Consent-based laws and aggregate fertility
This article explores the impact of consent-based laws on fertility and sexual behavior in European countries. It finds that such legislation leads to a 4% decrease in fertility, primarily due to reduced couple formation and increased abortion rates. The study suggests that changes in risk perceptions and dating behaviors contribute to this decline.
- ▪Switching to tacit consent-based legislation reduces fertility by about 4% relative to the mean.
- ▪The decline in fertility is driven by a decrease in couple formation and an increase in abortion rates.
- ▪Contraceptive use rises among younger women but declines among older age groups.
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Consent-based laws and aggregate fertility by Tyler Cowen June 3, 2026 at 1:15 am in Data Source Medicine This paper examines how expanding the legal definition of sexual assault affects fertility and sexual behavior, using a panel of European countries. I find that switching to tacit consent-based legislation reduces fertility by about 4% relative to the mean. This effect is driven by a decrease in couple formation and an increase in abortion rates. Supporting evidence is consistent with a behavioral channel in which more risk-averse individuals withdraw from dating and partner markets following the reform, altering the composition of those who remain active toward a pool that is less precautionary.
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