Carol Sanger, ‘The Lopsided Harms of Reproductive Negligence’

The concept of reproductive negligence is probably not unfamiliar to men and women of child-bearing or child-begetting age. Many a restless hour has been spent worrying about the consequences of a skipped pill, an abandoned condom, or some other form of contraceptive carelessness. The general rule in such circumstances is that the injured party has no recourse in tort against a sexual partner whose negligence resulted, say, in a pregnancy. (Interestingly, liability may arise as the result of the negligent transmission of herpes.) To be sure, not all reproductive misconduct is negligent; some is intentional, as when a sexual partner tampers with his partner’s birth control or lies about the use of contraception. But here, too, no liability attaches for the harm of an unwanted pregnancy …

Carol Sanger, The Lopsided Harms Of Reproductive Negligence, Columbia Law Review Online, volume 118 (11 December 2017) pp 29-47.

First posted 2017-12-13 13:17:57

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