Delaware Code Title 11 Sec. 9420 – Polygraph testing of a victim
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(a) A law-enforcement officer, prosecuting officer or other government official shall not ask or require an adult, youth or child victim of an alleged sex offense as defined in Chapter 5, subchapter II, subpart D of this title, to submit to a polygraph examination or truth telling device as a condition for proceeding with the investigation.
Terms Used In Delaware Code Title 11 Sec. 9420
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Victim: includes a parent, guardian or custodian of a victim who is unable to meaningfully understand or participate in the legal process due to physical, psychological or mental impairment. See Delaware Code Title 11 Sec. 9401
(b) In any event, the refusal of a victim to submit to a polygraph examination or other truth telling device shall not prevent the investigation, charging or prosecution of an alleged sex offense, defined in Chapter 5, subchapter II, subpart D of this title, against the victim.