Legal Definitions - impotence

In a legal context, impotence refers to a permanent physical inability for an individual to engage in sexual intercourse. This condition is often considered in relation to marriage, specifically regarding the inability to "consummate" the marriage, meaning to complete it through sexual intercourse. If such a condition existed at the time of marriage and was unknown to the other party, it can have significant legal implications, potentially serving as grounds for the annulment of the marriage or, in some jurisdictions, a basis for divorce.

• Example 1: Sarah marries David, and shortly after the wedding, she discovers that David has a permanent physical condition that makes sexual intercourse impossible. This condition existed prior to their marriage and was not disclosed to Sarah. In this scenario, Sarah might seek an annulment of the marriage, arguing that David's impotence at the time of marriage prevented its consummation, rendering the marriage legally voidable from the outset.

• Example 2: A couple, Michael and Emily, have been married for a year but have never been able to consummate their marriage due to a permanent physical issue affecting Michael, which he was unaware of or did not fully understand before the marriage. Emily could petition the court for an annulment based on Michael's impotence, as the marriage was never fully consummated, which is a fundamental aspect of marriage in many legal traditions.

• Example 3: In a state where specific grounds for divorce still exist beyond "no-fault," a spouse might file for divorce citing their partner's long-standing and permanent physical inability to engage in sexual relations. While less common in modern divorce law, in jurisdictions with older statutes, impotence could be listed as a specific fault-based ground for dissolving the marriage, particularly if it has persisted throughout the marriage and prevents its consummation.