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 Mexico, reproductive coercion is not explicitly defined in the state statutes as a distinct criminal offense. However, certain aspects of reproductive coercion may intersect with other legal areas such as sexual assault, domestic abuse, or fraud. Despite the lack of specific legislation addressing reproductive coercion, it is recognized as a form of control that can be part of a pattern of domestic violence. New Mexico law does provide protections against domestic abuse, which could potentially cover some behaviors associated with reproductive coercion. However, as the summary indicates, proving such cases can be challenging due to the difficulty in proving deceit or sabotage in intimate relationships. Furthermore, regardless of whether reproductive coercion has occurred, the state's child support laws require both parents to financially support their children, and allegations of reproductive coercion do not exempt a parent from this obligation.