Would you prefer to meet your significant other organically or through a dating app? Nowadays, many people choose dating apps to socialise and meet their better half. However, where the hopeless romantic in you believes your soulmate is out there somewhere in the world, there are always dangers lurking around the corner. Without a doubt, dating apps have opened a whole new world of communication, surpassing the traditional ways of meeting new people. For instance, 20% of Americans have used a love-matching app to find their soulmate online. Tinder, the most-used dating app on mobile devices worldwide, has 10 million daily users.

With the popularity of dating apps, the instances of sexual violence, assault, and other-related crimes have also increased. A series of actions going through the exchanged photos, calls, and conversations on dating apps are essential to understand the victim’s consent. Mere extraction of data is not the end; interpretation, contextual understanding, the reasoning behind the conversation, and the parties’ intentions cannot be overlooked. Due to the unavailability of body language, gestures, and clear expressions over a screen, it becomes challenging for the investigators to establish what exactly happened.

Dating Apps: The Hunting Ground

A research from a metropolitan clinical forensic service conducted a retrospective review of 76 cases. In 11 cases (approx. 14%), the researchers found an exposure to a dating app. Further data analysis revealed that all complainants were female, with the majority under 30 years of age. In all cases, when asked, the alleged incident happened at the first face-to-face meeting. In addition, more than half of the incidents occurred in the suspect’s private residence. The forensic examination showed anogenital injuries in 60% of cases and visible body injuries in 70%. The use of contraceptives like condoms was not reported. This small case series display shows a high proportion of sexual assault cases facilitated by online dating apps.

In the largest study of its kind, a group of nurses at Brigham Young University examined Utah’s sexual assault forensic examination forms from 2017 through 2020. They found 14% of 1,968 intimate partner rapes occurred during an initial in-person meeting initiated through a dating app. The researchers noted that perpetrators easily preyed on vulnerable individuals, including victims with psychiatric conditions, and the cases of assaults have kept getting violent.

Serving Justice

Digital evidence from dating apps can provide valuable insights into cases involving consent and rape. This evidence is crucial as it can prove the victim’s consent. However, there are several limitations that one should carefully consider. The following subsections discuss these limitations in detail.

Context of Consent

Digital evidence often lacks the context necessary to completely understand an interaction. Consent is a dynamic process. In a series of consecutive actions, a person can consent to some of those actions and say no to others. For instance, A asks B to meet at their place, and B agrees. However, in the entire conversation, there is no mention of indulging in a sexual encounter. In this case, A cannot claim to have obtained the consent of B to enter into any kind of sexual activity. In my previous article, I discussed consent in the context of dating apps in detail.

Interpretation Issues

Text messages and other forms of digital communication are the easiest to misinterpret. They lack tone, facial expressions, and body language essential in conveying intent and meaning. Sarcasm, jokes, or a passing remark can lead to misunderstandings. Text-based communication is often ambiguous and open to multiple interpretations. What one party perceives as consensual might not be viewed the same way by another. Mere flirting is not enough evidence to show a person’s interest in sex. However, it can be a crucial factor in interpreting further action.

Incomplete Records

Digital evidence may not capture the entire scope of interactions between parties. Conversations that occur offline or in person are not recorded, leading to gaps in the evidence. This incomplete picture can result in biased or inaccurate conclusions about the consent and the nature of the relationship.

Manipulation and Tampering

Digital records are vulnerable to manipulation. A person can edit, delete, or selectively present the messages to misinterpret the truth. While some platforms have implemented safeguards against tampering, they are not foolproof. Perpetrators can use sophisticated techniques to alter digital evidence.

Conclusion

While dating apps have revolutionised how people connect and form relationships, they also present significant challenges in digital evidence. They lack context and have a potential for misinterpretation, incomplete records, and possible manipulation. Furthermore, as dating apps have become the most-used medium for individuals, is it about time to revisit our methods of establishing a suitable burden of proof?