Potency test for impotence male forensic case report

121120030
Osamah Alfentokh
121120030 Osamah Alfentokh

 First, what is impotence?
 This is not the same as infertility. Impotence is the physical
inability to have sexual intercourse. It is not synonymous with
sterility. Sterility refers to the inability to procreate, whereas,
impotence refers to the physical inability to perform the act of
sexual intercourse.(1)
Introduction

 Second, what is Potency Test For Men?
 Male Potency test is used in cases related to Sexual Assault to
determine the truth behind claims made by victim. It is
particularly useful in cases where the accused is elderly.(2)
Conducted to prove the sexual potency or a person. In case of a
crime like rape, this is done to ascertain if the accused is
physically capapble of committing it.(3)
Introduction cont.

 In Medical Sense, there is no such thing called Potency Test.
Actually there are three tests, which are colloquially called as
Male Potency Tests.(2)
1. Semen analysis.
2. Penile Doppler Ultrasound.
3. Visual Examination.

 A semen analysis (plural: semen
analyses) evaluates certain
characteristics of a male’s semen
and the sperm contained therein.
It is done to help evaluate male
fertility.(2)
Semen Analysis
http://medifitbiologicals.com/semen-analysis/

 The most common reasons for laboratory semen analysis in humans are as
part of a couple’s infertility investigation and after a vasectomy to verify that
the procedure was successful. It is also commonly used for testing human
donors for sperm donation, and for animals semen analysis is commonly
used in stud farming and farm animal breeding. (2)
Semen Analysis cont.
http://www.fertility-docs.com/programs-and-services/sperm-evaluation/sperm-and-semen-testing.php

 This test shows how much and how well blood flows into and
out of the penis. It is primarily used to men with Severe
Erectile Dysfunction which does not respond to oral
medication (like Viagra). (2)
 The Doppler effect is used to tell which direction the blood is
flowing. In order to have an erection, blood must flow INTO
the penis, but not flow OUT. But there IS a condition know as
Venous Leak Syndrome, where the veins do not “shut off” ar
the right time, so too much blood flows OUT of the penis, and
the erection is not firm. The doppler ultrasound can find this
problem. IF this problem exists the only solution is surgery. (2)
Penile Doppler Ultrasound
https://www.indiamart.com/saharyabr
others/gynecology-equipment.html121120030 Osamah Alfentokh

 Also, erectile dysfunction can be caused by
nerve damage, like from diabetes. In this
case the nerve signals may not reach the
penis, so the blood flow will appears
identical to a normal , flaccid penis. In the
case of nerve damage, Viagra won’t help, and
prosthetic penile implants are required. (2)
Penile Doppler Ultrasound cont.
http://www.ultrasound-images.com/penis/
http://www.jsm.jsexmed.org/article/S1743-6095(15)34207-7/fulltext121120030 Osamah Alfentokh

 During the visual examination the doctor examines the penis in both
states, aroused and flaccid, to check for any sort of dysfunction or
damage. It also tests Morning Erection in Patients. (2)
Visual Erection Examination
http://nypost.com/2016/10/20/look-at-your-penis-it-might-have-cancer/

 The arrest of spiritual leader Asaram Bapu for allegedly assaulting a 16-year-
old girl and the potency test that he he had to undergo has brought the
procedure into the public eye. Many Indians hearing the news that Asaram
cleared his potency test.(4)
Case report 1
http://www.firstpost.com/india/your-cheeks-are-like-juicy-kashmiri-
apples-rape-accused-asaram-bapu-tells-aiims-nurse-3021894.html
 The virility of the controversial 72-year-old
godman Asaram Bapu surprised the team of
three doctors who conducted a potency test
on him after he agreed to be subjected to it.
Sources, who had details of the potency test
on Sunday, said the man accused of
molesting a 16-year-old was established to be
potent in the first stage of the examination -
physical stimulation.(5)

 Asaram Bapu had initially objected to the potency test when a team of
three doctors approached him at Rajasthan Armed Constabulary
headquarters on Sunday. He, however, changed his mind after a few
minutes of persuasion and told them that the body was "nashwar"
(mortal), so they could do to it whatever they wanted. It took doctors
from Jodhpur's Mathura Das Mathur Hospital about two hours to get
the potency test conducted on Asaram.(5)
 A doctor said that various steps are taken to carry out a potency test.
"One is to cause stimulation of private parts through manual
movements. The other is to inject drug stimulators like papaverine," the
doctor said. In Asaram's case, stimulation of private parts resulted in
erection and proved his potency. The doctor said that drugs like
papaverine were not used.(5)

 Asaram's consent for the potency test without seeking legal remedy
also left both cops and doctors surprised as he could have refused to
undergo the test if he wanted. Legal experts said Asaram could have
approached a court to get the potency test stayed. (5)
 "The medical team arrived at the RAC guesthouse around 5.30pm. To
get a potency test conducted, the man undergoing it, especially a 72-
year-old, has to be mentally prepared. So initially, Asaram was made to
understand the procedure. To clear the test, there has to be erection of
his sexual organ," said a source. (5)

 Asaram was allegedly hesitant initially and even asked doctors why
they were doing such an "unholy" thing. But he was persuaded by the
policemen and doctors to take the test. (5)
 The police said Asaram's testing positive gave them circumstantial
medical evidence against the self-proclaimed godman. "Carrying out a
potency test was a very natural step for us. The test report has been
received by the police from the medical board," said a police officer. (5)

Asaram clears 2nd potency test !!
http://www.dekhnews.com/people-support-stopinjustice-against-asaram-bapu-ji-on-twitter/121120030 Osamah Alfentokh

 Reports of the second potency test conducted on self-styled godman Asaram
Bapu were positive, similar to the one obtained from Jodhpur last month, police
said here on Friday. "The potency test was conducted on Asaram today. We have
received the medical report which is similar to the one obtained from Rajasthan,"
Joint Commissioner of Police Sector-I J K Bhatt told reporters here on Friday. (10)
 Incidentally, 72-year-old Asaram had cleared a potency test conducted on him in
Jodhpur last month. Asked whether a lie-detector test would be conducted on
the spiritual leader, Bhatt said that for certain tests, consent of the concerned
person is required and Asaram has refused a lie-detector test. (10)
 Earlier, the test could not be held after Asaram had refused to co-operate with
the police. (10)

 When asked if Asaram was cross-examined along with the victim during his
remand period, Bhatt said that both of them were questioned, but not in front
of each other as both denied to do so. (10)
 Police, it was learnt, would seek Asaram's remand from the court tomorrow
when his current remand period ends. (10)
 Recently, the Surat police registered two complaints? one against Asaram and
another against his son Narayan Sai ? for rape, sexual assault, illegal
confinement and other charges, as alleged by the two sisters. (10)
 In her complaint, the elder of the two sisters accused Asaram of repeated
sexual assaults during her stay in his ashram between 1997 and 2006 on the
outskirts of Ahmedabad. (10)

Case report 2
http://www.prweb.com/releases/2012/4/prweb9458217.htm
 Controversial self-styled godman
Swami Nithyananda was on
Wednesday directed to undergo a
potency test in a 2010 rape case by the
apex court, which rapped him and the
Karnataka Police for the “atrocious”
delay in the case. (6)
 “The accused must subject himself to a
medical examination,” a bench
comprising Justices Ranjana Prakash
Desai and N.V. Ramana said, while
dismissing his plea to avoid the
necessary medical test to determine his
potency level. (6)

 The lackadaisical approach of prosecution in dealing with the case
came for severe criticism by the bench, which expressed extreme
displeasure at the incomplete investigation as Nithyananda and other
accused had failed to cooperate with the probe agency. (6)
 The bench also dismissed the plea of Ranjitha Menon, Tamil actress and
disciple of Nithyananda, seeking impleadment in the matter to state
that she was being wrongly projected as a victim. (6)
 In its 20-page judgment, the bench said: “What is staring at us is the
atrocious delay in disposal of the criminal petitions. The complaint is
dated March 4, 2010. Cognisance of the offences has been taken in
December 2010. (6)

 "Petitions came to be filed by the petitioners in 2011-2012. We are in
2014. It is distressing to note that the petitions were kept pending at
admission stage and could be disposed of only on July 16 this year.” (6)
 The bench added that it was deciding this matter with the hope that
there would be no further delay in the case and the prosecution and the
accused would cooperate. (6)
 While rejecting the impleadment application of Tamil actress, the bench
said: “We are not inclined to expand the scope of these petitions. We,
therefore, reject the applications. On her grievance, we are not
expressing any opinion. If law permits, she may take such steps as she
is advised, in the trial court." (6)

 It looks like it’s not going to be easy for self-styled godman
Nithyananda to steer clear of problems. (7)
 After doctors conducted tests on him to certify his potency on
September 8, based on a Supreme Court order against his alleged
sexual assault on a woman devotee in his ashram in 2012, his potency is
still in doubt. (7)
 Doctors at the state-run Victoria Hospital in Bangalore, who are yet to
submit the medical report to the police, said that the potency test
conducted on Nithyananda is incomplete as he had reportedly ducked
a part of the test. If needs be, he will be subjected to test again. (7)
Nithyananda may face ANOTHER potency test !!

 Maintaining that he was a ‘Sanyasi’ and had not indulged in any sexual
activity, Nithyananda initially did not cooperate with some of the tests, but
underwent them later, sources said. (7)
 However, known for his clever tactics, Nithyananda used a legal option as a
last resort during the potency test conducted on him last Monday. (7)
 He made use of a less-known medical provision that requires the consent of a
patient to take an injection that induces an erection. But he had reportedly
ducked a part of this procedure. (7)
 Police said they will invoke section 53 of the Criminal Procedure Code, which
empowers them to use force to persuade Nithyananda to undergo the
complete procedure. This means he will have to appear for the test again. (7)

 "We have received the medical report of the
victim and it has corroborated with what the
victim has alleged against the actor in the FIR,"
Deputy Commissioner of Police (DCP) Niket
Kaushik told. (8)
 Ahuja's house, where the alleged offence was
committed, was also sealed by the police after a
special forensic team visited the house to obtain
more evidence from the spot. (8)
Case report 3
 Medical reports of the 18-year-old girl, who was allegedly raped by Bollywood
actor Shiney Ahuja, have confirmed that she was sexually assaulted, police said.(8)
http://indiatoday.intoday.in/story/shiney-ahuja-welcome-
back-naseeruddin-shah-firoz-nadiadwala/1/381141.html

 Rubbishing reports that the police is giving special treatment to Ahuja
considering his social status, police sources said that the actor is being
treated like any other accused in the lock-up and interrogation is on.(8)
 Meanwhile, around 200 domestic maids are likely to gather outside
suburban Oshiwara police station to protest against Ahuja and
adequate security measures have been taken, police said. (8)
 Ahuja was arrested on Monday for allegedly raping his domestic maid
and was produced before a metropolitan magistrate which remanded
him to police custody till June 18.(8)

 All the three cases reports have something in common and that is all of
them are strongly refused to be judged as criminal. And continue to act
innocent and even not apple to erection . However, in this kind of
criminal the forensic science produce the Potency Test to know if the
male can do a full erection and got healthy male organs and cells. But
still as you read in the first two cases there still a ways to deceive the
results then to make sure second test is important as the first.
 in the third case the criminal got wife and happy family and that does
not exclude him from the potency test. And that will give the judges
more evidence that he is still able for intercourse.
Discussion

 The law assumes a person to be innocent unless proved otherwise.
Thus, a person accused of rape should also be treated with dignity. Just
like the “two finger test” done on rape victim, potency test also
disrobes the accused of his privacy and dignity. This trend of subjecting
each and every accused to potency test without any rationale needs to
be stopped. This also unnecessarily strains the manpower and
resources of hospitals, which can be utilized for other better purposes.(9)
and the cases reports are good example for potency test benefits.
Discussion cont.

 In conclusion, in every moment the forensic medicine is improving
and mannerism new tests to help the judgmental law on their cases.
And now a days forensic medicine got many test for criminal cases
and even some of the test is the winning card which give a clear and
strong proof. So the potency test for male one of the strong card to use
against the one who act innocent.
Conclusion

1. Macadangdang vs. Court of Appeals (G.R. No. L-49542, 12 September 1980); Jimenez vs.
Canizares (G.R. No. L-12790); Chi Ming Tsoi vs. Court of Appeals (G.R. No. 119190, 16 January
1997).
2. http://news.biharprabha.com/2013/09/what-is-male-potency-test/
3. http://timesofindia.indiatimes.com/6-things-you-should-know-about-potency-
test/listshow/42244119.cms
4. http://www.dnaindia.com/health/report-what-is-a-potency-test-1883917
5. http://timesofindia.indiatimes.com/india/Asaram-cleared-potency-test-without-any-
drugs/articleshow/22243949.cms
References

6. http://www.dailymail.co.uk/indiahome/indianews/article-2742575/Godman-Nithyananda-
ordered-potency-test-rape-allegations.html
7. http://www.dailymail.co.uk/indiahome/indianews/article-2752599/Nithyananda-face-
ANOTHER-potency-test-rape-case-dodging-parts-one.html
8. http://www.ndtv.com/india-news/medical-report-confirms-rape-of-shineys-maid-396283
9. http://www.sciencedirect.com/science/article/pii/S2090536X16300715
10. http://timesofindia.indiatimes.com/india/Asaram-clears-2nd-potency-
test/articleshow/24352029.cms
References cont.

Potency test for impotence male forensic case report

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