Utah has enacted a law prohibiting police and government officials from requesting polygraph tests from individuals reporting sexual assault. Gov. Spencer Cox signed the legislation during a ceremony at his office, and the law takes effect in May.
The bill was sponsored by state Rep. Angela Romero, the House minority leader, who spent two years and three legislative sessions advocating for the change. The effort was prompted by reporting from The Salt Lake Tribune and ProPublica that detailed how a polygraph test contributed to a man dropping his complaint against therapist Scott Owen, who later admitted to sexually abusing patients.
In 2016, the man reported to Utah's Division of Professional Licensing that Owen had touched him inappropriately during therapy sessions. As part of the investigation, licensors offered polygraph tests to both the patient and Owen. Owen declined; the patient agreed. The test results indicated deception, leading the patient to withdraw his complaint. Owen was allowed to continue practicing for two more years until additional victims came forward. He is now serving a prison sentence.
What the Left Is Saying
Proponents of the bill say polygraph tests are particularly unreliable for sexual assault victims because the trauma and anxiety of recounting an attack can be misinterpreted as signs of deception. State Rep. Angela Romero, the bill's sponsor, said the legislation was driven by the specific individual who was not believed after failing a polygraph test.
"For me, it was really specifically for that one individual who was not believed," Romero said in an interview, "and then their perpetrator went on to harm other people."
Romero argued that authorities have alternative interview techniques available to assess the credibility of allegations without using polygraph tests, which she noted can revictimize survivors and discourage them from pursuing criminal cases.
What the Right Is Saying
Some defense attorneys and legislators opposed the bill, arguing that polygraph tests remain a valuable tool in cases where there are no other witnesses. Steve Burton, representing the Utah Defense Association, testified during a legislative hearing that polygraph results are useful for prosecutors and investigators deciding whether to pursue criminal charges, even though the results are inadmissible in court.
"This is often one of the only things that a defense attorney can ask for or use in order to try to show that their client may be telling the truth," Burton said.
Despite this opposition, the bill received support from both prosecutors and police departments throughout Romero's three sessions of proposing the legislation.
What the Numbers Show
According to tracking by advocacy groups, approximately half of U.S. states have laws that explicitly prohibit law enforcement from conducting polygraph tests with individuals reporting sexual assault. Some states extend this prohibition beyond law enforcement to bar a broader group of government employees from requiring polygraph tests for alleged assault victims.
Polygraph test results are not admissible in court in most jurisdictions due to reliability concerns. The American Psychological Association has long expressed skepticism about the scientific validity of polygraph examinations, particularly in high-stakes investigations involving trauma victims.
The case that prompted Utah's legislation involved one initial complainant. Following the Tribune and ProPublica investigation, Provo police opened an investigation in 2023 that uncovered additional allegations from three other former patients.
The Bottom Line
Utah's new law brings the state in line with roughly half of U.S. states that restrict polygraph use in sexual assault cases. The legislation represents the culmination of a two-year advocacy effort tied to a specific case in which a victim's complaint was dropped after polygraph results suggested deception, allowing the alleged perpetrator to continue practicing for two additional years before facing criminal consequences. Governor Cox praised Rep. Romero's work, saying she 'has been such a champion, and made a difference and saved lives.' The law takes effect in May, giving agencies time to adjust investigative procedures.