Immediately after returning from Germany on Friday, Janata Dal Secular MP Prajwal Revanna was taken into custody by the Special Investigation Team (SIT) to probe allegations of sexual harassment against him. During this investigation, the suspended MP might undergo a potency test. Notably, convicted rapist Asaram also had this test when he claimed impotence due to his age.
What is a Potency Test
This test assesses a man's physical readiness for sexual intercourse under normal conditions. It is a form of medical examination that can serve as evidence in cases of divorce or paternity. For instance, when a wife seeks divorce based on impotence and the other party disagrees, this test may be invoked.
When it comes to sexual assault cases, section 53 of the Criminal Procedure Code (CrPC) does not emphasize potency tests as much as the analysis of blood, semen, sweat, hair, and nail samples. Doctors determine which tests are necessary.
Source: aajtak
The process involves three stages, depending on the availability of medical equipment:
- The first is semen analysis, which looks at sperm count and mobility. Apart from medico-legal cases, this test is also common for assessing fertility.- Penile Doppler ultrasound measures blood flow within the private parts, helping diagnose erectile dysfunction.- A visual erection examination is also conducted.
How Critical is the Test in Rape Cases
The defense may present a potency test report in court, arguing that their client is incapable of intercourse. However, this argument typically doesn't hold much weight since potency isn't permanent and can vary with mental state. The court also considers these reports with caution.
Source: aajtak
The Broad Definition of Rape Diminished the Test's Significance
Before 2013, the potency test used to carry weight in court. A decade ago, the definition of rape in the Indian Penal Code (IPC) changed, which lessened the legal significance of this test. Previously, rape was defined exclusively as intercourse. Now, Section 375 includes various other acts, including non-penetrative rape. Hence, the potency test ceased to be a strong piece of evidence. Human rights organizations also oppose the test citing privacy violations.
In 2013, an underage girl accused Asaram of rape, and his potency test was conducted. Asaram consistently claimed that his age rendered him incapable of intercourse, which the test disproved.
Why Prajwal Might Undergo a Test
The investigation into the suspended MP's case could include a broader range of medical tests. While these tests might provide some insight into the accused’s physical capabilities, they will not be definitive proof but rather complement claims made by victims and other legal evidence.
