Argumentative Penguin
3 min readApr 17, 2024

--

You make some valid points - however whether she checks the condom or he checks receipts is irrelevant to the question at hand. They constitute the same thing and place the onus on the victim to discover they are being deceived. It may be easier for a woman to see the condom isn't being used than for the man to check evidence but that is by-the-by, you cannot shift responsibility onto someone being defrauded.

Lying about anything isn't the question - but there are legal precedents for rape by fraud. This wouldn't meet those criteria but we're dealing with unsettled law - and further to your 'women just keep their eyes closed during sex' point - most of those cases involve other women pretending to be men and using a dildo. See Gayle Newland and/or R vs McNallly. If you think all women are that observant during sex, you're failing to account for three year relationships with predatory lesbians and sex toys.

In 2019, a serial rapist was convicted of rape after consensual sex. Why? He told the victim he'd had a vasectomy. This was subsequently overturned on appeal in 2020 - in a large part because I think it would open a legal tsunami of cases about baby trapping - particularly in cases like these.

In the US, it might be worth looking up California and Daniel Kayton Boro. So yes, by my logic you can prosecute someone for lying but what constitutes vitiation of the sexual contract is complex - that is particularly the case with transgender individuals as you can imagine.

The extent of the harm caused is no mitigation against the guilt of the person doing the defrauding. One could also argue (and I wouldn't) that after 9 months a woman could give the baby up for adoption whereas a man might be held legally and financially responsible in perpetuity. I'm afraid fathering a child is also likely to affect a man's mental and/or physical health too.

And yes, men stealthing is universally considered sexual assault, but as you've pointed out, it is both easier to catch and more prevalent. Once again, that doesn't mean that what is being discussed in this article ISN'T sexual assault, it would be harder to prove sure, prosecutions might be rarer....

but feminism means equality under the law. I think the situations have a degree of parity and should be treated fairly under the law. How many of those cases in which men commit 'financial abortion' was the man trapped without his consent and how many times was he simply a blundering penis without control. We don't know, the stats aren't there.

However, I personally know two men who have reported this trap being happening to them. In one case the mother not only reported being on birth control and not wanting a baby, she also informed the man she was allergic to latex and so he couldn't wear a condom. Like you said, it might be tone deaf to discuss such things, but if we want to do feminism properly then we have to have complicated discussions. And yes, rights are being actively violated at a governmental level in your country, that is not the same as everywhere in the world. The US is not the universal constant ;o)

I like your style and I like how you argue. So come debate me on home ground. https://medium.com/p/33e674e83a37

--

--

Argumentative Penguin
Argumentative Penguin

Written by Argumentative Penguin

Playwright. Screenwriter. Penguin. Fan of rationalism and polite discourse. Find me causing chaos in the comments. Contact: argumentativepenguin@outlook.com

No responses yet