(Black Press Media files)

B.C. marriage annulled because husband was unable to have sex with wife

Husband did not disclose any sexual health concerns to his wife prior to marriage

A B.C. Supreme Court judge has granted a woman an annulment after her husband was unable to maintain an erection or have sexual intercourse with her.

In a judgement released earlier this month, Justice Wendy Baker noted that precedent was set in 1857 for the courts to annul a marriage based on impotency. Prior to that, ecclesiastical courts were the only way to annul a marriage.

“Pursuant to the domestic law of British Columbia, a marriage is voidable where a claimant has established their spouse lacks the capacity to consummate the marriage,” Baker wrote.

The couple, dubbed S.Z. and X.J. to protect their privacy, were married on Aug. 11, 2018. The wife, S.Z., had sought an annulment instead of a divorce due to her faith.

According to Baker, evidence showed the couple attended pre-marriage counselling sessions at the Chinese Alliance Church in Vancouver, although X.J. did not disclose to his future wife that he had any sexual health concerns.

Baker said the couple did not live together prior to marriage but did discuss having children together. The marriage was never consummated despite the couple’s attempts at sexual intercourse about twice a week from August 2018 to March 2019.

The wife is alleged to have asked her then-husband to see a doctor about his sexual health in June 2019 but he put it off. Later, the couple did see a doctor for a blood test, although the test did not reveal any health issues. The wife then asked her husband to get a second opinion, and alleges they tried to have sex four to five times a week after the initial doctor’s visit, but the parties stopped living together in September 2019.

In her judgement, Baker wrote that although in earlier times, impotency needed to be permanent and without the chance of a cure, that was unnecessary for her to grant an annulment in 2020.

“I am satisfied that the extremely strict standard of proof required in earlier centuries resulted from an apparent horror of impotency within the cultural norms of those times. I am not satisfied that this extremely strict standard of proof is necessary or appropriate today.”

ALSO READ: Two pillows, ‘Magic Wand’ vibrator at centre of B.C. civil dispute between exes

ALSO READ: Cheating husband sues mistress for gifted ring after wife learns about affair


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

BC Supreme CourtRelationships

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

B.C. Green Party leader Sonia Furstenau outlines her party's climate action platform at Nanaimo's Vancouver Island Conference Centre earlier this month. (News Bulletin file photo)
Green leader Furstenau declared victor in her home riding on Vancouver Island

Cowichan Valley voters elect freshly minted party leader for her second term

John Horgan has been re-elected the MLA for Langford-Juan de Fuca. (File-Black Press)
Horgan trounces challengers to be re-elected in his Vancouver Island riding

MLA has represented constituency of Langford-Juan de Fuca and its predecessors since 2005

The last forum before the election on Saturday focused on health care.
Boundary-Similkameen candidates talk health care over digital forum

The Support Our Health Care Society hosted the forum

COVID-19. (Image courtesy CDC)
Interior Health reports 18 COVID-19 cases, highest daily count since July

The total of COVID-19 cases in the region is now at 662

A Kelowna clinic decided to immunize their patients in a drive-thru flu clinic earlier this month. (Twila Amato - Black Press Media)
Interior Health anticipates increase in flu vaccinations this season

Some 300,000 doses of flu vaccine ready for distribution across Southern Interior

B.C. provincial health officer Dr. Bonnie Henry gives a daily briefing on COVID-19 cases at an almost empty B.C. Legislature press theatre in Victoria, B.C., on March 25, 2020. (Don Craig/B.C. government)
B.C. sees 223 new COVID-19 cases, now 2,009 active

Two new care home outbreaks in Surrey, Burnaby

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Canada’s Chief Public Health Officer Theresa Tam responds to a question during a news conference Friday October 23, 2020 in Ottawa. Canada’s top physician says she fears the number of COVID-19 hospitalizations and deaths may increase in the coming weeks as the second wave continues to drive the death toll toward 10,000. THE CANADIAN PRESS/Adrian Wyld
Canada’s top doctor warns severe illness likely to rise, trailing spike in COVID-19 cases

Average daily deaths from virus reached 23 over the past seven days, up from six deaths six weeks ago

Voters are saying they felt safe voting in person despite the current pandemic. (Phil McLachlan - Capital News)
Central Okanagan voters talk about their pandemic election experience

Despite an election taking place during COVID-19, residents said they felt safe voting in person

Efforts to replace the aging Rutland Middle School have been put off by another year by the ministry of education. (File photo)
Education ministry won’t replace Central Okanagan school anytime soon

New Westside Secondary top priority for ministry of education

Cole Collingwood casts his mock ballot at Vernon’s Mission Hill Elementary School ahead of the provincial election Oct. 24, 2020. (Brendan Shykora - Morning Star)
PHOTOS: Okanagan students cast mock election ballots

At Mission Hill Elementary, the election is a chance to learn about the democratic process

Thanks to efforts by a Kelowna shelter and Elections BC, anyone who wishes to can vote in the 2020 BC Provincial Election, even if they don’t have a fixed address. (THE CANADIAN PRESS/Darryl Dyck)
Kelowna group ensures people experiencing homelessness can vote

Shelter supervisor says voting ‘a fundamental right’ even for those without a fixed address

The Regional District of Okanagan Similkameen is planning to implement transit service in the West Bench area in September, 2021. (Black Press file photo)
Regional district to bring transit service to West Bench in 2021

Residents of area near Penticton will be consulted before plans are finalized

Most Read