There are various types of potency tests.
In cases involving allegations of sexual assaults, the Court would naturally like to know if the accused was in fact capable of performing sex.
If the potency test is positive, then this point is proved.
Whether accused can be forced to give such test or not is a matter of further debate.
But if Accused says No to such test, the court can presume that he is potent and therefore he is avoiding test.
This can be taken as one of the several factors against accused.
So if an Accused says No to such potency test, it harms his case equally. No benefit by refusing such test.
Haresh Raichura
8/9/14
