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 New Jersey, reproductive coercion is not explicitly defined in the state statutes as a distinct criminal offense. However, certain aspects of reproductive coercion could potentially be addressed under existing laws related to sexual assault, harassment, or domestic violence, depending on the specific circumstances of the case. For instance, if reproductive coercion involves physical harm or threats, it might fall under domestic violence statutes. Despite this, the legal system faces challenges in addressing reproductive coercion, particularly when it involves deceit about birth control, due to the difficulty in proving such allegations. Furthermore, if reproductive coercion results in pregnancy, the law is clear that both parents have financial responsibilities towards the child. The perpetration of reproductive coercion does not absolve a parent from child support obligations, as child support is considered the right of the child and is determined based on the best interests of the child, not the conduct of the parents.