Abstract Background Unconsummated marriage (UM) is a frequent medico-legal and social issue in conservative societies, representing up to 17% of sexology consultations and a legally recognized ground for divorce in Tunisia. Determining whether sexual intercourse has occurred can be challenging, particularly when based solely on hymenal morphology, which may present normal anatomical variations. This study highlights the medico-legal difficulties in confirming or refuting UM in female partners. Methods Five medico-legal consultations were performed in the context of divorce proceedings for UM. For each case, a detailed genital examination was carried out to assess hymenal integrity and search for genital malformations. Psychiatric evaluation was systematically performed to investigate psychological or functional causes of sexual dysfunction. Results Case 1: 37-year-old, married 11 years; husband with premature ejaculation without penetration. Annular hymen intact with multiple physiological notches; no signs of habitual intercourse. Case 2: 30-year-old, married 1.5 years; absence of intercourse, claiming virginity. Semi-annular hymen, no signs of habitual intercourse. Case 3: 40-year-old, married 1 year 4 months; husband with erectile dysfunction. Semi-annular hymen, no signs of habitual intercourse. Case 4: 34-year-old, married 5 years; short-lasting erections without penetration or ejaculation. Annular hymen, no signs of habitual intercourse. Case 5: 35-year-old, married 4 years; erections without penetration. Semi-annular hymen, no signs of habitual intercourse. In all cases, the psychological interview revealed no evidence of psychiatric disorders that could cause sexual dysfuntion. Conclusions UM remains a complex issue where forensic evaluation must extend beyond hymenal inspection to include comprehensive physical, psychological, and sexological assessment. Expert reports are crucial in judicial decision-making. Preventive strategies, such as premarital sexual education and early management of sexual dysfunction, are essential to reduce UM incidence.
Manoubi et al. (Sun,) studied this question.