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 South Dakota, as in many states, reproductive coercion is not explicitly recognized as a criminal offense. This type of coercion involves deceptive practices related to birth control and protection against sexually transmitted diseases. While such behavior can lead to nonconsensual sexual contact, it is challenging to prove in court and typically does not fall under the standard definitions of rape or fraud. Consequently, even if reproductive coercion is alleged or proven, it does not affect a parent's obligation to pay child support. Child support is determined based on the best interests of the child and parental income, not on the circumstances of conception. Victims of reproductive coercion may seek remedies through other legal avenues, such as civil lawsuits for emotional distress or personal injury, but these cases can be complex and outcomes vary.