Reproductive Coercion Connecting the Dots: Coerced Pregnancy and Domestic Violence Katherine Kerr

Outline What is Reproductive Coercion? Why is it relevant to legal practitioners? How to ask aboutdisclosures of RC Support services Systemic issues to be aware of

About us Counselling, information and education services on all options with an unplanned pregnancy Abortion Adoption Parenting Pro-choice and client-centred

Reproductive Coercion Interference with reproductive and sexual autonomy Pregnancy Promotion Contraceptive Sabotage Pregnancy Outcome Control Before Sexual During Sexual Post Intercourse Intercourse Conception

Pregnancy Promotion Pressured, coerced or forced by their partner to become pregnant against their wishes Unprotected sex pressure Threats Monitoring menstrual cycles Forced ovulation kits and pregnancy testing kids Monitoring for signs of pregnancy Physical or sexual violence

Contraceptive Sabotage and Interference Reproductive preferences are ignored or disregarded by her sexual partner through behaviours that prevent effective contraceptive use Regardless of intention Contraception destroyed Vaginal rings taken out Intrauterine devices removed Medical appointments sabotaged Prevent access to Morning After Pill Fertility Awareness Methods ignored

Intimate Partner Sexual Violence and Sexual Coercion Forced sexual activity Unwanted sexual activity where the victim is pressured, tricked, threatened or forced in a non-physical way Pregnancy promotion and contraceptive interference may include forced unprotected penetrative sex Elevated risk of serious harm and intimate partner homicide Risks of pregnancy as a strategy to prevent her leaving

Pregnancy Outcome Control Control over the outcome of the pregnancy for it to end in either abortion or birth Threats to kill or harm Shaming her for her decision to terminate Sabotaging her abortion appointment --- Violence to cause a miscarriage Forced abortion Preventing prenatal care

Contraception and Sex in Domestic Violence DV does not facilitate safe negotiation of contraception or sex RC often co-occurs with other violent, controlling behaviours Fear to negotiate contraception or sex Women may “consent” to sex to prevent escalation of physical violence Reproductive agency vs. Loss of safety in enforcing reproductive agency

Coerced Pregnancy and Parenting Unintended pregnancy 4x more likely to experience physical violence from a partner Having children in a violent relationship decreases the likelihood and ease of separation Fears for children’s safety in his care Fears for children’s wellbeing from exposure to violence Fears children will be used by him in revenge Barriers of Family Law system

Motivations for Perpetration Masculine gender ideologies around fertility Beliefs that men who have many children are powerful Guarantee continued connection with their victim through pregnancy and co-parenting Belief that they have ownership of women and their fertility

Identifying Reproductive Coercion Past Warning signs of potential past RC Many children, close together in age Indicators of other high risk factors

Identifying Reproductive Coercion Present Is there any chance you could be pregnant? How are you feeling about the pregnancy? Would you like to discuss your options? Are you worried about becoming pregnant? Are you using contraception? How does your partner react to, or influence, your contraceptive choices? Would you like some information on your contraceptive options?

Language ✓ Pregnancy Gestation / Weeks “The best decision” “Man involved” Continue / End ✗ Baby Early / Late Right / Wrong Dad / The Father “Keep it” / “Get rid of it”

Contraception and DV https://www.childrenbychoice.org.au/forprofessionals/recognisingviolenceandcoercion/contraception-and-violence

Abortion Regulated at a State or Territory level Criminal law Health law Combination of both Abortion is a criminal offence in Queensland Still available through GPs and private, accredited clinics WHO – abortion is one of the safest and most common medical or surgical procedures when performed by a qualified health professional

Abortion Law in Queensland Criminal Code 1899 (Qld) s 224 Attempts to procure abortion Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a crime, and is liable to imprisonment for 14 years. s 225 The like by woman with child Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a crime, and is liable to imprisonment for 7 years. S 226 Supplying drugs or instruments to procure abortion Any person who unlawfully supplies to or procures for any person anything whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

Lawful Abortion in Queensland Abortion may be lawfully performed where there is: An honest and reasonable belief that the abortion is necessary to prevent serious harm from occurring to the pregnant woman AND The abortion is not disproportionate to the harm sought to prevent R v Davidson (1969) VR 667. K v T [1983] 1 Qd R 396 (civil) R v Bayliss and Cullen (1986) 8 Qld Law Reps 8. R v Brennan and Leach [2010] QDC 329. https://www.health.qld.gov.au/__data/assets/pdf_file/0018/140733/g-ttop.pdf

Conclusion Remain client-centred and non-judgmental Do not become complicit in the perpetrator’s reproductive coercion Identify issues Provide options and referrals and support

Referral Agencies Children by Choice 1800 177 725 Counselling, information and referral True (formerly Family Planning Qld) www. true.org.au Clinical services: contraception Contraceptive Services, Abortion Clinics and Providers: https://www.childrenbychoice.org.au/forwomen/abortion/clinicsqld