QUESTION LegalFling consensual sex app is senseless—for everyone but assailants
In the midst of the #MeToo movement, a Dutch company is seeking a way to formalize (and monetize) sexual consent with an app, LegalFling. The premise is that parties to a sexual encounter can sign a contract in advance specifying terms, boundaries, and preferences.
LegalFling isn’t the first and, sadly, won’t be the last app to promise a foolproof means of securing consent. None do much good, and every app that attempts to reduce consent to a pre-encounter “yes” or “no” is doing a great deal of harm.
There’s the common-sense problem with trying to secure a sexual partner’s consent with a contract: Consent is rolling; it can be withdrawn at any time.
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6 comments
Feel free to reply to any comment by clicking the "Reply" button.Ummmm, no not really useless - it's the logical end game of where the loony third wave feminazis are taking us.... it's not a bad idea actually. How else can you protect yourself from an accusation of no-consent from a woman who regrets a consensual encounter?
DannyLandrum
Level 5
Jan 30, 2018
0
I've been offered FWB several times but never went down that path 
You really need to just video tape the entire event, consent on the video very clearly, and then go for it. When you're done, just send that video my way and I will check that everything is in order 
ripcurldane
Level 7
Jan 24, 2018
2
I'm not the casual fling type, but if I were, I don't think this would make me feel safe. Consent can be withdrawn, but it would appear he'd have "proof" that I said yes. I'm not allowed to change my mind. No, thanks.
chicagojcb
Level 7
Jan 24, 2018
2
This needs more work. Non-binding contract?
sassygirl3869
Level 9
Jan 24, 2018
1
I think it's a fetish for legal professionals . . . ?
If you are so scared of being arrested, maybe it is time to stop one-night stands?
AnneWimsey
Level 9
Jan 24, 2018
5
Cause those are the only times men get accused of rape?
@JeffMurray of course not, but it is a time of very high-risk...and as pointed out here, the idea of a "contract" is not very workable.
Friends first not only makes things safer all around, but reduces the likelihood of "remorse"....assuming you act as if your partner is a person with rights & opinions (notice i am keeping gender ouf of this).
@AnneWimsey You don't need to, because that's not a time of high risk for women. Rape by remorse is fucking awful for everyone involved, but 99+% of the time I bet it's men getting accused and prosecuted. Statistically women hardly ever get accused, prosecuted, convicted, and sentenced for rape. And hearing that there's a low likelihood of being accused of rape by someone you've known for a long time doesn't make someone in that situation feel any better or be any less fucked over.
@JeffMurray you do realize that the statistics for Male rape convictions are beyond abysmal, right? (Only 6 out of 1000 accused serve any time at all) And that 2 out of 3 rapes (best guess) are never even reported? Your chances look good, sadly for women everywhere......
@AnneWimsey What the fuck do you mean my chances look good? Anyway, I was talking about the disparity between men and women. If those are accurate percentages for women the men's numbers must be practically nonexistent.
@JeffMurray bingo!
@DannyLandrum Dear, dear, Danny...you are the one all worried about getting into trouble, not me...so why would you be thinking about putting yourself into such risk as you perceive there to be? Frankly, nobody, and certainly not me, gives a flying f*ck about your personal problems, nor possible future legal ones, only curious as to why your panties are in such a twist over the whole non-issue......
@DannyLandrum wow, from this post it is obvious you have no idea what this thread is even about...i told No "people" how to conduct themselves except one who basically Asked. You seem to like to throw accusations around....and calling someone a "fundamentalist Christian" on this site is about as nasty as it is possible to be......good luck to your in Life,.
And, of course, it’s unimaginable that LegalFling-generated “contracts” would survive legal review, at least in the United States. For a contract to hold up, there must (be) consideration, which amounts to an exchange of something of value; each party has to gain and lose something. It’s not clear that every (or any) contract formed via LegalFling would meet that criterion. A promise not to exceed the bounds of consent given is just a promise not to assault a partner; that’s already illegal. It’s hard to see how sex could fit into consideration unless you’re in Nevada. Any contract that is fundamentally illegal, as exchanging sex for things of value in most places, is invalid.
Dougy
Level 7
Jan 24, 2018
1
It is an attempt to show that the sexual encounter was consensual to prevent accusations of rape under criminal law. This is not law of contract. An agreement under law of contract would be sensible before engaging in sex with a prostitute.
Paying for sex in UK is legal. As in some countries in Europe: Germany, Netherlands and other countries too.
Incorrect, Douglas. Consent is in fact a defense to an intentional tort, and consideration can be non-valuable / non-monetary - consideration is extremely broad, and includes agreeing to do something you have a right not to do, and refraining from doing something you have a right to do. Yes, I'm a lawyer (21 years now).
@DannyLandrum But still , if someone in midstream of a sex act says "Stop , I don't want to do this" , then from that point on , no matter how heated the moment is , that is what they have to do , or it's rape. This contract leads it's users that to believe otherwise , & if that happens , it's null & void .
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