Can a Consent App Protect You from Utah Sex Crimes Charges?

 Posted on August 12, 2025 in Sex crimes

In the age of everything digital, even sexual consent has gone high-tech. Apps that allow two people to document mutual consent before being intimate are being marketed as a way to prevent misunderstandings or even criminal charges.

These apps are commonly referred to as "consent apps." Especially in a conservative state like Utah, does an app offer valid legal protection? If you think using a consent app protects you, there are things you should know.

Consulting with a knowledgeable Salt Lake City, UT, criminal defense lawyer can help you understand the limitations of consent apps. If you are being charged with a sex crime despite consent through an app, your attorney can determine whether the app can really help your defense.  

What Are Consent Apps?

Consent apps are specifically marketed for college students and those who use dating apps, but can be used by anyone who fears false allegations of rape, sexual assault, or another sex crime. Some of the most common consent apps include We-Consent, LegalFling, Consentify, and SaSie.

Consent apps are intended to be tools for promoting safer sexual encounters and ensuring affirmative consent through one of the following ways:

• A "contract" that claims to be legally binding, protecting users from sexual assault allegations.
• Users record their consent, whether via text, audio, or video.
• Providing information about affirmative consent legislation.

What Is "Consent" in Utah?

Under Utah Code Section 76-5-406, when a sexual offense occurs without the victim’s consent, it can be a crime. A person indicates consent (or lack of consent) through words or conduct. When threats, physical force, deception, violence, or surprise are used against another person during a sexual act, there is no consent. If the alleged victim is under 14 years old, consent is not possible.

If the victim is under 18 and the defendant is more than three years older and uses enticement or coercion, there can be no consent. If the victim is unconscious or incapacitated due to drugs, alcohol, or a mental condition, there can be no consent. Finally, if the defendant was in a position of authority over a person younger than 18, there can be no consent. It is also important to note that past consensual activity does not imply future consent, and consent can be withdrawn at any time.

What Are the Legal Limits of Consent Apps?

There are significant legal issues associated with consent apps. First and most importantly, even if both parties consented to having sex, that consent could be withdrawn prior to the act – something the apps do not account for. Digital agreements do not account for intoxication or incapacitation, changes in behavior during the encounter, or pressure or fear that the app cannot detect. Regardless of whether there is a consent app, prosecutors and jurors will continue to evaluate both parties’ credibility, the evidence available, and the full context of the charges.

Can a Consent App Be Presented as Evidence?

A consent app could potentially be introduced as supporting evidence, but it would rarely, if ever, be considered actual proof of consent. While a consent app might help show that there was a mutual "understanding," prosecutors and jurors understand that a lot can happen between using a consent app and a sexual encounter. A consent app might even raise questions regarding premeditation, meaning it could potentially be used against the defendant.

Contact a Davis County, UT Defense Lawyer

While consent apps may be a sign of the times, they are far from a shield against charges of a sex crime. If you are facing sexual assault or any other sex crime charges, the stakes are far too high to rely on technology alone. You need a highly skilled Salt Lake City, UT sex crimes attorney from Collins Rupp, P.C., who understands the often-complex laws in the state.

Our attorneys bring their diverse legal experience and varied backgrounds to the table to help their clients achieve the best possible outcome. Attorney Collins began his career in the auto industry before attending law school, and Attorney Rupp is a retired U.S. Marine Corps officer. Call 385-777-2753 to schedule your free consultation today.