A MAN convicted of raping a 13-year-old girl could not have had sex with her because he is impotent, the High Court heard yesterday.
The 27-year-old - who has been ordered to serve 11 years in jail - suffered from erectile dysfunction, a senior consultant urologist testified. This meant he would not have been able to have full sexual intercourse with the victim.
The man was sentenced to the jail term and eight strokes of the cane in 2011 after being found guilty of raping his former girlfriend's sister. He cannot be named to protect her identity.
His lawyers launched an appeal last year against the conviction and sentence, asking to admit new evidence that showed he was incapable of having penetrative sex. This application was allowed despite objections from prosecutors, who said he did not mention it during his trial.
Yesterday, senior consultant urologist Peter Lim Huat Chye, who has a private practice at Gleneagles Hospital, took the stand for the defence. He said the man was able to achieve an erection, but it was insufficient for him to have penetrative sex.
Dr Lim added that the patient would "in all probability" have been suffering from erectile dysfunction in 2006, when the attack took place, as the condition develops slowly and worsens over time. He sent the man for an ultrasound scan in September to track the flow of blood to the penis. A drug called Caverject was injected to allow the patient to achieve an erection.
Dr Lim said it showed he had a venous leak, which means the veins in the penis were unable to keep the blood in the organ.
The consultant raised doubts over a test conducted by Tan Tock Seng Hospital in December 2011, which concluded there was no evidence that the man suffered from erectile dysfunction.
He said doctors there had used an "excessive" dose of Caverject, which would have masked any venous leaks.
Dr Lim was impassioned as he talked about erectile dysfunction, using props, including a banana and a cucumber, to illustrate what he meant. At one point, he apologised to Justice Lee Seiu Kin for being graphic, but was instructed by him to carry on.
The hearing is expected to resume in May. Two radiologists are lined up to testify for the defence, while the prosecution is calling a urologist and radiologist. The man is being represented by Mr Jeyabalen and Mr Arthur Edwin Lim.
