Comprehensive Review and Recommendations for Evaluation of Sexual Potency of Male in Context of Current Indian legal system

Abstract

To discuss the current practice, standard procedures and recommendations for evaluation of male impotence/sexual dysfunction in context of the Indian legal system. Evaluation of a man for potency is done for various reasons like accusation of rape, non-consummation of marriage in a plea for annulment or compensation claims arising out of damage to sexual function secondary to accidents or any other means. Such evaluation is done after requisition by investigating officers in criminal cases or by the person himself in civil cases to verify or rule out allegations of impotence. It is a common practice for Indian police to request a potency examination in almost every case of sexual assault, despite the fact that the examination has very little impact on the outcome of the case in court. In the Indian scenario, even after a complete evaluation for impotence, medicolegal opinion is framed in a nebulous double negative format rather than a precise scientific manner. The Indian courts would welcome such examination in relevant case and desire that the experts frame objective and unequivocal opinions. Various articles, books, court judgments were reviewed to determine the current practice followed in determination of sexual potency in males. Asystematic effort is made to make the examination completely justifiable with a more objective and scientific opinion.