Apps for sexual consent: is this the future?
Author: Professor Joyce Harper
Weekly we hear of court cases where couples disagree about sexual consent. A major problem has been when alcohol or drugs are consumed and there is a lack of memory or change of view relating to consent.
The Thames Valley Police in the UK have made a powerful video which is on YouTube called – Consent – it is as simple as tea. It covers most of these issues.
Sweden is going to implement a new law that requires explicit consent before sexual contact. More countries are following their example. Having a written copy of a legal contract signed before each sexual encounter is probably not a viable method of consent but could technology help?
This week a new app has been announced by Dutch company, LegalFling. LegalFling still has to receive the approval of Google and Apple before it can be downloaded. The company are asking for support for the app.
Legalfling hopes their app will streamline the act of seeking consent. They aim to record sexual consent in a legally binding agreement called a Live Contract. The app is created using blockchain technology, which means any transactions are stored and timestamped in the blockchain (a blockchain is a continuously growing list of records, called blocks, which are linked and secured using cryptography).
With Legalfling you configure the app with your personal preferences which you message to your fling before things go further. This ensures you can be sure of each others boundaries. WhatsApp, text message, or Facebook message are used to send the information.
LegalFling is not the first consent app. Already in use are SaSie and We-Consent.
SaSie (safe and secure intimate encounters) is a ‘affirmative consent app for everyone’ which was developed for use on USA campuses. It is a binding agreement which compels two students to conduct an intimate relationship in a manner which is compliant with affirmative consent policies. Affirmative consent was developed in the USA for university students. The legislation, which was introduced as a direct response to the current sexual assault crisis on college campuses, defines consent as an “affirmative, conscious, and voluntary agreement to engage in sexual activity. With SaSie you open the app with your partner, read and sign a contract, take photos of your IDs, and save the contract with a password.
We Consent is an “affirmative consent app suite”. It resides on the phone and “is a constant reminder that discussion comes first.”
Is a consent app a practical way to confirm sexual consent? It may help with a legal case in the event of being accused of sexual misconduct. We should certainly encourage open conversations about what we are consenting to, with whom and if we wish to withdraw our consent.
What are your views on this? Would you use a sexual consent app?
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