An Analytical Study of the Concept of Reverse Consent in Cyberbullying Victims and Its Impact on Criminal Justice Proceedings

Abstract

The phenomenon of cyberbullying has emerged, with the expansion of communication technologies, as one of the most serious psychological and reputational threats—particularly for adolescents and women. Among the newly arising challenges in addressing such offenses is the concept of “reverse consent”—a condition in which the victim, due to psychological, social, or coercive pressures, ostensibly refrains from pursuing criminal charges, although such withdrawal does not stem from free will.

This article, through an analytical-comparative approach and by drawing upon up-to-date academic sources and the legal experiences of Germany, Canada, and Norway, seeks to explore the legal consequences of reverse consent and propose mechanisms for reforming relevant legislation, judicial procedures, and victim protection frameworks.

The findings indicate that an absolute interpretation of victim consent may obstruct the realization of criminal justice. Consequently, it is essential to redefine the standards for identifying genuine consent and institutionalize proactive prosecutorial engagement in cybercrime cases within Iran’s legal system.