What will happen when my husband takes tests? 7 Answers as of June 05, 2012

My husband is a registered sex offender. He has been ordered to attend counseling by his probation officer. The therapist in charge of his counseling sessions has ordered him to take one of 3 tests. The tests are Polygraph, ABEL, and Penile Plethysmograph (PPG). We do not know what it means when one has to take these tests. Or what affect they will have upon his probation if they say he has "failed" these tests. He is under terms in his probation that his probation will be lifted after 4 years as long as he is within the terms set.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
These tests measure sexual response to various stimuli. As long as he has not broken the law while on probation it is difficult to understand why he is being given these tests as conditions of probation even if they reveal that he has "abnormal" sexual urges. Perhaps they are deciding whether to terminate his probation earlier if he does not.
Answer Applies to: California
Replied: 6/5/2012
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
While probationers generally are ordered "to cooperate with the probation department in a plan for counseling...", the treatment must be rationally related to the underlying offense. These particular tests appear to be somewhat "investigative", which would not be related to "rehabilitation." I would be concerned. I recommend hiring an attorney to contact probation to determine the purpose for investigative tests. A polygraph is not admissible in court for a probation violation, so for what purpose is a therapist using the answers? the ABEL and plethysmograph are generally used to determine whether a person has proclivities to inappropriate sexual behaviors, and are typically used by sex therapists.
Answer Applies to: California
Replied: 2/9/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your husband should not take any tests without understanding what the tests measure, how reliable the results are, how the tests are conducted and who administers the test. This information should be available in a talk with the therapist ordering the tests. Additionally your husband should find out from his probation officer how the results of the test affect his probation status. As at least one of the tests you mentioned is not considered reliable to be submitted in a trial, you should consult with an attorney before doing the tests.
Answer Applies to: California
Replied: 2/9/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
I don't know what the ABEL is. The polygraph is straight forward. The PPG is where they show him pictures of naked young boys (or whatever his predeliction was) to see if he gets aroused. Should he fail the probation officer might just go to the judge and tell him this guy is still thinking about little boys or little girls or whatever and for sure they judge will put a much tighter rein on him - like making him wear an electronic bracelet, house arrest, etc. Not a pretty picture.
Answer Applies to: California
Replied: 2/9/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
A ppolygraph is a "lie detector". They are not acceptab;e as evidence unless one agrees they can be used. The penile Plethysmograph is a device attached to your husband's penis while he is shown some stimulating material. I do not know what an Abel is. He should consult with his attorney about the use of these tests.
Answer Applies to: California
Replied: 2/9/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    I can only address the polygraph. These tests are not admissible in court. Also, they are testimonial. In other words, verbal responses. The Fifth Amendment protects people from saying things that might hurt their case. He does not have to make statements and that includes the polygraph.
    Answer Applies to: California
    Replied: 2/9/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The game is real simple. Either you do what the PO says or you get violated and potentially go back in custody.
    Answer Applies to: California
    Replied: 2/9/2012
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