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i was wondering if you could talk a bit about the laws that make tampering with your partners birth control illegal & the laws regrading rape by deception i was trying to explain how they work to a friend & just can't seem to find the right wording without getting into legal jargon that she doesn't understand
Interestingly enough, some of this information is a bit harder to come by or it’s extremely convoluted (i.e. there may not be a direct law covering a certain topic specifically, but other laws can be used to cover said topic, but also may not work in some cases, etc.) Also, I’d like to apologize in advance for this being so Western Centric! Anyways, I’m hoping this helps:
*Before reading below, if you’d like to learn more about reproductive and sexual coercion, intervention, and creating a safe environment for assessment and disclosure, read the Reproductive and Sexual Coercion; The American College of Obstetricians and Gynecologists Committee Opinion.
Tampering with your partner’s birth control:
- In Canada, the Supreme Court decided in the case of R. v. Hutchinson that sabotaging birth control without your partner’s consent is deemed as aggravated assault/sexual assault.
- Reproductive coercion [which birth control sabotage is part of] is NOT criminalized in the United States:
- ”Although the anti-choice community frequently pushes to strengthen the legal protections against ‘coerced abortion,’ it’s not currently against U.S. law to tamper with a [person’s] birth control to try to trick [them] into getting pregnant.” [x]
- ”While modern tort law may provide important remedies for some survivors of birth control sabotage, alone it is insufficient to provide relief to those survivors who concurrently endure other forms of domestic violence or whose abusers do not have the resources to pay higher child support.” [x]
- In Mexico, where abortion is illegal, an abortion can be permitted to a person who has become pregnant due to birth control sabotage, but it does not quite list any laws that would criminalize birth control sabotage (that I could find).
Also, in case anyone’s wondering, reproductive coercion and birth control sabotage is pretty common in the states, unfortunately.
Laws regarding deceptive rape:
- “Rape-by-deception” is almost universally rejected in American criminal law. The only places in the U.S. that seem to be making strides to try and make rape-by-deception criminalized is:
- R. v. Cuerrier: “In Canada, a Supreme Court Justice has stated that rape is committed whenever sex is procured through dishonesty." [x]
Sorry if this wasn’t what you were hoping for, it’s not exactly what I was hoping for either. Canada seems to be on track by criminalizing reproductive coercion, but American laws regarding this issue are lacking and need plenty of work. If I have missed anything, which may be likely as there are many laws out there, feel free to add to this! - Paige
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