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Sex a constitutional right in Italy

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ROME, May 12 (UPI) -- Italy's Supreme Court has come down on the side of a woman who wants her ex-husband to pay for not telling her he was impotent before they married.

The high court ruled the man abused his former wife's "right to sexuality" and deprived her of her right to become a mother, the BBC reported Thursday.

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A lower court in Palermo, Sicily, will decide how much the man will have to pay the woman, who had the marriage annulled.

The couple did not have prenatal sex and their wedding night was disasterous, the woman said.

Her initial try at getting him to pay damages was rejected by a Palermo court, which said he could not be held responsible for a medical ailment.

But the Supreme Court overturned that ruling saying Italy's Constitution upheld a spouse's right to sex.

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