SATI e-News:  February 4, 2005

Kentucky Law Limits Polygraphing Victims of Sex Crimes

Kentucky law has recently been amended to establish limits for polygraph examinations of victims of sex crimes. This regulation was passed as part of updating standards for polygraphists, and applies directly to examiners, not to all law enforcement officials.
 
Drafted by the Kentucky Justice and Public Safety Cabinet, the provisions of the new regulation are consistent with the procedures taught to new polygraph examiners for years. Until now, however, examiners weren’t required to comply with the procedures after certification.
 
Essential Points:

• Polygraph examinations shall not be conducted to verify that a crime has occurred.
   

• This regulation does not forbid polygraphing victims, but imposes several criteria that must be met before any examination is conducted.

  • The victim must be informed that he/she has a right to refuse.

  • The victim’s written consent must be obtained.

  • The victim must be informed that, upon his/her request, an advocate may watch (from another room through a two-way mirror or closed circuit camera.)

  • The victim must be informed that he/she has the right to terminate at any time.
     

• A polygraph examination of a victim cannot be conducted UNLESS:
  1. The suspect has passed, declined, or been found unsuitable for an exam AND
  2. There is a testable dichotomy for polygraph testing AND
  3. Before the examination, the investigating officer provides a written document listing investigative strategies already used and declaring that the victim has not been told that the investigation would cease if the victim refuses to consent. This written statement must not contain any reference to whether the victim is behaving as a ‘typical’ victim or not.
   

• Questions about the victim’s past sexual history are not allowed.
   

• The entire examination must be videotaped, accompanied with audio-recording.