The use ‘consent apps’ in sexual encounters and their socio-legal implications: Why we need to know more

Abstract

Sexual engagement is increasingly mediated by dating applications or ‘apps’. Amongst the growing number of dating apps available are those downloaded to record and store a person’s purported consent to participate in sexual activity. These are commonly known as ‘consent apps’. Ostensibly, ‘consent apps’ are an innovative way to capture the consent of all parties. Yet, they entail a significant risk, largely due to the way they oversimplify consent as a single one-off agreement before a sexual encounter, rather than sexual consent as an agreement that is ongoing and can be withdrawn at any point during a sexual encounter. In terms of their implications in sexual assault proceedings, evidence via consent app data of agreement to sex could potentially be used in ways that are prejudicial to the victim. This conceptual article identifies this topic as an emerging theme in criminology and proposes a pressing need for research to better understand the use of consent apps and their implications.