Nonconsensual Insemination: Battery

Journal of Law and Social Deviance, Vol. 3, 2012

Posted: 3 Apr 2012

Date Written: April 3, 2012

Abstract

Nonconsensual insemination is a battery. It may be a simple battery, aggravated battery, or a sexual battery. Without having received unequivocal, expressed consent, a man who ejaculates inside of an intimate partner commits nonconsensual insemination, which is a battery. Expressed consent is required at each stage of sexual activity. Since insemination, i.e. ejaculating inside a woman, is not intrinsic to having unprotected sex for women or ejaculation for men, then it is an additional sex act that requires expressed consent. Arguments that require victims to use condoms as the best or only means for avoiding nonconsensual insemination amount to victim-blaming.

The transmission of disease through nonconsensual ejaculation is specifically prohibited by most states. Unwanted pregnancy that results from sexual battery is as an aggravating factor in many states. The government's demonstrated interest in preventing unwilling contact that causes harm, supports the proposition that reproductive coercion or reckless nonconsensual insemination should be routinely prosecuted. Prosecution should be acknowledged, socially and politically, as one way to reduce the number of unwanted pregnancies. The principles of therapeutic justice and the current trend to move away from incarceration for nonviolent offenses suggest that this crime should be met with court ordered education, counseling, and perhaps, public shaming (limited/temporary use of sex offender registries), but not incarceration in most instances.

Keywords: nonconsensual, sexual battery, sexual assault, simple battery, aggravated battery, therapeutic justice, unwanted pregnancy, express consent, implied consent, sex offense, victim-blaming, rape, short skirt, religious conservatism, liberal, criminal justice, pregnancy, abortion, abortion pill, ru486

Suggested Citation

Cusack, Carmen M., Nonconsensual Insemination: Battery (April 3, 2012). Journal of Law and Social Deviance, Vol. 3, 2012. Available at SSRN: https://ssrn.com/abstract=2033926

Carmen M. Cusack (Contact Author)

Nova Southeastern University ( email )

3301 College Avenue
Ft. Lauderdale, FL 33314
United States

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