crimson wrote on Feb 11
th, 2002 at 11:59am:
Can't someone that has been convicted of a sex crime and has to take the polygraph tests plead the 5th without worrying about getting kicked out of the program?
At first blush one would think so. Unfortunately for your son, he does not enjoy the same rights as the average citizen. The fact that he is on probation puts him in a sort of limbo between the
legal definition of a citizen and the legal definition of an imprisoned convict.
The special conditions of his probation, along with the almost god-like power his PO has over him, results in no clear definition of rights that he may assert. There is certainly no 'bright line' over which his PO may not tread (within reason, of course.) For example, his PO could not suddenly decide that you must place a huge sign on your front yard that reads 'sex offender lives here' or otherwise punitive, malicious order. Think of his PO as the hammer, the enforcer of the court's order. They are totally humourless, tin gods, and overwhelmingly callous when it comes to respecting the rights of their probationees. They are extremely disinclined to be swayed on any matter of importance with regard to post conviction treatment, polygraphs included.
Quote:My son's settlement with the court required him to perform 2 years probation and "complete the SOTP program" (sex offender treatment program) there is no special mention about polygraph or anything else on those lines until he met his probation officer (who is a SOTP officer as well). We were shocked to learn from his probation officer about this. Having had a bad experience with a polygraph myself I do not want my son to have to go through this if possible.
Are you saying he's a liscensed sex offender treatment provider? Would he be the one providing 'therapy' to your son? If so, how much is he charging?
Quote:He asked his probation officer if there was anything that could happen to him legally about what would come out of the polygraph and the probation officer didn't answer this question. Which im assuming means Yes.
Not necessarily. The fact that he did not answer could also mean that there are no legal repurcussions, but he is trying to uphold the fear factor that there
are repurcussions so that the trepidation over taking the polygraph will be greater.
Quote:Isn't that a form of entrapment?? Does anyone know if the Iowa SOTP program has the clause stating they have to "pass" these tests to either pass or stay in the program?
Read
this link carefully. Since I don't know the particulars of your son's conviction I can't comment on whether or not he must pass, but I suspect a passed polygraph is part of the 'graduation' process.
Quote:I am trying my hardest to get my son out of this without having to use counter-measures. While I agree counter-measures are useful and should be used. I really don't want my son to have to "use" this type of approach.
He must. It's the only way to be certain. If your son is a minor I would explore your legal rights to be with him during these meetings, as well as your rights to seek alternative counseling from private practitioners. Keep us posted,
BT