Detecting Deceptive Responses in Sex Offenders

Detecting Deceptive Responses in Sex Offenders: A Comparison of Layered Voice Analysis (LVA) and the Polygraph J.
Michael Adler, Ph.D.
Introduction The polygraph has become a popular tool in sex offender treatment and supervision planning. Most researchers and clinicians working in the field of sex offender assessment, treatment, and management recognize the poor credibility of offender self-report (Baker, Skolnick, Doucette, Levitt, & OConnor, 2005; Maletzky, 1990; Salter, 1988; Scott, 1997; Steen, 2002). Collateral information, although more reliable than self-report, is often incomplete and void of important information concerning the offenders sexual acting out. Even official records do not accurately report the offenders history of sexual offending. As a result, the polygraph has become an increasingly popular tool in attempting to fill in deficits in the offenders history, frequency, and scope of their sexual acting out (Abel & Harlowe, 1987; Ahlmeyer & Heil, Mckee, & English, 2000; Blasingame, 1998; Brake & Shannon, 1997; English & Heil, 2006; Freeman-Longo & Walls, 1986; Jenson & Jewell, 1988; McGrath, Cumming, Hoke, & BonnMiller, 2007). The use of the polygraph as a clinical tool in the treatment and supervision of sexual offenders has been described in the literature. There are three primary types of polygraph examinations used in sex offender treatment programs. During assessment or early in treatment, Full Disclosure examinations are used in validating offender self-report regarding sexual deviant history. A second type of polygraph is used to monitor offender behavior during the course of treatment and supervision. Maintenance examinations are given periodically, typically every six months to verify the offenders compliance with treatment and supervision guidelines in an effort to increase community safety. The third type of polygraph examination is a Specific or Instant Offense examination. An instant offense examination (specific issue test) is given when an offender is in denial regarding their offense of conviction or a specific behavior for which he/she is denying (Abrams, 1989; Abrams 1992; Baker, et.al., 2005; Blasingame, 1998; Carnes 1995). Recently layered voice analysis (LVA) has been introduced as an alternative method of truth verification. Although LVA is currently being used in several capacities, there has been little independent research on the ability of LVA as a reliable and valid method of truth verification. To date there has been no independent research on LVA as a reliable and valid method of truth verification in the field of sexual offender assessment and treatment. Therefore, the present study was directed toward investigating the effectiveness of LVA in comparison to the polygraph in detecting deceptive responses from adult and adolescent sex offenders.
Detecting Deceptive Responses in Sex Offenders: A Comparison of Layered Voice Analysis (LVA) and the Polygraph
The polygraph is presently considered the best tool available for detecting deceptive responses from sexual offenders. The validity of the polygraph has been studied extensively. Forensic Research, Inc. reviewed 80 research projects published since 1980 involving over 6,380 polygraph examinations for the purpose of assessing the validity and reliability of the polygraph. Based on this review, polygraph tests on average were 98% accurate (Forensic Research Inc., 1997). The use of the polygraph as a method to enhance assessment, treatment, and community safety with convicted sex offenders has been well documented (Abel & Harlowe, 1987; Abrams, 1989; Abrams, 1991; Abrams, Hoyt, & Jewell, 1991; Abrams & Ogard, 1986; Freeman-Longo & Walls, 1986; Jenson & Jewell, 1988). It was introduced as a tool in supervising individuals on probation as early as the 1960s. Reports of significant success in reducing aberrant behavior resulted in an expansion of polygraph use to other areas. In 1986, Abrams and Ogard compared one group of probationers tested periodically using the polygraph with another group of probationers not tested with the polygraph. They concluded the use of polygraph testing deterred reoffending. Following the success of the polygraph in supervision, the use of the polygraph expanded into treatment. Clinicians hoping to break down denial, improve assessment of risk, and develop more effective treatment began using the polygraph to evaluate the offenders selfreport. Research looking at the impact polygraph testing had on offender disclosures found significant increases in the number of offenses and victims disclosed (Ahlmeyer, et.al., 2000; Emerick & Dutton, 1993). The polygraph measures physiologic changes associated with the sympathetic nervous system. When the sympathetic nervous system is activated, changes occur in heart rate, respiration, blood pressure, and skin perspiration. The polygraph measures emotional arousal associated with the sympathetic nervous system. During a polygraph examination, the person being tested is connected to sensors which measure respiration (pneumograph), electrodermal changes due to perspiration (galvanic skin response), blood pressure, and heart rate. The polygraph test involves four components. The first involves data collection. Following a review of available information, the examiner conducts a pre-test interview. The experience and ability of the examiner to develop rapport, collect relevant information regarding the subjects present situation, and knowledge of the details of the issue in question are the essential objectives of the pre-test interview. Following the pre-test interview, the relevant questions are developed and reviewed with the subject. Relevant questions focus on the issue in question. In addition to relevant questions, control questions are also developed. Control questions are developed in which it is assumed the subject is lying. Due to the accusatory nature of the polygraph, it is assumed that the person being tested desires to look good. It is assumed that the person then will deny bad behavior. Based on these assumptions, acceptable
control questions are questions that it is highly likely that the person is lying (Abrams, 1992). Based on the analysis, the test findings are reported as no deception indicated, deception indicated, or inconclusive (Williams, 1995). The polygraph provides many benefits to the supervision and treatment of sexual offenders. The use of the polygraph improves the accuracy of information the offender provides the treatment provider. English (1998) reported that in a sample of 83 sex offenders who were polygraphed, 48% had crossed over in age or gender of the victims they offended. Ahlmeyer et. al. (2000) reported prior to polygraph testing offenders self-reported an average of two victims. Following the inclusion of polygraph testing, the average number of victims increased to 165. The use of the polygraph increases the effectiveness of community supervision. Abrams and Ogard (1986) compared two groups of criminal offenders including sex offenses. One group was supervised with the polygraph and one group without the polygraph. Seventy-one percent of the offenders supervised with the polygraph were successful as compared to forty-three percent of the offenders supervised without the polygraph. Arther (1990) described six benefits of the use of polygraph including the reduction of crimes committed. The awareness of a future polygraph has been found to decrease the number of high risk behaviors the offender exhibited in the community. They also found an increase in disclosures to treatment providers and probation officers when utilizing the polygraph (Baker, et. al., 2005; Grubin, Madsen, Parsons, Sosnowski, & Warberg, 2004). Recently new technology focusing on emotion vocal analysis calculated from a series of complex algorithms has been developed to provide the user with a fast, accurate access to truth verification. Layered voice analysis (LVA) uses a series of algorithms to detect and measure different types of stress and then determines whether the stress is caused from a lie, excitement, an exaggeration or cognitive conflict. LVA technology is a wide spectrum frequency based software used in real-time interviews or with pre-recorded material. According to information supplied from the company that developed the technology, LVA detects minute, involuntary changes in the voice which reflect various types of brain activity including emotional activity and information processing states. Using a wide range spectrum analysis to detect inaudible changes in speech waveform, LVA detects anomalies in brain activity and classifies them as stress, excitement, deception, and other emotional states. In clinical terms, changes in cortical perception and interpretation of events manifest as changes in speech waveform. By comparing the changes to a baseline that has been recorded for a given individual, one can make sense of the usual and unusual brain activities as manifested in the voice. Unlike Voice Stress Analysis (VSA or CVSA) which uses micro-tremors that has been theorized to occur in the frequency range of 8 12 Hz, LVA detects micro-changes from normal voice modulations that are not physiological in nature. LVA monitors changes in the whole
range of frequencies and calculates a truthful/emotion free baseline for 129 various proprietary parameters of voice. Variations from these are measured using several different algorithms to produce an interpretable finding (Robbins, 2006). The present study compared the LVAs interpretation of adult and adolescent sex offenders selfreport regarding their sexual offending behavior to the polygraphs interpretation using a double blind research method.
METHOD
Participants Participants in the study were 103 adult (N=80) and adolescent (N=23) sex offenders who were in treatment or referred for a sex offender risk assessment in a community sex offender treatment program. 99 of the participants were Anglo/white (97%), two African American (2%), and one (1%) Hispanic. Eighteen offenders identified to participate in the study were not included due to not completing a polygraph examination. The adult offenders ranged between 18 and 80 years of age, with a mean age of 39.7. The adolescent offenders ranged between 13 and 17 years of age, with a mean age of 14.9. In this sample, 24 of the participants were in treatment and had received an average of 20 months of outpatient sex offender treatment. Three of the adolescents were in treatment and averaged 6 months of sex offender treatment. The outpatient treatment program utilizes a cognitive/behavioral based treatment program. Adult offenders receive two hours of group therapy weekly, one hour of family therapy bi-weekly, and one hour of psycho-educational skills group weekly. Adolescent offenders received 1 hours of group weekly, one hour of family therapy bi-weekly, and one hour of individual therapy weekly. The adult offenders in this study (N=80) included 63 convicted of a hands on sexual offense against a child (79%), ten convicted of child pornography (12%), and seven convicted of statutory rape (9%). Offender categories were determined by their legal conviction. Of the ten child pornographers, all reported hands on sexual contact with children. All of the offenses of the adolescent sexual offenders involved sexual acting out on younger children.
Apparatus Polygraph testing was conducted by one independent examiner who contracts services with the treatment center. The examiner is licensed in the State of Tennessee and is an approved
examiner by the Tennessee Sex Offender Treatment Board. The polygraph equipment utilized in this study was the Axciton Computerized Polygraph System and the Lafayette Instrument LX4000, both using the Johns Hopkins Applied Physics laboratory Polyscore computer scoring algorithm for purposes of score reliability and validity. Polygraph tests consisted of measuring the offenders cardiovascular, respiratory, and galvanic skin resistance using a control question test format. Layered Voice Analysis testing was conducted by one examiner trained by Voice Analysis Technologies to conduct LVA examinations. Given the relatively new technology, no licensure exists. The examiner is an approved treatment provider by the Tennessee Sex Offender Treatment Board. The LVA equipment utilized in this study was a Dell Inspiron 1520 laptop computer and LVA software version 6.50. LVA 6.50 technology is a wide spectrum frequency based software that detects involuntary changes in the voice which reflect varying types of brain activity, including emotional activity and information processing states. The wide range spectrum analysis detects inaudible changes in the speech waveform and classifies them in terms of stress, excitement, and deception. These changes are then compared to a baseline and analyzed using 8,000 mathematical algorithms applied to 129 voice frequencies. The technology developed and patented by Nemesysco of Israel measures voice modulations in time and frequency domain to detect micro-changes from their normal appearance that are not physiological in nature. All LVA examinations were conducted using off-line method for prerecorded material.
Procedure Participants in the study were referred for a polygraph as part of a sex offender risk assessment or completed a maintenance polygraph as part of their normal treatment/supervision requirements. The clinical interview conducted as part of the risk assessment was audio-taped as part of normal protocol. The clinical interviews were conducted by a licensed clinician approved by the Tennessee Sex Offender Treatment Board to complete sex offender evaluations. The clinician was not part of the study. The type of polygraph (full disclosure, maintenance, and/or specific) was determined by the information the clinician wanted to verify. The polygraph examiner in collaboration with the clinician developed relevant questions necessary to verify the truthfulness of the offenders self-report concerning disclosures in three areas; (1) the number of victims and/or offenses (Full disclosure test), (2) offenses that may have occurred since the offenders last exam (Maintenance test), (3) a specific instant offense behavior that the offender was denying (Specific test). Issues related to whether the offender had disclosed all victims/offenses resulted in a Full Disclosure test. Issues associated with whether the offender had sexually re-offended over a period of time resulted in a Maintenance test. Finally, issues
related to a specific incident/behavior resulted in a Specific test. Once the relevant questions were developed, the clinician provided the relevant questions to the LVA examiner as well as the audio-taped clinical interview. The polygraph test and analysis was completed by a separate individual independent and without knowledge of the LVA analysis. The analysis of the polygraph resulted in a finding of (1) deception indicated, (2) no deception indicated, or (3) inconclusive. The LVA analysis was also completed independently and without knowledge of the polygraph analysis. The LVA analysis resulted in a finding of (1) deception/false statement or (2) no deception/truthful. Once the clinician had received both analyses, the results were recorded and provided for comparison.
RESULTS
The criterion for inclusion in the final analysis was completion of both the polygraph and the LVA examination. Eighteen offenders who were initially identified to participate in the study were not included in the comparison because they did not complete a polygraph. Of the 121 identified offenders, 103 offenders completed both the polygraph and the LVA examination (80 adult offenders and 23 adolescent offenders), thus were included in the final analysis. Of the 103 polygraph and LVA examinations conducted, 73 Full Disclosure tests were completed, 24 Maintenance tests were completed, and six Specific tests were completed. Regarding the polygraph analysis, 68 of the polygraph tests were not deceptive (66%), 27 were deceptive (26%), and eight tests were inconclusive (8%). Regarding the LVA analysis, 68 tests were not deceptive (66%) and 35 tests were deceptive (34%). No LVA tests were inconclusive. In order to determine whether the LVA was effective in determining deception with sexual offenders, 103 adult and adolescent sex offenders were tested by both the polygraph and the LVA independently. The test results for each offender were described as deceptive, not deceptive, or inconclusive (polygraph only). The result of the polygraph was then compared to the result of the LVA using a Chi-square. Results of the Chi-Square support the hypothesis that there was no significant difference in the outcome results between the polygraph and the LVA tests. Table I presents the results of the polygraph and LVA tests for the total sample. A one variable Chi-Square test ( = 12.60, p < .0001) determined there were no differences between the findings of the polygraph and LVA examinations
Table I. Results of Polygraph and LVA Tests for total Sample Total Test completed (N= 103) Test Outcome No Deception Deception Indicated Inconclusive Polygraph 68 27 8 LVA 68 35 0
A comparison of the polygraph and LVA results to specific age groups did not demonstrate significant differences. 80 tests were administered to adult offenders. Regarding the polygraph analysis, 55 of the polygraph tests were not deceptive (69%), 21 were deceptive (26%), and four tests were inconclusive (5%). Regarding the LVA analysis, 54 tests were not deceptive (67.5%) and 26 tests were deceptive (32.5%). No LVA tests were inconclusive. Table II presents the results of the Polygraph and LVA tests for the Adult Sample.
Table II. Results of Polygraph and LVA Tests for Adult Sample Total Test completed (N= 80) Test Outcome No Deception Deception Indicated Inconclusive Polygraph 55 21 4 LVA 54 26 0
A comparison of the polygraph and the LVA results to the adolescent age group did not demonstrate significant differences. Twenty-three examinations were administered to adolescent offenders. Regarding the polygraph analysis, thirteen of the polygraph tests were not deceptive (57%), six were deceptive (26%), and four tests were inconclusive (17%). Regarding the LVA analysis, fourteen tests were not deceptive (61%) and nine were deceptive (39%). No LVA tests were inconclusive. Table III presents the results of the polygraph and LVA tests on the Adolescent sample.
Table III. Results of Polygraph and LVA Tests for Adolescent Sample Total Test completed (N= 23) Test Outcome No Deception Deception Indicated Inconclusive Polygraph 13 6 4 LVA 14 9 0
A comparison the polygraph and the LVA results by type of examination did not demonstrate significant differences. 73 examinations were Full Disclosure tests. Regarding the polygraph analysis, 43 of the polygraph tests were not deceptive (59%), 24 tests were deceptive (33%), and six tests were inconclusive (8%). Regarding the LVA analysis, 43 tests were not deceptive (59%) and 30 were deceptive (41%). No LVA tests were inconclusive. Table IV presents the results of the polygraph and LVA tests for Full Disclosure tests.
Table IV. Results of Polygraph and LVA Tests for Full Disclosure Tests Total Test completed (N= 73) Test Outcome No Deception Deception Indicated Inconclusive Polygraph 43 24 6 LVA 43 30 0
24 maintenance tests were administered. Regarding the polygraph analysis, 23 of the polygraph tests were not deceptive (96%) and one test was deceptive (4%). No polygraph tests were inconclusive. Regarding the LVA analysis, 23 tests were not deceptive (96%) and one test was
deceptive (4%). No LVA tests were inconclusive. Table V presents the results of the polygraph and the LVA tests for maintenance tests.
Table V. Results of Polygraph and LVA Tests for Maintenance Tests Total Test completed (N= 24) Test Outcome No Deception Deception Indicated Inconclusive Polygraph 23 1 0 LVA 23 1 0
Six Specific tests were administered. Regarding the polygraph analysis, two of the polygraph tests were not deceptive (33%), two tests were deceptive (33%), and two tests were inconclusive (33%). Regarding the LVA analysis, two tests were not deceptive (33%) and four tests were deceptive (67%). No LVA tests were inconclusive. Table VI presents the results of the polygraph and the LVA tests for specific tests.
Table VI. Results of Polygraph and LVA Tests for Specific Tests Total Test completed (N= 6) Test Outcome No Deception Deception Indicated Inconclusive Polygraph 2 2 2 LVA 2 4 0
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Discussion The purpose of the present study was to evaluate the ability of LVA technology to distinguish the truthfulness (and deception) of sex offender self-report by comparing the results of the LVA test with the results of a polygraph test. The polygraph test is used in the treatment and supervision of sex offenders to verify the truthfulness of self-report. The reliability and validity of the polygraph have been studied extensively in the literature. According to the American Polygraph Association, there have been 80 research projects published since 1980 involving more than 8,000 polygraph examinations resulting in 93.6% to 98% accuracy (Ansley, 1997; Forensic research Inc., 1997). Matte (1996) reported research demonstrating polygraph testing to be reliable more than 90% of the time. The LVA technology reports the ability to determine truthful statements from deceptive statements. They report several field studies demonstrating the validity of the LVA to determine truth from deceptive statements based on known outcomes (Winscher & Witczak, 2006). However, this research was done by V solutions, who were also marketing the technology. In addition, there has been unpublished research regarding the usefulness of the technology as well as clinical testimonials of the LVAs ability to identify truth and deception. To date, there is no known independent research addressing validity and reliability involving LVA technology. Thus, this study attempted to compare the LVA technology directly to the polygraph in a double blind research design. In order to accomplish this, the polygraph examiner and the LVA examiner were independent of each other. Furthermore, neither examiner was aware of or had access to the test results of the other examiner. Once the offender completed both examinations and a final report was submitted, the referring agency then documented the outcome results (no deception indicated, deception indicated, inconclusive) of each exam in the research file. This file was then provided to this author for analysis. The present study revealed no significant differences in the findings determined by the polygraph and the LVA examinations. In addition, there appear to be no significant differences between the polygraph and the LVA when used with adult or adolescents. Also, there were no significant differences in the outcomes between the polygraph and LVA when the analysis controlled for the type of examination (Full Disclosure, Maintenance, Specific). The one significant difference between the two tests involved the eight polygraph tests that were inconclusive. An inconclusive result on a polygraph test is due to inadequate physiological data or physiological data which is insufficient or does not meet a minimum threshold to render a conclusive opinion (English & Heil, 2000; Williams, 1995). According to the research, rates of inconclusive tests vary between ten and twenty percent (Reid & Inbau, 1977; Morris, 2009 personal statement). In this particular study, 7.8% of the tests were inconclusive which was insufficient to cause a significant difference in the group over all.
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Although not a variable specifically controlled or studied, the LVA technology was a much less invasive method of evaluating truth from deception than the polygraph. The offender was not attached to any leads or physiological transducers. It was not necessary to create fear or anxiety in order to create adequate physiological data to render a conclusive opinion. In addition, unlike the polygraph, which required a separate appointment, the LVA utilized the audio-taped clinical interviews which eliminated the need for a separate appointment. As a result, a number of offenders (N=18; not included in the study) were evaluated by the LVA but did not attend, keep, or make a polygraph appointment. The LVA also identified deceptive and truthful information that could not be evaluated by the polygraph without completing a separate polygraph. An example of this involved an adult offender who acknowledged his offense of his infant victim and thus was truthful on the Full Disclosure polygraph and LVA test regarding all sexual contact with children. However, during the clinical interview, the offender had denied any penetration of the victim which was determined to be deceptive on the LVA. Since the Polygraph is limited to a single issue that requires a yes or no response, this issue could not be tested on the same polygraph. Finally, inconclusive findings on the polygraph occur in approximately 10 to 20 percent of the tests. An inconclusive finding is of relatively little use to the clinician or probation officer and usually requires a re-test. In the present study, eight polygraphs were inconclusive. Of the eight inconclusive polygraph tests, the LVA found seven to be deceptive. The lone inconclusive involving an adolescent male was found to be truthful on the LVA. The major limitation to the present study is the limited focus of the work. The present study attempted to determine if the LVA could differentiate truthful statements from deceptive statements in an independent, double blind design using the polygraph as the standard. Another limitation was the low numbers of adolescent participants. Polygraph testing with adolescents is much less frequent than with adults. In addition, half of the inconclusive (four) polygraph exams involved adolescent offenders (17% of the adolescent sample). There was strong interest to address accuracy (validity) and the consistency (reliability) of the LVA findings. Additional interest was also given to including multiple examiners to determine whether findings would differ based on examiner. Further research on the LVA is needed. Research designed to identify criterion-related validity. Additional research replicating this study will be important. Additional research to address reliability of the LVA; particularly in the area of having multiple examiners independently evaluate the recorded material to determine what if any response variability is due to differences in administration and/or segmenting the recorded material.
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The present results support the effectiveness of LVA technology to identify truthful and deceptive statements as compared to the polygraph. Due to the lack of research with LVA, the focus of this study was limited to whether the findings of the LVA test were consistent with the findings from the polygraph. The polygraph was used because of the extensive research on its reliability and validity. At present, the polygraph is considered the best technology for truth verification. Based on the results of this study, LVA technology appears to be able to provide clinicians and probation officers with relevant information regarding the accuracy of sex offender self-report comparable to the polygraph. The results suggest the LVA and polygraph findings are similar to one another despite significant differences in their methodology. If these results accurately reflect the LVAs ability to discern truth and deception, the addition of this technology in the field could be a major enhancement to clinical assessment, intervention, and management. The study identified six strengths of the LVA over the polygraph: (1) The LVA is less invasive. The offender is not hooked to a number of physiological leads; (2) The LVA process is less investigative. The LVA uses the clinical interview as the basis for evaluating the offenders self-report. The offender is not limited to answering questions using a yes or no format and the need to experience a threat of consequences does not exist; (3) The LVA can be used in real time. Although this format was not evaluated as part of this particular study, the clinician can use the feedback not only whether the statement is deceptive, but can identify inaccuracies and high stress issues that could be used by the clinician to enhance the usefulness of the clinical interview; (4) The LVA is much more flexible. It does not require a special room set up or separate appointment. Clinicians who may be asked to assess in an institution such as a jail or detention center can simply record the interview. Furthermore, should a situation arise in a group or family session that the clinician would need to verify for accuracy, the clinician would be able to do so with little disruption or time lapse; (5) The LVA can evaluate multiple issues at one time. This is a significant issue in the field. The polygraph is limited to a single issue. Thus if an offender fails a maintenance test, there is no way to determine what part of the guidelines he/she has been noncompliant without a separate test or if he acknowledges something to satisfy the results whether that disclosure is truthful. The LVA would allow follow up without tainting the original issue; (6) The LVA always makes a determination of the offenders statements. There are no inconclusive results using the LVA. The LVA differentiates deceptive from inaccurate, stress/anxiety, and truthful, thus there is an opinion of the offenders statements. Combining the above mentioned strengths with the strengths of the polygraph significantly improve the effectiveness and efficiency of truth verification in sex offender treatment and management.
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ACKNOWLEDGEMENTS
The author would like to thank Counseling & Consultation Services, Inc. for their support, help, and contribution to this research. This research could not have been completed without the assistance of therapists Tom Herington, M.A. and Amy Mize, M.A. In addition, the author would like to express his gratitude to Ms. Sandra English for collecting the records and files as well as providing and maintaining the independence of the polygraph and LVA results.
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Detecting Deceptive Responses in Sex Offenders

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Detecting Deceptive Responses in Sex Offenders: A Comparison of Layered Voice Analysis (LVA) and the Polygraph J.

Michael Adler, Ph.D.

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