Sunday, March 17, 2013

NC - Failed Polygraph Exam

The following was sent to us via the contact form and posted with the users permission. The name has been abbreviated for their own protection.

By TH:
I have a question regarding my husband, who is a registered sex offender, in NC. He was convicted of possession of child pornography in 2005, and was released from federal prison in 2012. he had previously failed one polygraph exam due to being extremely nervous. He has since failed a second exam, on the question of being sexual with anyone under the age of 18. During the pre exam questions, he was asked if there was ANYTHING that could be even REMOTELY considered sexual. His response was that he tickled his twin 12 year old daughters on the stomach, and then tickled his older daughter. My husband failed the polygraph exam when the 3rd time he answered NO to that question was more force full that the first 2. The polygraph examiner went ballistic on my husband, telling him he was going to do his best to either send my husband back to prison, or take his girls away! And now my husband is supposed to go in front of a judge, with a good chance of going back to prison for something HE DIDN'T DO!

N. Carolina Dept of Social Svc did an investigation, along with the sheriff dept, an they found no evidence of a crime being committed.

Any help or advice that anyone has on this issue would be appreciated, as we are trying to put our family back together again. My husband's biggest fears are not being able to see his daughters, and having to go back to prison.

Thank You so much for anything you might be able to contribute.


5 comments :

BillBarney said...

Polygraphs are very unreliable especially with highly emotionally charged subjects like child molestation. The wording of the question is everything. For Example the question: Have you every been sexual with any one under the age of 18? If the respondent had ever had any fantasies in his mind with any child either real or immagined, especially repeditively, he will think of those fantasies while answereing the question and the lie detector test will register a false positive even though the answere no is true. Keep this in mind and share this with your husband. Then higher a really good attourney. One that specailizes in felony defense.

SOIssues said...

The question "Have you every been sexual with any one under the age of 18?" is generalized as well.

What if the person, when they were under 18, had sex or experimented with another person their age?

It is misleading, to a degree. Many people have had sexual encounters when they were kids, so the question is misleading.

It should be worded as "Have you every been sexual with any one under the age of 18 while you were over 18?" to be more specific.

NJ45143112 said...

In my experience, the questions are always generalized because they want you nervous. The more nervous you are, the more likely you are to respond to sensitive questions. It doesn't matter if you are being truthful, the response gives them something to hold over you!

The courts don't seem to care much for polygraphs but probation seems to think that the machines are mind readers. It's of little consequence that your ability to regain your life or that of your friends and family will be hampered. They CHOOSE to believe that bulls**t tests like this and the Abel assessment are reality. I dare say that none of the proponents of polygraph tests have been imprisoned, scorned, lost their lives and futures, been threatened and live under constant threat of "authority." Then, to be placed in a small room with a machine hooked up to you where you can't move or even breath normally and be expected to NOT be nervous?!! If these tests were administered prior to incarceration, they would likely show a great deal more truth! But, as we should all know, it's not about truth, it's about power!

It's also about control...

My heart goes out to you as well as your husband. My only suggestion here is that you not worry too much. At most, he may see some restrictions placed on him such as an ankle bracelet (if he doesn't already have one) and less free time. They may even place him in a halfway house for a time. However, prison is a major step and without any concrete proof, it is doubtful that he will be sent back...

If he has the chance to take the test again, try this: question everything. They may suggest he's trying to subvert or manipulate the test but they are manipulating him so fair is fair. Rule number one: never take anything at face value. If you don't understand or feel confused, clarify everything! He has that right!

Mark said...

You failed to mention if your husband is on some sort of supervision. These supervision personnel use these machines under "ADMINISTRATIVE" purposes and your husband may have a difficult time getting a court order NOT to have the polygraph administered. Go to a good defense attorney for advice but surely he cannot be convicted solely upon the failure of a polygraph because ALL courts do not admit polygraphs as admissible evidence under the gatekeeper laws of evidence. This is why the cops and DSS came a knocking on your door! I fault your husband too for not being direct with these morons who administer polygraphs He "tickled" and he thought it was sexual and blew it. That is the fault of him for allowing himself to get trapped by these crafty polygraph examiners. I have called it the "HIGH TECH INQUISITIONS."

blah said...

Um, he already got caught with child pornography. And now he's failing polygraphs.....hmmm and u still believe him? Why do u stay tied to him? I say get the girls to take a polygraph.