Will ‘sexual consent app’ false accusation crimes disappear?

Recently, in order to avoid women's false accusation of sexual violence, an application (app) that specifies mutual consent before sexual intercourse has emerged, raising interest and concerns.
 
Along with the expectation that ‘reckless and false accusation crimes will disappear’, there is also concern that ‘there are concerns about sexual violence caused by forced consent.’
 
This app, which was launched last July, is advertised as being the first in Korea to have been consulted by a lawyer, and has recorded more than 1,000 downloads to date despite being a paid service.
 
However, it is difficult to prove ‘voluntary consent’, so recognition of its effectiveness is uncertain.
 
The 'Sexual Relations Agreement' on the app contains the following: 'In concluding this contract, the proposer (A) and the acceptor (A) agree to mutual skinship and sexual relations.'
 
Here, skinship is defined as 'covering all conversations and physical contact using sexual expressions.'
 
The idea is that if the app user sends a consent form to the other person's cell phone and the other person verifies it, they are considered to have consented to sexual intercourse and cannot be held responsible in the future. In other words, it is a device to prevent legal controversies that may arise in the future by leaving evidence that both parties agreed to sexual relations.
 
Does this kind of mutual agreement have legal effect in criminal cases such as sexual assault?
 
To conclude, this app may be useful in the sense that it leaves behind evidence that it was not sexual assault, but it does not seem easy to receive complete legal immunity simply by consenting through the app.
 
Kim Dong-jin, a lawyer at Daeryun Law Firm who spoke with Segye Ilbo on the 15th, advised, “I don’t think I will be able to receive complete immunity legally, but I think it will have some effect.”
 
Attorney Kim said, "We need to look at two perspectives," and added, "Assault or threats are actions that go against the other person's will. If there is evidence that it was done in some way, it can be seen that it may not have been assault or threats."
 
He explained, “Even if it is not for this app, if you look at recent precedents, the number of cases where the suspect or victim has to prove it directly has increased more than before,” and “It is difficult for the suspect to reveal that the other person consented. From this perspective, if you can prove that the consent through the app was not coercive, it can be a little more helpful legally.”
 
However, he pointed out that “complete immunity is difficult,” and added, “Even if there was consent in the app, there are cases of sexual assault by consent. When making a ruling, the court looks at everything, including whether consent is based on behavior or intent.”
 
In other words, regardless of whether the app was used, a person can be found not guilty when it can be proven that there was no consent or coercion, so the app also needs this process. Unfortunately, if you cannot prove this, you cannot be free from the damage of false accusation.

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