Reproductive Coercion and Legal Recognition: Views of Domestic Violence Support Workers and Lawyers

Nicola Sheeran,Laura Tarzia,Heather Douglas

doi:10.5204/ijcjsd.1704

Abstract

Reproductive coercion is increasingly recognised as a common part of women’s experiences of domestic violence. The term refers to behaviour that aims to compromise a woman’s control over her reproductive choices. It includes coercing a woman to become pregnant or to terminate a pregnancy and sabotaging contraception. There is no Australian research exploring how domestic violence support and legal services understand and respond to reproductive coercion when it is raised. Drawing on focus group discussions, this article questions the use of the terminology ‘reproductive coercion’ suggesting that ‘reproductive abuse’ may be more accessible. The article finds that the response to reproductive coercion in the legal context may be similar to sexual violence allegations, particularly regarding difficulties associated with reporting and with the victim being believed. This connection is worthy of further investigation. The article concludes that legislative change may improve the recognition of reproductive coercion.

Highlights

Reproductive coercion (RC) is a behaviour that compromises a woman’s reproductive autonomy
Despite the reluctance of courts to hear about RC incidents that occurred in the past, another legal service participant explained that the history of domestic violence (DV), including RC, may be important in establishing a pattern of coercive and controlling behaviour and a sense of ongoing threat for the woman who is seeking orders
Research recognises that RC negatively affects mental health, sexual and reproductive health as well as maternal and child health—and that it is a common tactic of coercive control in the context of DV (Marie Stopes Australia 2018: 7, 11)

Summary

Introduction

Reproductive coercion (RC) is a behaviour that compromises a woman’s reproductive autonomy. It includes compromising her ability to use, or have access to, safe contraceptive methods or forcing her to have a termination (Clark et al 2014). Perpetrators of RC draw on physical, psychological, sexual, economic and other strategies to maintain power and control over the woman’s reproductive choices (Miller and Silverman 2010). Behaviours associated with RC include sabotaging birth control such as throwing away contraceptive pills, forced unprotected sex, intentional misuse of condoms or financially preventing the woman from obtaining forms of contraception (Price et al 2019).

Background

Discussion and Conclusion

Ethics Approval