IMPOTENCE. In Medical Jurisprudence. Inability on the part of the male organ of copulation to perform its proper function. Impotence applies only to disorders affecting the function of the organ of copulation, while sterility applies only to lack of fertility in the reproductive elements of either sex. Dennis, System of Surgery.
Impotence may be considered as incurable, curable, accidental, or temporary. Absolute or incurable impotence is that for which there is no known relief, principally origi nating in some malformation or defect of the genital organs. Its existence or existence is not to be determined by mere anatomical appearances, and the mere fact of age alone is never sufficient to imply ab sence of the procreative power ; 2 Witth. & Beck. 396. It may also be the result of in firmity rather than of age or deformity, as the effect of vicious habits; id. 398. As a general rule, diseases which do not affect the brain or spinal cord, and which are not attended with great debility, do not on the part the male prevent intercourse. , In acute febrile diseases temporary impotence is, beyond question, the rule ; but the power is rapidly regained, on convalescence. Mumps is occasionally followed by impotence. Hab its of drunkenness and the abuse of drugs may act in a similar manner. Emotion is an exceedingly common cause of temporary impotence. Deformity or defects of develop ment in the organs, as well as disease of such organs, are likewise cause of impo tence. 2 Taylor, Med. Leg. Jurispr. 1.
Ability to procreate is not the test ; it is enough if the parties are able to have sexual intercourse; Powell v. Powell, 18 Kan. 371, 26 Am. Rep. 774 ; Devanbagh v. Devanbagh, 5 Paige, Ch. (N. Y.) 554, 28 Am. Dec. 443; 3 Phill. Ecc. 325; and impotency arising after the marriage does not avoid it ; 30 L. J. Prob. Mat. & Adm. 73. Unless otherwise by statute, impotence renders a marriage void able, not void ; L. R. 1 Ex. 246 ; Anonymous,
24 N. J. Eq. 19.
It has been held that, in a divorce case, an examination may be ordered of a. defendant alleged to be impotent ; Atchison, T. & S. F. R. Co. v. Thul, 29 Kan. 466, 474, 44 Am. Rep. 659. See also 19 Cent. L. J. 144, and 2 Bisb. M. & D. § 590.
Impotence is a statutory ground of di vorce in most states, and in some courts it is held that jurisdiction of suits for nullity, is impliedly conferred with jurisdiction in di vorce ; Tiffany, Pers. & Dom. Rel. 39. See Le Barron v. Le Barron, 35 Vt. 365 ; J. G. v. H. G., 33 Md. 401, 3 Am. Rep. 183. Where this defect existed at the time of the mar riage and was incurable, by the ecclesiastical law and the law of several of the American states, the marriage may .be declared void ab initio; Com. Dig. Baron, and Femme (C 3); Bacon, Abr. Marriage, etc. (E 3); 1 Bla. Cora. 440 ; 1 Beck, Med. Jur. 67; Code, 5. 17. 10 ; Devanbagh v. Devanbagh, 5 Paige, Ch. (N. Y.) 554, 28 Am. Dec. 443 ; Bascomb v. Bascomb, 25 N. H. 267 ; but see Burtis v. Burtis, Hopk. Ch. (N. Y.) 557, 14; Am. Dec. 563. Impotency arising from idiocy interven ing after the marriage is no ground for di vorce in Vermont ; Norton v. Norton, 2 Aik. 188. See Merlin, Rep. impuissance. But it seems the party naturally impotent cannot allege that fact for the purpose of obtaining a divorce; 3 Phill. Eccl. 147. See 2 Bed. 10 ; 3 id. 325; 1 Chitty, Med. Jun 377; Bish. Marr. & D.; 1 Bla. Com. 440; 1 Hagg. 725. See, as to the signs of impotence, 1 Bri and, Med. Leg. c. 2, art. 2, § 2, n. 1; Die tionnaire des Sciences medicales, art. Im puissance; and generally, Trebuchet, Jur, de la Med. 100 ; 1 State Tr. 315 ; 8 id. App. no. 1, p. 23 ; 3 Phill. 147 ; 1 Hagg. Keel. 523; Fodere, Med. Leg. § 237.
See STERILITY.