Swami Nithyananda: Not just a potency test!!🔗

Bengaluru: Swami Nithyananda was tested for among other things, 'Unnatural Sex'!

It's a measure of relief for him and his followers, that the tests revealed that here were no clinical signs to suggest that the person was involved in unnatural sexual acts according to sources.

'Unnatural sexual acts' are classified as criminal acts under Section 377 of the Indian Penal Code. However, the section does not describe what unnatural sex is, but is usually used for cases of sodomy.

In another, case, Raghaveshwara Bharati swami has challenged the constitutional validity of the Criminal Procedure Code Sections 53 and 53(A) which permits such medical examinations (the judgment in this case is pending).

The Cr.PC defines medical examination that "shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case." The clause "any such other tests" which doctors deem fit is the cause for worry for people accused of sexual assaults.

Not potency alone...

While the term 'potency test' has been used in general terms for medical tests, it is more than just determining if the person accused of rape is physically capable of the act. Among the tests conducted on Nithyananda include a penile Doppler study which checks if he has erectile dysfunction. If it is positive, it rules out the person's capacity to commit rape using his sexual organ. The tests could be done only in a flaccid state as "he refused consent for Penile Doppler study." The second test was of his testosterone levels which were found to be low. The third test was for HIV which was found negative. The fourth test was for three strains of herpes, which the Nithyananda ashram had alleged the woman who alleged the rape had. Nithyananda's results on that count were found negative. Blood tests found that he did not have anaemia and blood cell components were produced normally. The report also says, "The tests done in the blood do not point towards any sexually transmitted disease."

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(https://www.newskarnataka.com/bangalore/complaint-against-sandalwood-actor-for-sexual-complaint-harassment-blackmail) (https://www.newskarnataka.com/bangalore/complaint-against-sandalwood-actor-for-sexual-harassment-blackmail)

THE STATE MEDICAL TEAM DID NOT CONCLUDE ANY OF THE ABOVE MEDICAL FACTS AND IN FACT INTENTIONALLY CONCEALED THEM, AND GAVE A ‘DOUBLE NEGATIVE’ OPINION.

This categorically brings out the gross unethical medical practises of the medical fraternity at the Victoria Hospital, Bangalore. This State medical panel grossly violated the medical ethics and responsibility of doctors by not giving fair, true and accurate report from the tests results.

1. Robert Di Loreto, M.D., the Chief Operating Officer of Michigan Institute of Urology, the Chairman of Urology at St. John Hospital and Medical Center in Detroit, Michigan, USA.

Extracts of AFFIDAVIT of Dr. Robert Di Loreto on 11 July 2013 with a “Notary Public of Michigan Macomb County”

intercourse, is also indicative that the alleged incidents of rape/sexual abuse are false.

(Read the full affidavit by Dr. Robert Li Loreto here)

2. Mark W. Vogel, M.D., F.A.C.S., American Board of Urology, Clinical Professor of Urology and Family Medicine in University of Southern California.

Medical Expertise

Extract of AFFIDAVIT of Mark W. Vogel, M.D., F.A.C.S - the declaration signed on 17th December 2014 under the laws of the United States of America as true and correct.

MARK W. VOGEL, M.D., F.A.C.S. DIPLOMATE, AMERICAN BOARD OF UROLOGY 2080 CENTURY PARK EAST, SUITE 1407, LOS ANGELES, CA 90067 (310) 662-2973 TEL - (310) 277-2924 FAX AFFIDAVIT OF MARK W. VOGEL, M.D., F.A.C.S.

I, DR. MARK VOGEL, declare as follows:

1. I have over 31 years of experience as an urologist. My full Curriculum Vitae, Exhibit A, is attached.

2. I am board-certified urologist in the State of California (USA) and a member of the teaching faculty for the Urology Residency Program at Cedars-Sinai Medical Center.

3. I was the past chief of the Division of Urology and Vice-Clinical Chief of the Department of Surgery at Cedars-Sinai Medical Center, with staff positions at Cedars-Sinai and University of Southern California (USC).

4. My practice emphasizes all areas of urology.

5. I am a Qualified Medical Evaluator (QME) for the State of California.

6. In addition to being a fellow of the American College of Surgeons, I am a member of numerous local, state and national medical organizations.

7. I completed my medical education at the USC Keck School of Medicine and performed my internship and residency at the Los Angeles County-USC Medical Center.

8. I actively teach at the University of Southern California, where I am a clinical professor of Urology and Family Medicine.

9. This is my report and conclusions with respect to the medical records of Sri Nithyananda Swami (the "Patient"), produced by the Bangalore Medical College & Research Institute, Victoria Hospital, Bangalore ("Victoria Hospital Report").

AFFIDAVIT OF MARK W. VOGEL, M.D., F.A.C.S. that the volume indicated by The Victoria Hospital medical team may be discrepant from actual testicular volume of the Patient.

21. The report also refers to the psychological assessment of Sri Nithyananda Swami. When questioned during his psychological examination, Sri Nithyananda Swami gives a clear history of his body being unresponsive to sexual urge, no sexual activities during his lifetime, no history of masturbation or wet dreams or any erections. The Victoria Hospital medical team refers to the psychological exam in their report, but has neither disputed these unique findings in their report nor do they seem to consider these findings as supportive data acquired that indicate Sri Nithyananda Swami would be incapable of sexual acts.

22. Further, the systemic examination conducted by the Victoria Hospital medical examination team observed Sri Nithyananda Swami's judgment to be "intact" and that his thought stream as "Normal". Also, the psychological examination did not reveal any evidence of psychopathology, In my opinion and experience, these findings go to the reliability of the patient's statements referred to in the previous point.

23. In my opinion, Sri Nithyananda Swami has all the three causes of erectile dysfunction: vasculogenic, hormonal and psychological, which provide enough clear evidence to support Sri Nithyananda Swami's claim that he is incapable of sexual acts and thus did not perform rape and unnatural sex.

I declare under penalty of perjury under all the laws of the United States of

America that the foregoing is true and correct.

This declaration is signed December, 17 2014 at Los Angeles, California.

MARK VOGEL, MD

AFFIDAVIT OF MARK W, VOGEL, M.D., F.A.C.S.

(Read the full affidavit by Dr. Mark here)

3. Dr. Manmohan Kumar, a registered medical practitioner in Internal Medicine in California, USA

Extract of Affidavit of Dr. Manmohan Kumar I conclude based on the above findings that Sri Nithyananda Swami is incapable of sexual intercourse due to the obvious erectile dysfunction.

Read the full affidavit of Dr. Manmohan Kumar

I had the opportunity to examine Sri. Nithyananda Swami, on 25 March 2007 at California in USA around lunchtime. Sri Nithyananda Swami presented for a full general physical consultation in view of his unique medical and other experiential history. The observations of my history and clinical findings are as follows:

Conclusion:

Sri Nithyananda Swami, presented with features suggestive of Hypogonadotrophic Hypogonadism, and complete absence of a functional erection with concomitant hypertension.

I conclude based on the above findings that Sri Nithyananda Swami is incapable of sexual intercourse due to the obvious erectile dysfunction. He has been advised to undergo further tests, including hormone levels in order to elicit the possible cause of erectile dysfunction.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

This declaration is signed on the 3rd of February 2015 at Diamond Bar, California.

Signed,

Dr. Mahmoham Kumar (M.D.)

4. Umakant Khetan, M.D., F.A.C.S, the Medical Institute of Clinical Research, Los Angeles, CA

Medical Experience

Extracts of AFFIDAVIT of Umakant Khetan

(Read the full affidavit by Dr. Umakant)

7. In the findings relating to the psychiatric and psychological assessment of Sri Nithyananda Swami, there is a clear history of his body being unresponsive to sexual urge, no sexual activity during his lifetime, no history of masturbation, wet dreams or erections. The psychiatric team has not disputed this history in the report, though these findings indicate a psychological cause of Erectile Dysfunction. All they have reported is that Sri Nithyananda Swami has an intact judgment and there was no evidence of psychopathology.

8. Notably, there are glaring discrepancies between the actual results of the patient and the conclusion drawn by the board of physicians in the Victoria Hospital report.

9. Finally, having long standing diabetes, hypertension and Dyslipidemia, along with the medications one has to take for these conditions, has a significant negative impact on the vascular and neuropathic flow to the penis, again causing significant compromise of the erectile function.

10. In conclusion, in my more than 30 years of experience, having seen and treated hundreds of cases of erectile dysfunction, I can say that a person with these objective and subjective findings would most likely, not be able to have spontaneous erections or sexual intercourse.

I declare under penalty of perjury under all the laws of the United States of America that the foregoing is true and correct. This declaration is signed on the 12 day of December 2014 at La Canada.

UMAKANT KHETAN, MD

5. Dr (Col) K Ravindran Nair, BSc, MBBS, MS, MCh (Urology), the Medical Director and Senior Consultant in Andrology at Dr. Promodu’s Institute of Sexual & Marital Health

Medical Experience

Extract of Affidavit of Dr (Col) K Ravindran Nair

(Read the full affidavit by Dr. Ravindran)

6. Dr. Gerald B. Brock, Urologist and Surgeon, of the City of London, Province of Ontario, Professor of Surgery, in the Faculty of Medicine, Division of Urology, University of Western Ontario.

(Read the full affidavit by Dr. Gerald Brock)

Gerald Brock, MD FRCSC

Professor

Department of Surgery

Division of Urology

Schulich School Of Medicine and Dentistry

Western University London Ontario

RE: Sri Nithyananda Swami

I, Dr. Gerald B. Brock, Urologist and Surgeon, of the City of London, Province of Ontario,

hereby MAKE OATH AND SAY: 16. The laboratory values all confirm a hypogonadal state, in which testosterone, LH and

testes size are all below the normal range. The evidence would support his claims about

absent sexual drive and would be consistent with a higher probability of impaired or absent

function. Additionally, among men with longstanding hypogonadism, the likelihood of

impaired veno-occlusion is thought to elevated and probably represents a significant

contributing factor in many men under age 50 who have erectile dysfunction.

17. Based upon my review of defendant's attached records, the tests have shown no

evidence of a sexually transmitted disease. This would be another piece of evidence that would

serve in my opinion, to discount the claims of unprotected sexual intercourse between

defendant and his accuser.

18. It seems curious that the final evaluation of the Government Medical Panel was

inconsistent with the vascular study in which impaired cavernosal arterial was noted, the

ultrasound report where reduced testicular size measured and the biochemical analysis of

testosterone which is clearly deficient, yet they believe the defendant has no evidence of

impaired erectile function. Additionally, his medical history of diabetes and hypertension

would increase his risk of erectile dysfunction statistically to greater than 50% likelihood, in the

absence of any other evidence, of which there is an abundance.

19. My opinion based on the available evidence as cited above, is that, the balance of

probability would support the defendant's claim of impaired erectile function.

Respectfully yours,

Gerald Brock MD FRCSC

December 17, 2014

Sworn before me

this 18th day of

Dec, 2014

Division of Urology, Department of Surgery

Schulich School of Medicine & Dentistry • Western University

St. Joseph's Hospital, London, Ontario N6A 4V2

7. Dr. Bradford T. Black, the President of Northeastern Ohio Urological Surgeons

Dr. Black disagreed and refuted the conclusion of the State Medical committee. He highlighted the explicit areas where the doctors at Victoria hospital, Bangalore gave totally wrong conclusions in their report.

(Read the full affidavit by Dr Bradford) i. The Patient has been diagnosed with hypertension since 2003 and diabetes since

2004. This results in years of blood vessels being destroyed and ultimately blocking sufficient vascular flow to create erections. j. Based upon my experience, education, training, and review of the Medical Records, it is my opinion that the Patient suffers from all the primary and most common causes of erectile dysfunction: hormonal and vasculogenic secondary to diabetes and hypertension. k. Based upon my experience, education, training, and the evidence contained in the Medical Records, in my medical opinion, I do not believe that he could have an erection to have sexual relations.

13. In addition, I reviewed and disagree with the conclusions of the Medical team, which are attached to the Medical Records in Exhibit B that are inconsistent with my opinions above. Indeed, the Medical team's opinions are contradictory to the actual testing results. For example, the Doppler test results show "insignificant blood flow," but yet the committee's opinion states "normal flow." Likewise, under the Doppler examination, the findings explicitly state, "significant varicocele seen on either side," but yet the final committee opinion states "no clinical evidence of varicocele." Further, the testicular volume would have been automatically calculated by the Doppler. In this case the Doppler report does not mention testicular volume but appears only in the final conclusion.

Affiant further sayeth naught.

Dr. Bradford T. Black, M.D., FACS

SWORN TO before me and subscribed in my presence this 17th day of December 2014.

Notary Public Jeffrey A. Willis, Attorney At Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date Sec. 147.03 R.C.