Use of dating apps and legal risks
The use of dating apps to meet people—such as Tinder, Grindr, or Bumble—has become widespread in recent years and is now a common part of personal and sexual relationships. These platforms facilitate quick encounters between people who, in most cases, have never met beforehand.
Reports of sexual assault following online arranged encounters
In some cases, the complaint is filed immediately after the encounter, as the complainant believes that non-consensual conduct occurred during the date. In other cases, the complaint is filed days or even months later, which often comes as a great surprise to the accused, who believed that all the acts had been consensual.
These situations often lead to complex criminal proceedings, in which the key element is proof of consent, especially when there are no witnesses and the events occur in a strictly private setting.
Increase in criminal proceedings related to dating apps
At SMK Abogados we have observed a significant increase in criminal proceedings related to sexual encounters initiated through dating apps, both in heterosexual relationships and between people of the same sex.
This type of case requires a very precise technical and strategic analysis, given that an accusation of sexual assault can lead to high prison sentences, as well as significant personal and professional consequences for the person under investigation.
Success story: Case of sexual assault dismissed after a Grindr date
Among the cases recently handled by the firm is a case in which our client was accused of alleged sexual assault after a meeting arranged through the Grindr app, the purpose of which was to have consensual sex.
During the encounter, a risky sexual practice took place, which gave rise to the controversy. The complainant maintained that this practice was not consensual, while our client asserted that there had been clear and prior consent, both in the conversations held through the app and during the encounter itself.
Risky sexual practices and criminal consent
In sexual assault cases, certain risky sexual practices—such as fisting—can generate legal controversy when there is a discrepancy regarding consent. From a criminal law perspective, the practice itself does not constitute a crime; the determining factor is whether or not free and explicit consent was given.
Criminal defense strategy and dismissal of proceedings
From the outset, the SMK Abogados team activated a comprehensive criminal defense strategy, aimed at contrasting the complaint’s account with objective evidence. Among other actions, the following were carried out::
- Intervention of medical experts, who demonstrated the incompatibility between the complainant’s account and the physical findings.
- Private investigation to obtain relevant information that would allow questioning the accusatory version.
- Action of a computer expert, in charge of recovering and certifying the conversations held through the dating application.
- Request to the court for certain evidentiary proceedings that were essential for the assessment of the case.
As a result of these actions, the complainant withdrew the complaint and dropped the criminal charges, which led to the dismissal of the proceedings and prevented our client from having to face a trial for sexual assault with a possible sentence of several years in prison.
Importance of specialized defense in sexual offenses
Criminal proceedings for sexual assault arising from encounters arranged through dating apps require specialized defense, based on thorough analysis of evidence, knowledge of case law, and the intervention of expert witnesses.
In the face of such an accusation, it is essential to act quickly and have criminal lawyers with proven experience in sexual offenses, such as SMK lawyers.
