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New app allows users to consent to sex

Posted at 6:39 PM, Sep 29, 2016
and last updated 2016-09-29 21:39:42-04
A new app designed to allow users to consent to sex. Well that's the intention of the "Sasie" app that has gotten the attention of college campuses across the nation. The intention is to eliminate the amount of rape cases Universities have seen. 
 
But questions have emerged regarding how it will protect a person if they say "no" after they signed. 
 
The app has many colleges and universities buzzing as the app "sasie" consents two parties to have consensual sex. 
 
But students, like Tania Cadiche from the University of Arizona isn't buying it. 
 
She says she doesn't believe it's a good idea. "I definitely think that the risk of just being able to go through an app and conform to having sex with someone is a big deal."
 
The app was made to protect both parties. A new study, according to the New York Times shows that 1 out of 4 women on college campuses will experience sexual assault and rape. 
 
Students like Curtis Acevedo says people may falsify their information, "I feel like people are just going to mess around on it. I don't think it's legit."
 
So here's how it works - the first person will put in their name, email and password in. Then they'll be asked to take a photo of their ID and then sign the agreement. It will be the same process for the next person. 
 
After both parties have signed, a contract pops up and you're ready to go. 
 
But Criminal Defense Attorney, Dan Cooper says the app isn't necessarily full proof. "if she signed the app first and she changes her mind then the sex has to stop. You can change your mind."
 
Adding, that the app may lead to more problems.  
 
"One of the problems is if someone wants to claim rape either because they were or they want to claim it and they have signed the app then the problem is, were they sober enough to consent to the app. What kind of state of mind were they in when they consented to the app."
 
KGUN did reach out to the creators of the app and they released the following statement: 
 
Although we have been around for a year, we wanted to take the time to get the details correct, and actually join the national conversation when we believed we had a tool that may actually be useful in fighting the problem of sexual assault on campus. That time is now.
 
The crucial difference between our app and other apps like good2go etc. is our app is not meant to be used before every single encounter. Think of our app like an affirmative consent 'prenuptial' for college student relationships. This 'prenup' puts two students in strict legal compliance with their schools affirmative consent policies, and provides the context for confirming consent termination as well. (changing ones mind) It is also a legally binding contract, and isn't meant to be signed in the heat of the moment.
 
Understanding the legalities of Title IX and affirmative consent legislation requires a particular sort of due diligence as there aren't any challenges to the wording of affirmative consent legislation yet in circuit courts, or many commonly read explainer articles about the subject that aren't slanted towards the arena of opinion, rather than legal facts. Without taking at least 1500 words unpacking the legal conundrums that students face on campus about consent, I'll suffice to say here that most students are largely unaware of legal mess they are in just by having sex at college at all, whether consenting enthusiastically, or otherwise.
 
In this climate of legal uncertainty, unjust prosecution, under-reporting of sexual assault, under prosecuting instances of sexual assault, falsely prosecuting instances of sexual assault, etc. we saw consent apps enter the marketplace, that we believed put women at risk of having a weaker case if they were ever sexually assaulted after using one of those apps.
 
We saw the trend, and wanted to educate students about the actual law regarding affirmative consent, including the grey area that the wording of the legislation represents. We also address specifically the possibility (and eventual probability) that one party will eventually change their mind, and want to terminate their consent. We provide a safe and secure mechanism for confirming that after the fact, which may then serve as a small piece of legally valid evidence in a college judiciary hearing, criminal case, or civil case.
 
With this in mind, not only did we make a safe, secure, and private tool to put students into compliance with the affirmative consent standard, we also provided a direct path to civil recourse for victims that is outside of and separate from the police or their college administration process.  
 
(Statistics are very sobering regarding the amount of colleges who actually report sexual
assault, and the amount of students who don't report sexual assault at all. We wanted to provide this legally valid path to civil recourse to students who otherwise wouldn't know that it was open and available to them.) The Gretchen Carlson civil case against Roger Ailes is a great example of this system working for victims effectively, and we want to open up that path to all victims of sexual assault.
 
As far as if it has helped, that remains to be seen. It would appear to us that folks so far have trouble understanding the concept, or have trouble differentiating us from other consent apps.
Perhaps your investigation will be different!