(Should also mention that prior to this incident nothing with anyone under 18 has happened in 8 years. Not that that fixes anything but this isn't a chronic or constant thing)

Sorry. The whole Polly thing is outrageous. Who cares about how many girls he was with previously, he isn't with any of them now and he isn't doing anything to cause anyone underage harm. It's them who takes things and twist them into something more than what it is. Who cares if he had 3 or 4 girlfriends he slept with when they both were under age. They should ask how many girls underage has
He been with since his conviction.
He cant change his past, but he can change the present and future.

From what I have seen when SO's fail a poly: 1st fail, SO pays for a retest. 2nd fail PO will put more restrictive conditions. 3rd fail might get SO thrown out of therapy, which puts him/her in violation since therapy is usually mandatory.
In my personal experience, I know that I was told that I passed with flying colors, when I knew I lied on every question and I was told that I failed when I knew I was being 100% truthful. Remember they are polys, not to be confused with lie detectors, since they do not detect lies.

I don't know if it matters but it's not group therapy or anything like that. And the court didn't order it as one of the terms of his probation, his PO just said he needs to still go (which probably makes it mandatory?)

He hasn't even so much looked at another girl or woman since the incident (2012, btw...charged and convicted last year). He was in a REALLY bad place when it happened (and nothing even actually happened!) and before that the last thing was 8 years ago. :-(

We're more worried now that this is going to have some kind of effect on how they rule if he's allowed to see his underage brother (since right now he's not allowed to). I hate this entire thing.

Also to remember... It's a known tactic to tell the person being tested either that they failed or there is something wrong with the test. This an intimidation tactic to get you to talk. Don't fall for it. Just nod your head, say okay and nothing else.

If the court didn't order therapy then your PO can't make you do it unless he petitions the court and makes them change that.
My son's PO tells my son a lot of things he has to do and when we need to we get our attorney to straighten it out.

Yeah hank is right, it usually follows a pattern like that. And Free is dead on when he says to not make any admissions on the poly. It's a trick most of the time.

Polys are not admissible in court, and I don't think they can violate him for failing the Poly. He might get more restrictions or has to attend class twice rather than one (like my fiance), but like FreeToBreathe said, these things do NOT detect lies and are simply there to intimidate. They will tell him a question spiked or was inconclusive, and they want him to admit to something. NEVER admit to anything, as that could violate his probation, but simply failing can't. The Polygraphers themselves know that these machines just measure reactions, but they can't tell if this reaction is due to being nervous or due to actually lying. That is why they can't admit polys into court. Hopefully, all will work out.

@Wanderlustwriter: First of all, take a deep breath. If this is his first poly, it is probably his "sexual history" polygraph. These generally take longer and are more in depth than "maintenance" polygraphs. Assuming that this was his sexual history polygraph, there is generally a bunch of paperwork where the SO has to describe all of his victims. If your guy recalled one victim during the polygraph that wasn't written down, it would probably show up as increased heart rate and breathing issues on the polygraph.

Does this mean he lied? No. Does it mean that his body gave out signs that something was wrong? Possibly. That is how a polygrapher determines if the subject is lying. The polygraph is the pre-test period (which can include monitoring the subject through a two-way mirror), the polygraph and the post test period. The post-test period is where you DO NOT make admissions. Your guy has to stay calm and stick to his guns. The polygrapher WILL rattle his cage. That is his job.

Polygraphs do not detect lies. They detect differences in physiological behavior during intense questioning. The polygrapher uses this along with kiniesology (study of human movement), monitoring the facial affect (presentation, mood, general state of mind) of the test subject to make deductions about deception (lying). A polygrapher is an interrogator. Sadly, they use machines to help them, vs most military interrogators do their job without polygraphs. This is an interrogation tool, nothing else. All things being equal, the polygrapher is an interrogator with some additional tools at his disposal. The polygrapher does NOT use the polygraph as the sole measure of the subject being deceptive. The polygrapher's job is to get the subject to admit to lying. This is why one never admits to anything in the post-test phase of the polygraph.

Back to the sexual history - assuming this was the history poly-- he will have to have a retest. Your guy needs to be very thorough about his past and needs to be calm. He should be able to pass. I am sorry he failed the first time. Hank is right, they may kick him out of therapy if he fails the third time (hopefully there will only be a second time).

Your guy cannot be violated for failing the test. However, failing the test and arguing with his therapist (I'm not saying he is arguing) could be written up as "failure to follow conditions of probation" or "resistance to treatment." Both of those can be used in court as grounds for a technical violation. I said "arguing" because your guy's reaction to being challenged about his job (so he can scope out underage girls) can be construed as arguing/resisting treatment/non-cooperation. Some therapists see any form of resistance as non-cooperation. I am speaking from experience, as one therapist I dealt with did just that - and tried to kick me out of therapy.

Please understand, I am not siding with the polygrapher or saying that your guy was lying. I have had my share of polygraphs. I know what they are. This situation is tough on your guy and tough on you. I am sorry.

It was just his sexual history. I don't know if he said anything about remembering another girl or not afterwards but he may have said something yesterday to the therapist. I don't think he acted out or anything during his appointment (he knows better, because he knows this is something he has to do to make it through).

Ugh. Hate this. So much. :-(

@Wanderlustwriter: I understand that you hate this. Sorry. It's harder to experience. Maybe I misunderstood you - which is pretty normal for me. What you posted about saying to the therapist - that post polygraph therapy session is never fun. If one fails, one gets grilled. If your guy does one-on-one, he gets all of the attention from the therapist. Group therapy is harder in that the other people pile up on you.

I've passed and have had my therapist accuse me of lying on the polygraph. I just said, "I passed, there is nothing more to say." Your guy may not have acted out at all. Not saying he did. My experience with one therapist was less than fun, as she and I dd not get along, and even if I did everything right, she made my life difficult. She even accused me of playing my probation officer against her.

So, yes, it does suck. How long does he have on probation/parole?

Probation til next summer, registry til 2017 then it's all gone. He got off really easy/good (we got a damned good lawyer). But I can't help but feel like they're trying to make this harder for us because of that.

Just survive! The end is in sight! Have your guy kiss the ring as much as possible to get through this time! If he doesn't mess up he is home free!!! He needs to hear that from you over and over. That he just needs to get through it so he can be done with it.

Independent is right. Kissing the ring to get through this is a necessity, as well as supporting your guy. The end is in sight. Are they trying to make this harder? I would not be surprised if they did.

@mtbfan Failing a polygraph can absolutely get you violated. Thats what happened to me. Having truthful polygraphs is a requirement of the counseling. The therapist can discharge you from counseling and that will violate you instantly. I agree its not the actual failing of the polygraph that violates you, but it is the fact that you get kicked out of treatment. So in a round-about way they have found a way to make the polygraph a way to violate you. I never admitted anything from the failed polygraph and i still got kicked out of treatment and in turn sent to prison.