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Is there a better way for people to give sexual consent?

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Danny Weir
Danny Weir Jan 26, 2022
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I recently watched '13 Reasons Why' on Netflix, a show where sexual assault and the taboo subject of sexual consent is at the forefront of the storyline. It got me thinking about what kinds of protection are out there for us in order to ensure that our sexual encounters are consensual and enjoyable for both (or more) parties involved.
It led me down a little bit of a Google rabbit hole, trying to find the best method for giving and receiving sexual consent.
What is out there already?
  • Sexual consent has forever been a 'grey area' in society. A culture of assuming, going with the flow and the influence of drugs and alcohol has made it a difficult topic to traverse. Several high profile cases of sexual assault accusation still don't leave us any closer to an actual solution.
  • Education in schools has certainly improved over the past few decades and several campaigns run by governments, universities, and charities have brought awareness to the subject.
  • There are several apps out there designed to get digital sexual consent from parties involved. Some of the most popular are Legal Fling and iConsent. These apps have received a ton of negative press though .
  • The age for consent varies from country to country, as do the laws. As sex has become a more explicit part of our societies, younger people are partaking in sexual activity. Do we have an obligation to protect our youth?
Solutions
  1. The apps seem like a good idea on face value. A system where people can choose what they do/don't want to do and agree on these things with their partner (via facial scan, QR code etc.) seems like it could work.
  2. Better education fromschools, governments and especially parents. The younger generation need to be better informed of the risks involved with sexual activity and what consent really means.
  3. We need to respect ourselves and each other more, especially in situations where we are vulnerable.
BUT... are these things enough? Do the apps even work? Can it control what actually happens behind closed doors? Do people truly understand what consent is? Are we just caught in a "grey area" sexual consent limbo forever?
I'm intrigued to know what the community here thinks? Surely there is a better way for us all to provide and receive sexual consent while also being able to trustfully and honestly participate in sexual encounters. Isn't there?

[1]https://www.glamour.com/gallery/post-weinstein-these-are-the-powerful-men-facing-sexual-harassment-allegations

[2]https://www.womens.cusu.cam.ac.uk/campaigns/consent/

[3]https://www.independent.co.uk/life-style/consent-apps-problems-dating-uconsent-sexual-assault-legal-court-a8332706.html

[4]https://www.thesun.co.uk/news/13812308/fury-at-app-that-gives-24-hour-consent-contract-to-have-sex/

[5]https://www.psychologytoday.com/gb/blog/sex-matters/202012/sexual-consent-is-hard-and-complicated-important

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Contrived _voice
Contrived _voice Jan 27, 2022
I watched this show once where participants had to record themselves giving consent first. I thought it would be a great idea save for if that ever leaked someway it could be detrimental to someone's public image.
Solution
This could be done in form of a digital key fob or something similar. Providing it with your password marks it as consent. Touching both fobs connects them automatically and the Identities and time, are recorded and stored in an encrypted server somewhere. That simplifies the process for the users while improving security. You can't forge anyone's consent since they have to willingly provide the password. The encryption could be done in TwoFish or any other secure style.
The Fob doesn't have to be a fob either it could be customizable to be anything as long as it can carry the relevant digital components.
Of course, Although security is important so is privacy. The device could act as a safety net too by creating two types of alerts. If at any point either party wishes to stop and the other forces them to continue, a single press could send a notification to the agressors device in comfirmation of both their positions at the moment. A second press would force both parties to disclose the situation and could be presented as evidence in a court of law if it ever came to that.
That's just a rough Idea and any additional thoughts are welcome.
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Danny Weir
Danny Weir2 years ago
Absolutely love this idea! This was exactly what I was thinking of when this idea popped up. A multi-step process, connected data and data protection would all have to be ensured, but I could see a system like this working well as long as we start to switch our thinking about consent as a society. I was also thinking that maybe it could be a QR code ID system where the parties involved hold their phones together and scan each other's code (and it would require another step in addition to this.
I especially like your idea of the 'safety net', if a party feels uncomfortable then the alert system could work perfectly by having a recorded alert on both sides.
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General comments

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Danny Weir
Danny Weir2 years ago
Michaela D Aashi Agarwal I would be interested to get a couple more female perspectives on this idea. Do you have any comments about your personal experiences with consent and whether we need a new system for it?
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Aashi Agarwal
Aashi Agarwal2 years ago
Danny Weir Hi Danny. I agree with you that we need better methods of communicating consent but I am unsure of how effective such apps might be. It may not be as simple as just consenting to the act of sex. Even if both parties participate in consensual intercourse, the app cannot guarantee that the experience will be a pleasant one. What if one feels poorly treated or mishandled during intercourse? The App will not be able to guarantee that involved parties treat each other respectfully during the act. The App might be able to communicate consent and boundaries to all parties involved, but it will most likely not be able to communicate feelings and emotions in real time during intercourse. If that is the case, it might defeat the purpose of the App itself.
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Michaela D
Michaela D2 years ago
Danny Weir I agree consent is not the real problem; abuse is. Ideally, there would be no abusers and we wouldn't need to be talking about consent. Also, you mentioned 90% is domestic abuse. Unfortunately, if your partner is abusive, no consent system will make your life better. It wouldn't make sense to expect every couple to consent before getting intimate. Same for criminals who crawl at night searching for a victim. They are not gonna ask you to consent through an app.
Nevertheless, I believe that in some "grey areas" a system of consent could be useful. When a person is unsure about a situation they may face, for example when they go partying, clubbing, or just dating someone new. In these cases, they may feel more secure by having an app or another way to give consent.
The app could ask you a couple of questions to verify:
1) you are in full awareness and not under alcohol or drug influence.
2) you really want to proceed.
If you are not able to reply to the questions correctly it means you don't consent. The benefits of the app would be:
a) Clearly express if you want to proceed. The red light would be clear for the other person who cannot convince themselves it is alright.
b) In case of a rape accusation the app could be proof of (no) consent.
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Darko Savic
Darko Savic2 years ago
I think this isn't targeting the root of the problem. If we dig deeper the challenge might be: "How do we prevent people from wanting to rape others?"
In the current form, the challenge is asking for improvements of one potential branch of solutions to the root problem. In my opinion, this solution does more harm than good to society.
The ability to give/receive consent isn't a problem. It's built into us. We are so good at this that even if we don't speak the same language we are able to convey the message via facial expression. Even if you cover half of the face, the other half is plenty to request and convey consent. If any doubt remains, we have arms to push/pull the person and convey what we really mean beyond any doubt. I think it's impossible to rape someone as a result of a misunderstanding.
Finally, I feel this challenge is targeting a non-problem which sort of makes it a pseudosession.
Update: I realize now that the challenge might be targeting consent for a different reason. The problem definition could then be: "How can innocent people be protected from false accusations of rape?"
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Danny Weir
Danny Weir2 years ago
Darko Savic I'm going to have to disagree with you here. Rape can absolutely occur due to misunderstandings, although I definitely understand your point about body language and cross-lingual consent being given.
It is clear that the way we currently give consent isn't working. If it were, we wouldn't have so many situations where a person thinks they received consent only to find out down the line that it wasn't given. Pretty much every accusation of sexual harassment/misconduct and rape stems from this problem.
The question is therefore relevant. The apps have obviously been introduced to try and solve it, but they aren't working as effectively as envisioned. So, is there a better way?
If you believe that the ability to give/receive consent isn't a problem, I would urge you to reconsider and maybe read some testimonials of victims of sexual assault. It absolutely is a problem.
Consent is there to protect all parties involved. It is there to ensure that all parties understand the situation fully. The way we currently do it just doesn't work as well as it should.
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