Impotence Prevents Marriage Consummation
Husband and Wife married but Husband suffered impotence that made sexual intercourse impossible. Wife petitioned for annulment on the ground that the marriage had never been consummated.
Also known as: impotent · incapacity
Written by attorneys · grounded in primary & secondary sources — see below
An inability of a man to achieve an erection sufficient for sexual intercourse. This condition prevents consummation of a marriage and supplies a ground for annulment.
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Husband and Wife married but Husband suffered impotence that made sexual intercourse impossible. Wife petitioned for annulment on the ground that the marriage had never been consummated.
Wife discovered after the wedding that Husband's impotence was permanent. The court annulled the marriage because consummation was impossible.
Husband introduced medical testimony confirming impotence. The court held that the evidence established grounds for annulment.
Wife alleged Husband concealed his impotence at the time of the wedding. The court treated the concealment as additional support for annulment.
Husband argued the marriage had been ratified by cohabitation. The court rejected the defense because impotence made consummation impossible.
Husband proved he was sterile but not impotent. The court denied annulment because consummation remained possible.
Yes. Because impotence prevents consummation of the marriage, it constitutes a ground for annulment under traditional family-law doctrine.
Supporting sources
Impotence is a specific physical condition that can trigger the general rules on supervening incapacity when a party's personal performance is required, as under Restatement (Second) of Contracts § 262.
Supporting sources
Yes. By definition a durable power is not terminated by the principal's incapacity, including impotence that renders the principal unable to act.
…not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence. Dissenting — Justice Thomas The Court’s decision today is at odds not only with the Constitution, but with the principles upon which our Nation was built. Since well before 1787,…