lie detector tests for rape accusers are banned 1996
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7/28/2019 Lie Detector Tests for Rape Accusers Are Banned 1996
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Lie-Detector Tests Are Banned on Victims Alleging Rape
By RAYMOND HERNANDEZPublished: March 06, 1996
Gov. George E. Pataki signed legislation today that prohibits law enforcement officials from
subjecting people who file rape complaints to polygraph tests.
The measure won approval in both the Senate and the Assembly last month after years of
lobbying by victims' rights advocates, who argued that polygraph, or lie-detector, tests subject
rape victims to unwarranted shock and humiliation.
In signing the bill, the Governor said the previous law did not adequately protect victims
because it merely barred the authorities from requiring a polygraph test before they wouldinvestigate allegations of rape.
"Survivors of sexual assault should not be victimized a second time with frequent and grossly
insensitive requests to take a polygraph test," Governor Pataki said during a signing ceremony in
his Manhattan office at the World Trade Center. "This bill takes a long overdue step forward in
protecting the rights of sexual assault victims."
Experts say that law enforcement officials rarely use polygraph tests in rape cases, partly
because they usually have enough physical evidence to substantiate a victim's claim of rape.
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7/28/2019 Lie Detector Tests for Rape Accusers Are Banned 1996
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But victims' rights advocates have long argued that the potential of being subjected to a
polygraph test discourages victims from reporting that they were raped.
"Passage of the new polygraph law is one important step toward creating a new climate of
respectful treatment for victims of sexual violence," said Maud Easter, the executive director of
the New York State Coalition Against Sexual Assault. "Polygraph tests have symbolized the
climate in which victims do not come forward because they do not expect to be believed."
Mr. Pataki said polygraph tests were particularly unreliable in rape cases because of the
emotional turmoil victims experience.
"As empirical studies show," he said, "the emotional responses manifested by victims of sexual
assault as they relive harrowing attacks during polygraph tests commonly result in false
conclusions that they are lying."
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