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 West Virginia, reproductive coercion is not explicitly recognized as a distinct criminal offense under state law. However, certain aspects of reproductive coercion may fall under broader categories of criminal behavior, such as domestic violence or sexual assault, if they meet the necessary criteria defined by state statutes. For instance, if reproductive coercion involves physical harm or threats, it could potentially be addressed under domestic violence laws. Despite the challenges in proving reproductive coercion, particularly when it involves deception about birth control, it does not absolve a parent from child support obligations. If a child is conceived, both parents are responsible for supporting the child, regardless of the circumstances of conception. It's important to note that the legal landscape is complex and evolving, and individuals affected by reproductive coercion should seek advice from an attorney to understand their rights and options under current West Virginia law.