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IMPOTENCE, FRIGIDITY

STERILITY, MARRIAGE

&

DIVORCE

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An unhappy wife is complaining to the Qazi about her husband's impotence. Ottoman miniature.

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The possession of virility and procreative power neither requires to be , nor can be proved to exist by any physician, but is rather, LIKE EVERY OTHER NORMAL FUNCTION to be supposed to exist within the usual limits of age

Casper in his text book of Forensic Medicine states

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Impotence

  • Inability to perform sexual intercourse and achieve gratification
  • A person who is unable to copulate
  • Halsbury’s Law of England defines impotence to be such a state of mental or physical condition, which makes consummation of the marriage a practical impossibility
  • Failure to obtain or maintain erection of the phallus in a male

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Physiology of Erection

  • Filling blood in spongy erectile tissue
  • Penile erection is managed by two mechanisms:
    • The reflex erection, which is achieved by directly touching the penile shaft uses the peripheral nerves and the lower parts of the spinal cord,
    • The psychogenic erection, which is achieved by erotic or emotional stimuli through the limbic system of the brain.
  • In both conditions, an intact neural system is required for a successful and complete erection

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STERILITY

  • Inability to procreate children
  • For women it means inability to conceive during child bearing age
  • For men it means inability to make a woman of child bearing age to conceive
  • A sterile person may not be impotent or frigid and similarly an impotent or frigid person need not be sterile. Both may coexist or be independently present
  • Infertility is the inability of a couple to become pregnant (regardless of cause) after 1 year of unprotected sexual intercourse -using no birth control methods. �

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Types of Impotence (Males)

  • Absence of sex desire
  • Despite sex desire failure of erection
  • Weak and fleeting erection which subsides before penetration is complete
  • Partial Impotence-Normal erection and penetration but failure to reach orgasm & ejaculation (Retrograde Ejaculation)

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Causes of Impotence & sterility in Males

  • Physiological- Very young and very old are impotent but no definite age. Precocious development of sexual organs may take place in very young. Fertility begins with puberty or when the adolescent starts ejaculating semen. Boys of 9 years and old people of 94 are recorded of having fathered a child

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Defect of Development

  • Absence of penis
  • Infantile & non –erectable penis
  • Malformations- Intersexuality, Hypospadias, epispadias, double penis, or adherent to scrotum
  • Loss of both testes, cryptorchids

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Local Acquired Abnormalities

  • Amputation of Penis
  • Castration in childhood
  • Large hernias, elephantiasis, large hydrocele, phimosis or paraphimosis, adherent prepuce
  • Temporary impotence with wounds of penis
  • Operations on penis, bladder, testis, vas etc
  • Accidental injury to genitals, brain, or spine
  • X-ray irradiation may cause azospermia

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Diseases leading to Impotence

  • Diabetes and other hormonal disorder
  • Neurological diseases like GPI, tabes dorsalis, hemiplegia, paraplegia, syringomyelia, injury to spinal cord, spinabifida
  • Chronic infective disorder like tuberculosis nephritis, and other debilitating disorders
  • Malignancies
  • Tumour or injury damaging reflex arc at sacral level
  • Excessive sexual indulgence or masturbation may cause temporary impotence

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Psychological

  • By far the commonest cause of impotence
  • With all women or with a particular woman (Impotence quoad hance)
  • Large number of males are impotent at their honey moon night because of anxiety and inexperience
  • Homosexuality
  • Inculcation in childhood that sex is wicked

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DRUGS AND ADDICTION

  • Antihypertensive, diuretics,& psychotropic drugs.
  • Chronic alcoholism
  • Cannabis, Marijuana, Hashish, Charas, Opium, Heroin,
  • Hormonal preparations like administration of Oestrogen to a male

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Treatment of Impotence

  • Greatest source of earning of Charlatans
  • Cause for killing of many wild animals
  • In 1983 papaverine induced erection was demonstrated
  • First major breakthrough is ‘Viagra’
  • Venom from a Brazilian spider causes erection and considered a potential drug

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Impotence in Female�(Apareunia & Dyspareunia)

  • Impotence in female is incapacity for sexual act which is also called apareunia.
  • Dyspareunia means that the act is difficult and painful or penetration is incomplete
  • Disparity in size between male phallus and the vagina-Theoretical possibility
  • Inaccessibility of the vulva due to extreme obesity or adduction deformities associated with diseases of hip and legs usually overcome by modification of coital posture

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Causes in Females

  • Extremes of age, less marked because of passive nature of function, sterility present
  • Obstruction at introitus or vagina
  • Local developmental anomalies-
        • Absence of vagina, malformation of vagina, imperforate hymen or tough hymen
        • Inherent narrowness and inelasticity of vaginal orifice.
        • Anomalies of uterus fallopian tubes causes sterility

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Causes in Females

  • Acquired defects-
        • Fibrosis and adhesions following injury or chemical burn in vagina or stricture of introitus
        • Hysterectomy, tubectomy, removal of ovaries causes sterility.
  • Diseases- Any painful condition of the pelvis
  • Psychological causes-Vaginismus,

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VAGINISMUS

  • Commonest & Important Cause of impotence in females
  • It is a condition manifested by spasm affecting sphincter vagina and levatores ani muscles especially the latter resulting in to closure of lower vagina and in severe form is accompanied by spasm of the adductor muscles of the thighs making vulva inaccessible
  • May or may not be associated with frigidity

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Causes of vaginismus

  • Tender organic lesion in pelvis
  • Functional-
        • Hysterical hyperaesthesia of vulva & thigh
        • Fear of pregnancy or child birth
        • Previous criminal assault or rape
        • Highly strung and overanxious women usually spoilt
  • Faulty sex education & ignorance
        • Husband may be over considerate and lacking in virility
        • Initial painful & clumsy attempts at coitus

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FRIGIDITY

  • Woman who are sexually cold
  • Absence of sexual urge (libido)
  • Incapacity of an woman to achieve vaginal orgasm during coitus
  • Psychosexual defect in women which may include lack of sexual interest, inability to experience pleasure during coitus, & inability to reach orgasm.
  • Abnormal aversion to sexual intercourse

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True Frigidity

  • It is absence of libido
  • The subconscious mind is the centre for libido
  • Ovarian hormones play some part but are not essential for libido, also hypothyroidism
  • Sex desire is not spontaneous in women as in men and has to be roused
  • Organic lesion of pelvis is never a cause
  • It is due to, physiological, constitutional, psychological, or environmental factors

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Failure to achieve orgasm

  • Sexual drive normal or heightened
  • Commonly it is a psychological inhibition
  • With regular sexual experience about 90% women reach orgasm
  • Causes in remaining 10%
          • Inherent orgasmal incapacity
          • Clitoridal and vaginal anaesthesia
          • Female circumcision (FGM)
          • Loose introitus and dilated vagina

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Examination & Report

  • Consent for examination should be taken in writing with clear warning that the report might go against him/ her
  • If there is a finding which makes the person impotent that should be reported
  • In majority of cases genital organs are normal
  • Report should be in negative like
    • “There is nothing to suggest that the person is not potent”

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MEDICO-LEGAL ASPECTS

  • CIVIL CASES
        • Nullity of marriage, & divorce
        • Legitimacy, disputed paternity
        • Compensation cases due to loss of sexual function
  • Criminal cases
        • Rape and other sexual offences
        • Blackmailing, & breach of promise of marriage
        • Criminal slander & defamation cases

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MARRIAGE

  • A formal union of a man and a woman, typically recognized by law, by which they become husband and wife
  • Voluntary union for life of one man and one woman to the exclusion of all others
  • Both the man and the woman are supposed to have given their consent for sexual intercourse at the time of marriage which they can not withdraw during the continuation of marriage
  • Common Law Marriages
  • Gay / Lesbian Marriages

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The Consummation of Marriage

  • After ceremony of marriage the first act of sexual intercourse with full penetration of vagina and emission of semen.
  • Consummation requires ordinary and complete sexual intercourse
  • Variously interpreted by court
    • Always use of Condom, Coitus interruptus, and AIH were not recognized as Consummation

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Adultery

  • Voluntary sexual intercourse between one spouse and a person of the opposite sex, not his or her spouse, during the subsistence of marriage
  • Voluntary coitus between one spouse and a person of opposite sex during continuation of a valid marriage

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Section 497 IPC

  • Who ever has sexual intercourse with a person who is and whom he knows or has reason to believe to be wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape is guilty of the offence of adultery and shall be punished with imprisonment of either description for a term which may extend to 5 years or with fine or with both. In such case wife shall not be punishable as an abettor.

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The ANNULMENT OF MARRIAGE

  • Null and Void marriage-To be declared
        • Either party has a spouse living
        • Either party is an idiot or a lunatic
        • The male has not completed the age of 21 years or the female the age of 18 years
        • The parties are within the degrees of prohibited relationship
        • Husband continues to be impotent since marriage

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Voidable-Annulled by a degree of nullity

        • Not consummated due to wilful refusal of one party
        • Woman pregnant at the time of marriage by some other person
        • Consent for marriage obtained by coercion or fraud

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Judicial Separation

  • Desertion for a period not less than 2 yr
  • Cruelty-Living together Harmful or injurious
  • Virulent Leprosy for not less than 1 yr
  • Communicable Venereal disease for not less than 3 yr
  • Continuously unsound of mind for not less than 2 yr
  • After marriage sexual relationship with some one else also (Adultery)

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Divorce

  • Is living in adultery
  • Converted to another religion
  • Incurably of unsound mind for not less than 3 yrs
  • For not less than 3 yrs suffering from virulent and incurable form of leprosy
  • For not less than 3 yrs suffering from venereal disease in communicable form
  • Renounced the world by entering religious order
  • Has not been heard of as being alive for at least 7 yrs by those who would naturally have heard of it
  • No sexual relationship for two yrs after judicial separation or degree of restitution of conjugal rights

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DIVORCE

BY

MUTUAL CONSENT

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Certain terms

  • Cruelty
      • Danger to life, limb, or bodily or mental health or reasonable apprehension of such danger. Usually a continuing series of acts of cruelty is required for divorce.
  • Desertion
      • Deliberate voluntary withdrawal or abandonment of one spouse by the other without the other’s consent

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