Emoji implied consent in rape case, court told
A rape trial in Sydney has sparked debate after the defense argued that the use of a specific emoji implied consent for non-consensual sexual fantasies. The case centers on the interpretation of digital communication in the context of sexual assault allegations.
Why it matters
The case highlights the evolving and contentious role of digital communication and modern dating app culture in legal definitions of consent.
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A defence lawyer has argued an alleged rape victim consented to sex because she used the “face with peeking eye” emoji (🫣) to imply she was open to boundaries being broken.
Liam Herbert, 31, was charged with three counts of rape after allegedly assaulting the woman during their first meet-up at her home in Sydney’s south.
The woman said the defence’s line of questioning was “offensive”. Matt Davidson He faced a jury trial at Sydney Downing Centre District Court in August presided over by Judge Christopher O’Brien, which resulted in a hung jury. A retrial is scheduled for April.
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