Virtual Rape A Crime?

[dgridley]

Wired is carrying commentary on the story that Brussels police have begun an investigation into a citizen's allegations of rape in Second Life. For reasons of civil liberty & clarity we'd like to confine criminal law to physical offenses rather than thought crimes but already threats, menace & conspiracy count as crimes. Could we see a situation where our laws extend?

http://www.wired.com/culture/lifestyle/commentary/sexdrive/2007/05/sexdrive_0504

There is no question that forced online sexual activity -- whether through text, animation, malicious scripts or other means -- is real; and is a traumatic experience that can have a profound and unpleasant aftermath, shaking your faith in yourself, in the community, in the platform, even in sex itself.

Our laws say that an adult subjecting a teenager or child to sexual words, images or suggestions on the internet is preying on their mental and emotional state in a sexual way. Even if you never try to meet the minor in person, and even if you never touch them or expose your naked self to them, it is a crime to attempt to engage sexually with a minor.

If it is a criminal offense to sexually abuse a child on the internet, how can we say it is not possible to rape an adult online?

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Interesting.. I'd be inclined to call this rape as "real" as if it had happened in real life.. I mean, rape can take many forms, all of which can be equally tramatic to the victim.

Legally tho, I wonder where this will lead?

 

[James]

how the hell can you "vitual rape someone"
what next?
Vitual underage sex?

 

[bizwiz]

Virtual rape cannot be brought into the real world. They should create a virtual police station, virtual court and *gasp* virtual lawyers to deal with this matter.

 

[bbalegere]

Its difficult to imagine things like Virtual rape.
As long the victim is not harmed physically or emotionally there should be no charge.

 

[dgridley]

I equate virtual rape as being a hate crime (as most rapes are motivated by anger and not sexual intent per se) and it's just as real to hate and violate someone online as off IMO.. hence I could see this being prosecuted in the real world.

Its difficult to imagine things like Virtual rape.
As long the victim is not harmed physically or emotionally there should be no charge.

 

[RJ]

Come on.

To equate anything happening online to real rape is an insult to every real life rape victim. There's no "Log Off" button in the real world.

 

[dgridley]

I see your point.. but how about other types of cybercrime (slander, identity theft, etc)? They happen online and still have potentially traumatic results offline..

I wouldn't suggest the death sentence for an online rape, but I'm suggesting that perhaps someone who would perpetrate an online rape might also be motivated by similar forces that drive someone to rape offline.

Come on.

To equate anything happening online to real rape is an insult to every real life rape victim. There's no "Log Off" button in the real world.

 

[RJ]

I see your point.. but how about other types of cybercrime (slander, identity theft, etc)? They happen online and still have potentially traumatic results offline..

Oh for sure. It can't be denied that online harassment is a very real thing that can cause a lot of emotional damage to someone. I just wouldn't go so far to call it "rape".

I'm suggesting that perhaps someone who would perpetrate an online rape might also be motivated by similar forces that drive someone to rape offline.

Perhaps, but people do tend to act different online than they do in real life. That said, there's no excuse for harassing anyone, online or off.

 

[dgridley]

Ah, I love to get a little dialog going

 

[James]

I have to agree with you -RJ-
what i don't get is tho, whos sick enough to "virtual rape" someone, how can you get off over that, yes the worlds sick but i don't understand what drives you and what drives the goverment? to make this a charge.

 

[RJ]

Ah, I love to get a little dialog going

Are you on Second Life yourself, Dave?

 

[Barrucadu]

"Virtual Rape" a criminal offense? That has got to be the stupidest idea I have ever seen. If people are so conserned about crimes in Second Life, they should set up a virtual police force or something.

IMO extending a countries laws to the internet is the beginning of a totalitarian state...

 

[dgridley]

Nope.. but the concept of virtual life interests me.

Are you on Second Life yourself, Dave?

 

[labrocca]

Sexual Harrasment imho is the only crime here. You can't say a rape occured.

"forced online sexual activity"...um....there isn't sexual activity online. It's all just fantasy and words. Imagine you make a dirty call to someone...is that rape too? Nope.

 

[dgridley]

I see it as an unsolicited intrusion on someone even in the cyberworld.. most people (at least I do) bond to the avatars they use to represent themselves online.. I'd consider it a personal affront and an intrusion if someone were to "rape" that avatar without my permission.

Just because it's a game and "just" a cyber representation of a real person, can we allow these things to become rampantly sexual and unchecked?

What if that rape were conducted against an avatar representing a child, is it ok then?

Making a dirty call may not be rape, but it can be illegal...

My point is: it's not necessarily the act I see as criminal so much as the thought behind it.. if you get my drift.

Sexual Harrasment imho is the only crime here. You can't say a rape occured.

"forced online sexual activity"...um....there isn't sexual activity online. It's all just fantasy and words. Imagine you make a dirty call to someone...is that rape too? Nope.

 

[labrocca]

"unsolicited intrusion"...you keep describing sexual harrassment not rape. And if it was a minor that's added crimes but not rape.

http://www.answers.com/rape?nafid=3

You need to realize the definition of rape includes a sexual act. "Act" requires actual physical sexual involvement.

 

[Matthew.]

I am...lost....with this topic, i do not know what "second life" is but i see the words game. user, avatar and cartoon in that article so often I'll make a brief assumption about some type of online role play game or something?

Someone needs to explain the concept of "virtual rape" to me in laymans terms, but i find it hard to see how the word rape can be used here??....

Matt

 

[Ronald Regging]

This is probably the dumbest thing I've ever heard in my life, and I've heard a lot of dumb things. I agree with RJ completely here. Rape involves you being forced into a real life sexual act against your will. I understand the concept of there being laws in place to protect children online from sexual materials and speech, but you can hardly compare the two. This is a matter for the creators of the game to handle, as I'm sure it's against their TOS. But bringing this type of stuff into the real world is a joke and should be laughed out of court. I guarantee you that if I was the judge in this case, I'd be causing this person a lot more "traumatic experiences" than their so-called "rape" caused them, by conveying my profound belief that they are a complete idiot and fining them heavily for wasting the courts time...

* Also I'd like to say that I think some of these people need to get a First Life before delving into experiences of a Second Life

 

[dgridley]

You forget there are emotional aspects to "rape" as well.. I'm not saying I equate virtual rape with an actual physical rape, but I can see that a smart lawyer could make the distinction of emotional trauma as a result of this "virtual rape".. my main concern is, like I said, that people are raping other people virtually in the first place.

I don't play Sims or Second Life but with people already talking about robotic ethics, maybe we need to look into this a bit more as well.. it's an interesting legal question is how I see it.

 

[Ronald Regging]

You forget there are emotional aspects to "rape" as well.. I'm not saying I equate virtual rape with an actual physical rape, but I can see that a smart lawyer could make the distinction of emotional trauma as a result of this "virtual rape".. my main concern is, like I said, that people are raping other people virtually in the first place.

I don't play Sims or Second Life but with people already talking about robotic ethics, maybe we need to look into this a bit more as well.. it's an interesting legal question is how I see it.

There is no emotional trauma involved. It's a stupid character you make when you play a game... It's an image on a screen that you move around... If someone gets emotionally attached to a set of pixels, they've got some serious issues, like the inability to distinguish between fantasy and reality, otherwise known as psychosis. I should be careful though, because I've killed other people in games... So maybe they'll come after me in real life for murder?

Personally I think they should check this lady into the psyche ward for an examination.