What Usually Happens After a Polygraph

[misterman88]

My question involves police conduct in the State of: VA
I posted on her.e a little while ago bout an ex gf of mine claiming that I raped her. She actually went to the police, and I was questioned by a detective. I was asked to come down and take a polygraph, I denied everything when asked so the detective requested the polygraph test. I haven't come down and am not sure of what to do. If I take the test and pass will they leave me alone? If it comes back deceptive, will they continue to pursue me? I told the detective that my ex was a liar and that I could show proof. What should I do?

[jk]

you need to speak with a lawyer before going one step further.

[misterman88]

If a lawyer tells me that I should take the test, I'm doomed. I know I wouldn't be able to pass it because things will be twisted in a way that I would be destined to fail. I just wonder if I can deline to take a test ow, I suppose I should find a lawyer. It's just crazy how some irl can go around saying things causing my life to get turned upside down, and for what?

[Mr. Knowitall]

If you know you're going to fail a polygraph, there's no point in taking one. So there you go.

[misterman88]

Who would pass one any way? I just don't want to decline and get hounded, so I wanted to know what usually happens when a person says no to the test.

[Mr. Knowitall]

The investigation continues without the test, and without the confession the police hope to elicit with the test.

[PTPD22]

Who would pass one any way?

Lots of people pass polygraphs all the time. Polygraphs are not accurate enough to be admissible as evidence in court, but they err both ways...meaning they show both false positives and false negatives. I have taken about a dozen polygraphs in my life (for background investigations for employment). I have never lied on one (except when told to lie to establish a baseline) but a couple of times the test has indicated deception anyway. My personal opinion is that a lot depends on the individual polygrapher and the environment under which the test is held.

I just don't want to decline and get hounded, so I wanted to know what usually happens when a person says no to the test.

So, you don't want to take the test because you are afraid it will show deception and you will be "hounded" by a continuing investigation...but, you are afraid that, if you refuse, you will be "hounded" by a continuing investigation? I have to say that your certainty that you are "doomed" if you take the poly causes me some significant suspicion that you are less afraid that "things will be twisted" to cause a false reading of deception than you simply know that you have at least some culpability regarding the accusation against you...just my take on the demeanor that I get from your posts.

But, to answer your question, whether you take the poly or not, the investigation will continue. Rape is a very difficult charge to investigate and prosecute. Especially when the victim has a prior sexual relationship with the accused. On the other hand, rape is a very serious, heinous crime and the police want to bring any actual rapist to justice and are going to investigate to the best of their ability. So, regardless of whether you take the poly or not, the police are going to keep digging until they either find enough evidence to arrest you, until they decide that they have fruitlessly pursued every avenue and are not going to be able to make a case, or until the evidence shows that your ex is falsely accusing you.

My first thought is, if you are truly 100% innocent and have done nothing improper, what have you got to lose? If you "pass" the poly, it may well go a long way to convince the investigators that you have been falsely accused. If you "fail" the poly, it can't be used as evidence against you in court. So, the investigation will continue...just like it will if you refuse. My advice would be to consult with an attorney (regardless of your choice regarding the poly!), be 100% honest and upfront with the attorney about anything improper you may have done, and follow the attorney's advice.

[misterman88]

She has come up with some crazy story that all the sex between the two of us was forced, that she never wanted it, that I am some abusive guy that just hurt her. I remember once we had sex which she initated, and she's twisted that story into me knowingly taking advantage of her, and it's not true because she was begging me to do it. She claims she was too out of it to consent and wanted me to stop, but then why would she continue a relationship with me? Why wouldn't she just report that right away? With that incident there were drugs taken on her part, and I did apologize for my actions, but it wasn't rape. Now, I'm looking for a lawyer, meanwhile my life is getting turned upside down. Why didn't they give her a polygraph too, her story doesn't make sense. . If a girl is "raped" by someone why continue a relationship where she claims she was raped three more times and a bunch of other crazy stuff? Either way I'm doomed because I would fail, I feel guilty about the incident she talked about before but that was not rape, and the police are going to keep coming at me.

[jk]

My personal opinion is that a lot depends on the individual polygrapher and the environment under which the test is held.

that is the crux of the matter. Both exactly what questions are asked are determined by the administrator of the test as well as interpreting the results of those questions. Exactly how the question was worded can result in an incorrect or ambiguous result. Then it becomes the interpretation of the administrator to provide a determination of truthfulness or deception (it isn't actually considered to be a lie but merely; deceptive).

that makes the test results so subjective they are not reliable enough to be used in a court.

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Either way I'm doomed because I would fail, I feel guilty about the incident she talked about before but that was not rape, and the police are going to keep coming at me.

feeling guilty about the incident does not result in condemnation of you through the test. I still would refuse to take the test until engaging a lawyer to protect you.

[Mr. Knowitall]

Lots of people pass polygraphs all the time. Polygraphs are not accurate enough to be admissible as evidence in court, but they err both ways...meaning they show both false positives and false negatives.

True, but they show a lot more false positives than false negatives even in blind reviews of the output, and that appears to increase substantially when the polygraph examiner is a police officer who has reviewed the results and evidence.

My first thought is, if you are truly 100% innocent and have done nothing improper, what have you got to lose?

There are different ways to administer a polygraph. One type of test, performed properly, has a pretty good chance of identifying guilty knowledge. Let's say that the a criminal is known to have worn a blue ski mask and that information is not known to the public. A suspect can be asked, "Were you wearing a red ski mask", "Were you wearing a purple ski mask," "Were you wearing a blue ski mask," etc., while instructed to answer "no" to each question. If they spike on "blue" that's indicative that they know what color the ski mask was.

In most cases, though, the polygraph officer reads the investigative reports, formulates a series of questions based upon that narrative, and is seeking to corroborate that narrative. That is, he has a preconception about the case, is attempting to build the case, and will thus engage in questioning, conduct, and evaluations of the result that are meant to build the case. There are cases when a defendant has clearly passed a polygraph, but is still told the test was a failure - and some defendants then confess. A test result that doesn't clearly support a finding is not going to help. A "failure" is going to reinforce the police impression that they have identified the proper suspect.

A number of criminal defense lawyers use their own polygraph examiners - examiners with a strong law enforcement background whose results will be respected by the local police - but only turn over the results if they're exculpatory. That way they don't risk harming their client.

feeling guilty about the incident does not result in condemnation of you through the test. I still would refuse to take the test until engaging a lawyer to protect you.

People who are anxious can have very clear test results, as they tend to show clear spikes in their responses. It's the sociopaths who are likely to "fool" the test because, ahving no conscience about lying, they don't spike.