Reproductive coercion is the deception, lying, or deceit by one sexual partner of the other regarding the partners’ agreed birth control and sexually-transmitted-disease-protection practices. Reproductive coercion can take many forms, and may be perpetrated by women or men. For example, one partner may falsely represent to the other partner the use or continued use of birth control, or otherwise sabotage the partners’ agreed birth control practices. Although this behavior may result in nonconsensual sexual contact, the law generally does not recognize rape or fraud charges based on such behavior—due in part to the difficulty in proving such matters. And the allegation or proof of such behavior will not change a parent’s child support obligations.
In California, reproductive coercion is recognized as a form of intimate partner violence and is addressed under various laws. While there is no specific statute that criminalizes reproductive coercion as a standalone offense, it can be encompassed under broader sexual battery and domestic violence statutes. For instance, California Penal Code Section 243.4 defines sexual battery, which could potentially include some forms of reproductive coercion if it involves harmful or offensive touching. Additionally, under the California Family Code, domestic violence is defined to include coercive behavior, which could cover acts of reproductive coercion. However, as the summary indicates, proving such cases can be challenging due to the difficulty in establishing the deceit or sabotage of birth control practices. Furthermore, regardless of the circumstances of conception, once a child is born, both parents have an obligation to support the child financially, and allegations of reproductive coercion do not exempt a parent from child support responsibilities.