Advocates celebrate Utah's ban on polygraph tests for sexual assault survivors

SALT LAKE CITY — Several dozen survivors of sexual assault and advocates celebrated new Utah laws they say will make a difference, including one banning law enforcement and prosecutors from asking survivors to take a polygraph examination.

Advocates say subjecting survivors to polygraph tests can further traumatize them, and the Democratic lawmaker behind the law said she was motivated by hearing the story of a Utah man who accused his counselor of touching him inappropriately. The man, identified only by the pseudonym Andrew, decided to sit for a polygraph, only to have the results say he was lying, said House Minority Leader Angela Romero, D-Salt Lake City.

"That polygraph test came back as he could be being deceitful. It devastated him," Romero told a group of several dozen survivors and advocates at the Capitol Wednesday. "It broke his heart, because he felt like he wasn't being believed."

Polygraph tests are not considered to be reliable in forensic, legal or employment settings, according to the American Psychological Association, which said the rate at which they incorrectly label a truth as a lie is unknown.

Romero has tried to run some version of the polygraph bill for several years in a row before finally getting it across the finish line. It was signed by the governor last week and will take effect May 6.

"I think what really motivated me to continue working on that bill was Andrew," the minority leader said. "He reached out to me and shared his story, and it really touched me, and I knew that I couldn't let him down."

Romero spoke at an annual event to kick off Sexual Assault Awareness and Prevention Month, as she and others urged Utahns to sign a statewide pledge to believe people who report being sexually assaulted.

While many survivors don't report being assaulted to law enforcement, Dr. Julie Valentine, who leads the Start by Believing campaign in Utah, said progress has been made. In 2008, only about 12% of survivors formally reported the abuse they endured. Now, that number is just over 25%.

Former Gov. Gary Herbert officially designated Utah as a "Start by Believing" state in 2015.

"Eleven years ago, Utah made a commitment to change the way we respond when someone finds the courage to share that they have experienced violence or abuse — a commitment to listen, a commitment to respond with compassion and a commitment to believe," Valentine said. "Today, we are here to honor that commitment and to strengthen it."

She said many victims seek help from family members or friends, even if they don't ultimately come forward to law enforcement. By changing the culture of how regular people respond to reports, Start by Believing aims to increase the likelihood of formal reporting and seeking professional care.

"There were some, when we first introduced Start by Believing, that felt that, 'Well, there's a lot of false reports in sexual assault, and we're going to encourage all this false reporting," Valentine said. "We have research that shows that false reporting of rape is the same as other crimes. It's about 2-8%, no more. ... So, in dispelling that false myth, that was a hurdle to overcome."

Valentine and Romero praised additional funds the Legislature appropriated for the sexual assault helpline operated by the Utah Coalition Against Sexual Assault but say there is still more work to be done.

HB459 would have ended mandatory reporting of rape and sexual assault when a victim seeks health care, something Valentine said sometimes prevents some survivors from coming forward to get help.

The bill was introduced but never considered.

Romero would also like to establish an affirmative consent law in Utah, which would require partners to explicitly agree to engage in sexual acts. It would flip the common standards of "no means no" and replace it with a standard of "yes means yes."

She has run similar legislation to do just that in previous years but said she still gets "a lot of resistance."

"The next step is consent," Romero said. "I just don't know if we're ready as a state or as a country to have those conversations."

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