Coercive Consent
IowaA 1935 newspaper article from California demonstrated that state and medical officials could also sometimes sidestep consent from an individual or family. On March 19, 1935, The San Francisco Examiner reported the stories of two women from Contra County who were unwilling victims of sterilization. One woman, Frances Herrera, stated:
I was starved into submitting to the operation by Mrs. McCord [Ruth McCord, fugitive relief director] … She withheld food from me and my five sons and five daughters for four months. I agreed when I couldn’t stand it for the children’s sake any longer. My husband refused to sign the release. Now he has left me — he said he wanted a normal wife and the operation has broken my health.
Although California never formally institutionalized Herrera like the majority of documented sterilization victims in the state, nor did the state technically force her to agree to sterilization, her testimony demonstrated that state officials could use other methods to drive individuals to accept sterilization procedures that they did not want. The other woman featured in the story, Theresa Sweeney, explained:
When my husband, John, was laid off by an oil company, Mrs. McCord made our life a hell on earth. She cut off our food, gas, and light, and had us ejected, saying we could have help if John would submit to the operation. … I have only two children, John, 4, and Kathleen, 3. Kathleen was born in January 1933. I went back to the hospital shortly afterwards for a minor operation. I don’t know what they did to me, but we haven’t had any children since then.
Sweeney’s belief that she was sterilized without consent or knowledge during a routine medical procedure in California was not an outlying experience. As historians and documentary filmmakers have shown, medical professionals in California withheld pain medication during labor to coerce patients into agreeing to sterilization, or at other times performed sterilization procedures upon women without their consent. This practice resulted in the 1978 class action lawsuit, Madrigal v. Quilligan, in which a group of Latina women sued the Los Angeles County-USC Medical Center for performing coercive sterilization procedures while they received gynecological or obstetric care. Together, these testimonies reflected that consent could result from coercion and did not necessarily mean that individuals willingly agreed to these procedures.
This page has paths:
- Sexuality, Reproduction, and the Body Gianna May Sanchez
- California Jacqueline D. Wernimont