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Family Violence and Pregnancy - Recognising Reproductive Coercion

Thursday July 20, 2023

Family Violence & Pregnancy - Recognising Reproductive Coercion

Earlier this year, we published an article on family law and reproductive rights and specifically, whether a termination of pregnancy can be the subject of an order by the Family Court.

Pregnancy can also interact with matters of family violence. Women are at an increased risk of family violence whilst they are pregnant. Where there is already family violence within an intimate relationship prior to pregnancy, the severity of violence will likely increase during the pregnancy.

Women may also be subjected to family violence that specifically relates to the pregnancy itself.

Coercive control in relation to pregnancy

The term “coercive control” in relation to family violence has received significant attention in recent years and is correlated with a risk of domestic harm and homicide. Queensland is set to become the first state to criminalise coercive control by the end of 2023.

In our previous article, we referred to several cases where injunctions were sought to stop a woman from lawfully terminating her pregnancy. Those cases took place in an era before “coercive control” was termed. Looking back on them now, issues of reproductive coercion (coercive control in relation to issues of pregnancy and birth) are apparent in those cases.

Reproductive coercion – what is it and how common is it?

Reproductive coercion, in broad terms, refers to interference with a person’s reproductive autonomy. Some examples are: where a woman is pressured into pregnancy against her will; a person has his or her contraception sabotaged or denied by another person; or is otherwise prevented from having control, decision-making power or access to reproductive health options by another person. It is usually seen in conjunction with other forms of family violence, such as psychological and emotional abuse, and financial violence, however it can be present with or without other forms of family violence.

Like most forms of family violence, reproductive coercion overwhelmingly affects women. The most widely publicised case of reproductive coercion in recent times is that of Britney Spears. Britney claimed that her conservatorship would not allow her bodily autonomy over the decision to remove her intrauterine contraceptive device (IUD) thereby preventing her from becoming pregnant, despite her expressed desire to do so.

Coercion may take place by way of psychological or emotional violence or may be perpetrated by threats of physical harm if a woman does not become pregnant, continue her pregnancy or terminate her pregnancy. Reproductive coercion usually – but not always – is perpetrated by an intimate partner. It can also be perpetrated by a third party such as a family member or carer, particularly where a woman is disabled or otherwise vulnerable.

Reproductive coercion overlaps the areas of domestic violence and sexual assault but may not fall neatly into either category. Rape or sexual assault with the purpose of impregnating a partner can constitute reproductive coercion.

There is no reliable data in Australia demonstrating the prevalence of reproductive coercion. It is believed to be more common than is currently known. One study in the USA found that 35% of women attending a family planning clinic said they had experienced reproductive coercion.

Why isn’t there legislation preventing reproductive coercion?

Whilst none of the legislation refers to reproductive coercion or pregnancy-related family violence specifically, the various legislation governing domestic violence orders (which varies from state to state) does refer to coercion and coercive behaviour. The legislation therefore does prevent reproductive coercion insofar as the behaviours that lead to it likely themselves constitute family violence.

As the legislation changes to include “coercion”, we may see specific references to reproductive coercion included. It would assist victims to identify this behaviour as family violence if referred to explicitly.

How can family lawyers assist in relation to these issues?

We regularly meet clients who are not aware or not certain that they are victims of family violence, particularly in situations where gaslighting and undermining form part of the coercion.

If you are being subjected to behaviour which you believe may be coercive control, reproductive coercion, or another form of family violence, then you may be assisted by obtaining a family violence protection order and/or orders from the family law courts in relation to property, children or spousal maintenance.

If you identify your former partner’s behaviour as controlling, you may find it difficult to navigate the family law process without legal assistance. Often, family violence perpetrators who carry out coercive control make problematic litigants.

Our team

Our family lawyers have significant experience in sensitively navigating matters of family violence and coercion and can assist clients to navigate the difficult path of resolving family law matters where these concerns are present.

Our principal family lawyer, Emmalaura Messer, has additional qualifications in matters involving high conflict litigants, which often involve issues of family violence and coercion. Whist working with clients towards suitable legal outcome, Emmalaura assists clients to reshape their interactions with their former partner to reduce future conflict.

Our family law team can be contacted on 03 9629 7411 or via a form on our Family Law website page.

Disclaimer: The content provided in this publication is intended for general informational purposes only and should not be construed as tailored advice to address specific individual or organisational circumstances. While we strive to offer accurate and up-to-date information, we cannot guarantee its accuracy at the time of receipt or its continued accuracy in the future. Readers are encouraged to seek professional advice or consult relevant authorities regarding their unique situations.