Utah Rep. Angela Romero has introduced HB17 to the 2025 Utah legislative session. This bill intends to limit the use of polygraph tests on victims of sexual offenses in Utah.

The controversy surrounding the use of polygraph tests in sexual assault cases has existed for some time. When victims report their crimes to the proper authorities, police agencies have the right to use lie detectors to determine the validity of their stories. Based on the test results, police can decide whether to pursue or drop the investigation. 

The problem lies in the fact that polygraph tests are wildly unreliable. They deepen the divide of trust between victims and officers because of their unpredictable nature. In doing so, polygraph tests threaten the integrity of truth within investigations. 

This bill will protect both the integrity of investigations and the well-being of sexual assault victims. Utahns must pressure their representatives to vote in favor of HB17. 

Widening Gap of Trust

According to the National Sexual Violence Resource Center, 63% of sexual assault cases are not reported, making it one of the most underreported crimes. Justifications for not reporting sexual crimes vary from case to case. Some victims believe the assault was not serious enough. Others fear retaliation. Female victims who do go to the police often report feelings of being dismissed or invalidated.

Polygraph tests are of no help to this phenomenon. Distorted results from lie detectors create a basis for further suspicion from police. When police believe an individual is challenging their authority by lying, officers often come off as dismissive or antagonizing.

Lie detector tests worsen the lack of trust between victims and officers, ultimately becoming a factor in why sexual assault cases are underreported. Removing the polygraph would give the police less basis to doubt victims. In doing so, victims will be more likely to come forward. 

Affecting Evidence

Stress can impair memory and information retrieval. Polygraphs in themselves are highly stress-inducing. This stress can result in a lapse in memory from the subject.

This memory struggle leads to misnaming locations or difficulty creating accurate descriptions. Factors like these are crucial for effectively taking legal action on an assailant.

Stress can even create fake memories. In some cases, as a trauma response, the victim’s memory can downplay the severity of their assault. 

Polygraphs create a stressful environment for their subjects, undermining the reliability of truth in investigations. This defeats their initial purpose.

To maintain truth, investigations of victims must take place in a low-stress environment. This requires eliminating polygraph tests. 

Through HB17, victims will be protected against the stressful administration of polygraphs. In turn, this protects the validity of the evidence. 

Unreliability of Polygraphs

Polygraphs detect lies by measuring physiological responses such as heart rate, blood pressure, respiration and perspiration. In theory, these responses fluctuate to signal the polygraph interpreter when someone is lying.

These physiological responses also tend to fluctuate under stress. When flight or flight is triggered, blood pressure elevates, rapid breathing occurs and perspiration increases. These are all fluctuations that could indicate a lie on a polygraph test when the suspect is simply experiencing stress.

Being interrogated by the police is stress-inducing in itself. That, in addition to recounting the story of one’s assault, is likely to trigger a stress response that reads as a lie.

With these factors in mind, Utah prohibits the use of polygraph tests in court. All evidence gathered from them is considered inadmissible. 

Yet, they’re still allowed to be administered to victims of sexual assault to test the validity of victims’ stories.

The logic here is inconsistent. If polygraphs are unreliable in the court, they must be deemed unreliable in all aspects of the investigation. Holding strict standards throughout the entirety of potential cases protects the integrity of our legal system.

A Crucial Step for Victim Protection

If passed, HB17 will hold our justice system to these strict standards and protect sexual assault victims from this legal inconsistency.

To effectively combat the underreporting of sexual crimes, these issues must be addressed head-on. A clearer definition of consent, education on when reporting is essential and increased resources for victims are just the beginning.

Utah’s legislative session is just over a month, and there isn’t enough time to overhaul the entire system. When a bill advocating for victims appears on the ballot, Utahns’ outcry of support must be heard.

HB17 will protect assault victims from further trauma and preserve the integrity of our justice system.

Utahns must pressure their representatives to vote for HB17. Victims cannot wait another year for legislation that will protect them. The time is now.

chansen@dailyutahchronicle.com

@CharlotteH97333