Josh Powell has a big decision to make. His wife is the former Puyallup woman who went missing from their Utah home in December 2009. A judge says she won't consider Powell's request for custody of the couple's two children until he undergoes a psycho-sexual evaluation.

It's an exam typically conducted by a psychologist, licensed by the state as a sexual offender treatment provider. Bellevue criminal defense attorney Robert Perez says the exam is invasive, embarrassing and unpleasant.

"A person who goes through one of these experiences is asked about virtually every development in their life, their childhood history, their family history, their educational history and, of course, every intimate detail of their sexual history," said Perez.

The goal is to find out if the subject is a sexual deviant, if they're dangerous and if they are amenable to treatment.

Josh Powell has been trying to win back his two sons ever since his father was arrested last September for voyeurism and possession of child pornography. Powell and his children were living with Steve Powell in Puyallup at the time.

This week, a Pierce County judge told Josh Powell she would consider his request for custody, but only after he underwent this evaluation. Powell's attorney argued against the evaluation saying there is no proof that the child porn belonged to Josh Powell.

Attorney Perez says judges sometimes require the psycho-sexual evaluation to cover their backsides.

"No judge wants to be on the front page the next day being the judge that let somebody out of jail or made a decision in a case and then this person goes sideways," said Perez.

Psycho-sexual evaluations are not foolproof but they do involve questions to determine if a subject is being truthful.

"A doctor will sometimes come back to me and tell me: 'This guy's results on this test tell me that he should be drooling and walking on his hands and knees, and he's not, he's obviously faking,'" said Perez.

The exams usually include a polygraph test but attorney Perez opposes them calling them "unreliable."

The evaluations are often required by the court before a plea agreement or sentencing of a sex offender. In the case of Josh Powell, it's voluntary and there are risks.

"You're exposing yourself to the most intimate details of your life to a stranger and you don't know what's going to happen to this report," said Perez, who points out that the findings are subject to release under the state's open records law.

If Powell really wants to regain custody of his children, he might have no choice but to submit to the psycho-sexual evaluation.

For now, Powell's sons, ages 5 and 7, are living with their grandparents, the parents of Susan Cox Powell, who disappeared from her Salt Lake City-area home two years ago. Josh Powell is a suspect but denies any role in his wife's disappearance and has not cooperated with Utah detectives investigating the case.

Tim Haeck, 97.3 KIRO FM Reporter