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 Virginia, reproductive coercion is not explicitly recognized as a distinct criminal offense under state law. However, certain aspects of reproductive coercion could potentially be addressed under existing laws related to sexual assault, domestic violence, or fraud, although these applications are not straightforward and can be legally complex. For instance, nonconsensual sexual contact may fall under sexual assault statutes, but proving that deception regarding birth control led to nonconsensual sex can be challenging. Virginia law does not provide for rape or fraud charges based specifically on misrepresentation about birth control use. Furthermore, if reproductive coercion results in pregnancy and childbirth, the legal obligation for child support remains unaffected. Both parents are responsible for supporting their child, regardless of the circumstances surrounding conception.