Penile Plethysmograph Test Results Inadmissible

In a case of first impression, the Virginia Supreme Court, in the case of Billips v. Commonwealth, held that, in a criminal sentencing hearing, the trial court erred in admitting into evidence the results of a penlie plethysmograph without evidence of the test’s reliability.

Commentary:  While this case is a criminal case, it is significant in the Family Law area because oftentimes, in Department of Social Services cases, the Department will require a parent, either in Safety Plans or as part of a foster care plan or proceeding, to submit to this test.  Based upon this ruling, I think the Department will have a much more difficult time getting the tests admitted as evidence in foster care proceedings without first offering evidence to establish the test’s scientific reliability.

-Rob Hagy