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 York, reproductive coercion is not explicitly recognized as a criminal offense under state law. However, certain aspects of reproductive coercion may intersect with other legal areas. For example, nonconsensual sexual contact can be prosecuted under New York's sexual assault laws. While deception regarding birth control does not typically constitute rape or fraud in New York, it can be considered a form of manipulation or abuse within the context of domestic violence. New York's Family Court Act and criminal statutes address various forms of domestic violence, which could potentially encompass some behaviors associated with reproductive coercion. Nevertheless, as the summary indicates, proving such matters in court can be challenging. Additionally, regardless of the circumstances surrounding conception, both parents have a legal obligation to support their child financially, and allegations of reproductive coercion do not absolve a parent from child support responsibilities.