Stephen Schulhofer, professor of law at NYU’s School of Law and Reporter on the ALI’s Model Penal Code: Sexual Assault and Related Offenses, comments on a new app which is aimed to “change the conversation surrounding sex on campus while giving students tools to help facilitate affirmative consest” in The Daily Beast article, “Download This App Or Don’t Have Sex.”
“I do see some value in helping people relax about the risk of liability, and if tech-savvy college kids see this as cool, it could foster better communication and fewer misunderstandings,” said Professor Schulhofer.
Professor Schulhofer, who is less concerned about the app “interrupting the flow” of sexual activity, is more concerned about it being considered a model for consent. “Clear communication has to be considered sufficient without having written or recorded proof of it,” he said. “A lot is riding on the effectiveness of the encryption even if the encryption is iron-clad, the concept has fatal difficulties.”
Read the full article here.