united-states criminal-law california parental-rights sexual-offences
Is there any cognizable ground for criminal prosecution for the surreptitious or unconsensual use of male reproductive cells or “spermjacking”?
<p>Bob, the founder of a Silicon Valley business on a high-growth trajectory, meets Alice, and they enter into a romantic relationship.</p>
<p>Sure enough, Alice informs Bob that she wants to be the wifey.</p>
<p>Bob, without hesitation, replies Alice that, if at all, only on as strict of non-exchange prenup conditions as allowed under the law; Alice agrees, and that Bob, under no circumstances, agree to be a father.</p>
<p>Alice agrees, and conveys no intention until any premeditated agreement is reached otherwise on parenthood. Bob and Alice continues in a romantic relationship where sex is, with reasonable caution, prevents impregnation.</p>
<p>Soon after and with the above-described prenup, Bob proposes to Alice. Alice, after seeking legal advice, presumably found no loophole on the document, she tries negotiating, but Bob stands his grounds, and informs Alice there is no room for haggle.</p>
<p><strong>GRAPHIC, OBSCENE OR LEWD CONTENT WARNING</strong></p>
<p>One night, Alice and Bob engages in a consensual sexual intercourse on the previously agreed non-baby, non-fatherhood, non-motherhood and non-impregnation conditions. At the moment when Bob ejaculates on the abdomen of Alice — something done on several occasions between the couple —, Alice, without the express consent or any implied indication of Bob, starts to shovel the reproductive matter of Bob into her genital tract, and continues and substantially finishes against the firm and express objection of Bob.</p>
<p>Alice also refuses to use water, soap or any female hygienic products to remove any reproductive matter of Bob; and refuses to use any postcoital contraception and so she remains with Bob’s continued objection to the potential fertilization and request that Alice prevents or ceases impregnation.</p>
<p><strong>END OF GRAPHIC OR OTHERWISE DISTURBING CONTENT</strong></p>
<p>[Alice have obtained the reproductive matter of Bob without Bob’s consent and against his objection]</p>
<p>Alice becomes pregnant, and Bob a father.</p>
<p>What crime or crimes did Alice commit; presume Alice premeditatedly obtained the reproductive matter of Bob on the premise she would not use it for a consensually prohibited purpose?</p>

<p>There is no cognizable grounds for a criminal prosecution in those circumstances.</p>
<p>There are also no cognizable grounds for Bob to deny paternity, or to bring a civil action against Alice. Bob will be obligated to pay child support and to have all of the responsibilities of an unmarried co-parent with Alice.</p>
