Friday, August 31, 2018
Irina D. Manta (Hofstra University - Maurice A. Deane School of Law) has posted Tinder Lies (Wake Forest Law Review, Forthcoming) on SSRN. Here is the abstract:
The rise of Internet dating — in recent years especially through the use of mobile-based apps such as Tinder, Bumble, or Hinge — forces us to re-examine an old problem in the law: that of how to handle sexual fraud. Many people with romantic aspirations today meet individuals with whom they do not share friends or acquaintances, which allows predators to spin tales as to their true identities and engage in sexual relations through the use of deceit. Indeed, according to some studies, about 80% of individuals lie on at least some part of their online dating profiles, and a subset of those individuals tell lies that undermine the foundation of their sexual mates’ subsequent ability to give consent. Whether or how to criminalize this type of fraudulent behavior has been debated for some time, and the difficulties involved in prosecutions in this context have made the criminal law a fairly ineffective tool. Previous proposals for tort recovery have failed to gain many adherents for similar reasons.