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What male reproductive choice after sexual coercion?

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  • What male reproductive choice after sexual coercion?

    What are your thoughts on a man, once it's proved beyond reasonable doubt that a woman coerced him into sex, having the legal right to retroactively declare the fetus a human life at conception?

    To prove sexual coercion beyond reasonable doubt for the purpose of allowing the man to legally declare the fetus a human life at conception, a prosecutor would need to prove it beyond reasonable doubt before an inquisitorial hearing and without any rape shield law. Once the state recognizes the child a human life at conception, the mother could be held criminally liable for harming the fetus either intentionally or through negligence (such as through drug use) and could even be incarcerated for the duration of the pregnancy precisely to protect the fetus.

    This law would not ban abortion per se though (such as when the abortion may be medically necessary), but would merely recognize the fetus a human life at conception.

    In the case of rape (the most extreme form of sexual coercion), the man would also have the right to claim exclusive parental rights to the child.

    I realize that such a law would be largely symbolic since, in most cases, sexual coercion is extremely difficult to prove beyond reasonable doubt. None-the-less, I think it would make at least some women think twice about coercing men into sex in any way.

    We could even consider making it explicitly legal to include in a marriage contract that would make the state recognize any child conceived within that marriage a human life as of conception unless a judge finds on a balance of probabilities that the child was conceived as a result of sexual coercion on the part of the husband.

    To my mind, such a law would be extremely reasonable. Any thoughts on this?
    Last edited by Marteno; 12-27-2017, 11:20 PM.
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