sexual nature.

Sex crimes are serious offenses. Many sex offense cases don’t have any hard evidence of a crime. Instead, it could just be someone’s testimony that they were a victim of sexual assault. If you are innocent, you may think a polygraph test can prove your case. Unfortunately, polygraph tests are not always accurate and could actually hurt your case.

If police officers ask you to take a polygraph, ensure you understand your legal rights. Talk to your criminal defense attorney to make sure your rights are protected. Criminal laws vary by state. To understand how sex crime charges are treated in your state, talk to a sex crime defense lawyer for legal advice.

How Does a Lie Detector Test Work?

A polygraph is a device that measures someone’s physiological reactions to a series of questions and answers. According to the Department of Justice, a polygraph is an instrument that:

• “Records continuously, visually, permanently, and simultaneously changes in cardiovascular, respiratory, and electrodermal patterns as minimum instrumentation standards; and
• “is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.”

Sometimes called a lie detector test, it does not necessarily show whether someone is lying. The device is hooked up to a person to measure pulse, blood pressure, breathing, and skin conductivity. The machine records physical reactions that may or may not be related to guilt, innocence, or an emotional response. Someone then interprets the polygraph results to come up with an opinion about honesty.

Sometimes, a lying person can pass the polygraph examination or convince the operator that they are telling the truth. Similarly, someone telling the truth can appear to be lying to the telegraph operator.

Can a Lie Detector Prove I’m Innocent?

Many sex crimes come down to witness testimony to help the jury decide who to believe. If you are innocent, you may not have any proof of your innocence and can only give your side of the story. Using a lie detection test to try to prove you are innocent can be tempting. Unfortunately, polygraph exams are not always accurate; in some state courts, they are considered unreliable and not admissible.

Even if you are innocent and have never committed any crime, your polygraph test results can come back negative, making it look like you were lying. Innocent people can fail lie detector tests because of their physiological responses to the test questions. In some cases, just being nervous can cause you to fail the test, even if you are telling the truth.

Lie detector tests can be inaccurate. Some states do not allow polygraph tests to be used as evidence in criminal cases. However, other states allow lie detector results to be used as evidence in certain situations. Some sex offender programs may request an individual in their program to take a polygraph test as part of their treatment programming. It is important to consult with a criminal defense attorney in your area before submitting to any test.

Can I Refuse a Polygraph Test?

The police cannot force you to take a polygraph test. You have a constitutional right to remain silent, and forcing you to take a polygraph may violate your right against self-incrimination. Law enforcement may try and convince you to take a lie detector test. They may even make it seem like failing to take it will make you look guilty. Talk to your criminal defense lawyer before agreeing to a lie detector test.

There are some situations where individuals may be required to take a polygraph. Some sex offenders have a polygraph test as a condition of supervision. Sex offenders on supervised release may have several restrictions.

If you want to know about how a polygraph can be used in a criminal investigation for sex crime cases, talk to your sex crimes attorney for advice. If you’ve been accused of a sex crime, your lawyer can help you decide when you should and when you should definitely not take a polygraph test.