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 Montana (MT), reproductive coercion is not explicitly recognized as a distinct criminal offense under state law. However, certain aspects of reproductive coercion may intersect with existing criminal laws, such as those related to sexual assault or partner/family member assault, if the behavior involves force or threats of force. Despite this, the specific act of deceiving a partner about birth control or STD protection is not typically addressed as a form of sexual assault or fraud in Montana's statutes. Furthermore, the challenges in proving intent and deception in such cases contribute to the lack of legal recognition for reproductive coercion as a separate crime. It is also important to note that regardless of any reproductive coercion that may have occurred, both parents are still legally obligated to support their child financially. This means that child support responsibilities are not affected by allegations or evidence of reproductive coercion.