Sex Offenses

Testing Individuals Seeking to Have Their Duty to Register as a Sex Offender Lifted.

It is not uncommon for individuals who have been ordered to register as a sex offender at sentencing to petition the court to have this order lifted a number of years after they have successfully completed treatment, and are no longer being monitored by some supervising agency.  Typically the defense attorney will seek a recommendation from the CSOTP (Certified Sex Offender Treatment Provider) with whom the client successfully completed treatment.  If the CSOTP finds no reason to not support the client’s petition after evaluating the client via clinical interviews, the CSOTP may refer the client for polygraph testing.  

In Mr. Podoll’s view, polygraph testing for the individual seeking to have his/her duty to register lifted could be done in several ways depending on what issue or issues need to be targeted.  While it is possible to do a modified disclosure over sexual history exam with the behaviors identified in Phase I and Phase II tested (see section on “Undisclosed Victims Testing – A Historical View”), the fee for this kind of exam is $500.  This modified examination would differ from the traditional disclosure over sexual history exam by using a different time frame.  The modified exam would use a time extending from the time treatment was completed until the date of the test appointment rather than the client’s entire lifetime.   A detailed description of the process Mr. Podoll uses is available upon request. 

If this more costly and exhaustive examination process is not wanted, Mr. Podoll will conduct what is essentially only Phase I of the traditional full disclosure test over sexual history examination. In other words, the issue targeted would be whether or not the client has been involved in undisclosed illegal sexual contact with another individual without their consent since treatment was completed.  This would include underage persons (unable to consent per laws relating to the minimum age different between people engaged in sexual activity); sexual contact with age appropriate unimpaired individuals without their prior verbal consent); sexual contact with age appropriate individuals who are unable to consent as a result of the ingestion of alcohol or other drug, or as a result of being asleep or unconscious; sexual contact with age appropriate individuals who are unable to consent as a result of an illness, injury, or developmental problem that results in that individual functioning at the level of an underage person.  

The following behaviors would not be targeted: communication with a minor for immoral purposes (face-to-face, via the Internet, etc), exhibitionism or indecent exposure, theft of undergarments relating to sexual arousal or stimulation, Voyeurism or sexual peeping activities; use of or trafficking in child pornography; sexual contact with animals; prostitution; stalking, sexual harassment.

The cost of this more limited examination is $300.