You guessed it, the Danish app iConsent does just what its name suggests: it allows users to sign a 24 hour consent contract along with whoever they’d like to have sex with. Now, this may sound both weird and slightly dodgy, but the initiative actually came as a practical answer to a new Danish law requiring provable, explicit consent before a sexual act. But does iConsent’s written contract really stand in the eye of the law?
The app’s developers promise users a way to “make digital consent the norm, preventing misunderstanding and abuse.” iConsent connects users via their phone numbers and allows them to complete a transaction authorising sex. This mutual consent ‘token’ is valid for one-time sexual intercourse only and expires after 24 hours.
During this period of time, the app encrypts and stores the digital contract to be recalled later, if needed, as proof of consent. Unsurprisingly, iConsent made headlines in close to no time for its controversial selling point. A commentator at leading Danish daily Politiken said that he thought the app was a sarcastic joke, only to learn later on that the developers were deadly serious.
In Denmark (and now all over the world), reactions towards the app have ranged from “a scandalous misunderstanding” to “pretty nonsensical.” Legal experts have contradicted the app’s developers, saying it is unlikely their consent certificate would stand up in court given the fact that this 24 hour window allows time for people to change their mind.
For many, iConsent is everything but the right way to secure consent. Speaking to The Irish Times, professor Mikkel Flyverbom of the Copenhagen Business School, and a member of Denmark’s data ethics council, said the app was a prime example of modern societies’ “naive belief in technology.” And Flyverbom is not the only one seeing iConsent as a medium perpetuating a “sad view” that will eventually reduce human beings and interactions to data and buttons.
But the app actually resulted as a potential solution to Denmark’s newly introduced law. Following Sweden in 2018, Danish MPs in December 2020, backed a law making sex without explicit consent a criminal offence. Proponents of the new law said it would assist Danish prosecutors who often struggle to prove violence and coercion were used to secure sex.
Earlier, the Danish law required prosecutors to prove that violence was used on someone who was unable to resist unwanted sex in order to legally constitute rape. According to the new law, if both parties do not consent to sex, then it’s considered as rape.
But there’s one unignorable problem with iConsent; the app would not hold in court, as electronic consent doesn’t make it easier to prove that one has not committed rape, as defence lawyer Morten Bjerregaard told International Business Times. In other words, giving written consent to someone at 10 in the morning doesn’t imply that you’ll still be in the same state of mind by 10 at night.
Furthermore, we’ve already witnessed how easy it is for someone with malicious intentions to hack into somebody else’s phone. And what then? Will the contract coming from a specific phone number still count as consent? I certainly hope not.
Sadly, the fact that before being sexual with someone, you need to know if they want to be sexual with you too is not known or followed by everyone. It’s also crucial to be honest with someone about what you want and don’t want to do. But will iConsent truly help spread awareness about the ins and outs of sexual consent or will it dehumanise and unrightfully simplify the complexity of the matter? The answer seems to be in the question itself.
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Earlier this month, after a long and traumatising court case in Cyprus, a young British rape victim was finally allowed to return home. This event sparked international outrage and opened up the conversation concerning the many ways in which the justice system fails women and victims of rape. But the outrage is now beginning to slowly fizzle out, and it is important that we carry on the conversation around justice and women’s rights, to ensure that situations like these do not happen again.
In case you’re not aware of what happened, in the summer of 2019, while on a working holiday, a nineteen-year-old British woman reported being raped by twelve men in Ayia Napa, Cyprus. The woman said she met an Israeli man with whom she got romantically involved on this holiday, and one night, while in the room with him, his friends came and took turns assaulting her and filming it. But a little over a week later, she was the one to get arrested, charged for mischief and jailed for a month.
The victim later revealed that the police had forced her to change her account, leaving her with no choice but to retract her original statement. The woman admitted that she only signed the retraction after hours of unrecorded questioning, without a lawyer present. The next day, the men accused were released and flew back to Tel Aviv, where they were greeted with champagne, celebrating their release while chanting ‘the Brit is a whore’. While this is immensely appalling, what’s more terrifying is how the justice system dealt with the situation and failed the victim.
The court completely dismissed all the defence witnesses, including a statement from a forensic specialist proving she had thirty-five bruises over her body, exerted by force—disregarding them as jellyfish stings. The court also reportedly dismissed a statement from the teenager’s psychologist that proved she was suffering from post-traumatic stress disorder (PTSD). The district judge dismissed her testimony as “childish lies.” Of course, the case is complex but it is uncertain why the police made her retract her statement with no legal expert present, and it is also not the first time that the Cypriot police fails foreign women.
In April 2019, Cyprus dealt with the arrest of its first known and discovered serial killer, a man who only seemed to target immigrant working women, killing a total of seven. Many of these murders could have been easily avoided, as some of his victims were reported missing to the police in 2016, nearly three years prior to discovering their remains, and yet, nothing was done to look for them. This case yet again sparked international outrage, calling the country out for its treatment of immigrant women.
In the British woman’s case, after enduring a long trial full of victim-blaming and humiliation, the court decided to release her and let her return home, with the court’s judge ruling it as a “second chance.” And while for many this can be seen as a resolution and the end to the young girl’s trial, it is really only the beginning of a lifetime of trauma and PTSD caused by both the sexual assault and this trial.
Having grown up in Cyprus as a woman myself, the way the woman was treated did not come as a shock. My friends and I started getting catcalled on the streets at the age of eleven, we have been followed, flashed and masturbated to on public beaches in broad daylight as teenagers on separate occasions, and many of my acquaintances have endured similar sexual assault horror stories, such as this one.
Many of these assaults have gone unreported, and when they have, they had been dismissed as something that simply happens because “you are a girl,” and which you should therefore get over. But these issues are not exclusive to a single country, and sexism, sexual harassment and abuse of any sex or gender exist in every part of the world. And this is the problem, the fact that the Cypriot rape case is just another reminder of many other cases like it.
The justice system is flawed in every country, and trusting that it always makes the right decisions would be naive and inaccurate. But we need to keep calling these situations out: they happen everywhere, in small countries like Cyprus or major ones like the US—just remember the Christine Blasey Ford and Brett Kavanaugh case. This specific incident is now being forgotten, and perhaps it is a good thing to finally let the woman out of public sight. But this doesn’t mean we should let our justice systems get away with how badly these cases are often handled.