Rape in the Metaverse and the Urgent Need for Legal Reform

Over the past couple of years, various laws, such as the Online Safety Act 2023, have been enacted to protect children from the dangers of the online world. The underlying principle of such laws is to ensure that tech giants have a legal duty to protect children from sexual abuse and other harmful material that could be accessed on digital platforms. Common examples of such platforms include various messaging services, social media, and gaming apps. All mainstream platforms have some pretty strict measures in place to protect minors. However, there are cases where those with shady intentions tend to find some loopholes.

The avatar of an under-16 girl being raped as she was playing a game in the Metaverse is a relevant example here. Yes, you read that right. No one had thought that crime and perversion would go to such an extent, but unfortunately, it has.

Understanding The Metaverse And Its Immersive Nature

We’ll get into all the details of the crime soon. But first, let's get our heads around what the Metaverse is and how immersive it can be. Think of it as a completely different world where people live, work, shop, interact, and do a whole lot of other things.

The only difference between the Metaverse and the real world is that it is virtual. It exists in a 3D environment, and to access it, one needs a computer or Virtual Reality (VR) headset covering their eyes and ears. It’s worth pointing out that most people opt for VR headsets as they offer a truly immersive experience.

The immersive nature of the metaverse allows us to experience a variety of new experiences, making sure we live life to the fullest. However, with all the advantages come certain downsides. Such an immersive experience allows individuals to enjoy all the positives to a complete extent.

But this also means that any unfortunate events one may experience while in the Metaverse can have detrimental effects on their mental health in the real world. This is exactly what happened with a teenage girl in the metaverse.

16-Year-Old Teenager: Virtual Rape In A Virtual World

Tech companies often define their platform with mesmerizing language used to position what they have to offer as “the best thing.” For example, when Meta was launched, it was initially described as a new way of social interaction where one could have a variety of shared experiences.

But it’s worth pointing out that these always have a certain possibility of a dark event lurking right around the corner. If you put those with malicious intentions in a world where the consequences aren’t real, things will get out of hand, as with this teenage girl. For her, one of the many “shared experiences” she had in the Metaverse was rape.

Recent reports claim the incident is the first of its kind to be investigated by the UK police. Before we get into the details of the investigation, know that the teenage victim was not physically harmed. She was in an online room with other users when several adult men virtually assaulted her avatar.

Although she was not physically harmed, the immersive experience provided by the Metaverse resulted in psychological damage and emotional trauma. These damages and the trauma she experienced are now serving as the basis for a police investigation. It’s worth noting that such a crime is not the first of its kind in gaming.

UK Police Investigate Virtual Rape

As this case is being investigated, police leaders are now calling for legislation that could help tackle sexual offenses in a virtual or digital world. In addition, officers have also mentioned that their current tactics must evolve if they are to stop using technology to abuse children.

However, there are two sides to the investigation. One is where police are pursuing the virtual sex offense, and the other is where the investigation itself is being criticized. Questions have been raised as to whether the police should even be investigating this “criminal offense” or not.

More details about the case have been kept under wraps for now to protect the child involved. Some individuals fear that a prosecution may not be possible for such a crime given that the statutory definition of rape dictates physical penetration, which in this particular case is absent.

Insufficiency Of The Current Legal Infrastructure

As per recent media reports, a senior official commenting on whether the virtual sex crime can or should be prosecuted has stated:

“This child experienced psychological trauma similar to that of someone who has been physically raped. There is an emotional and psychological impact on the victim that is longer term than any physical injuries. It poses a number of challenges for law enforcement, given that current legislation is not set up for this.”

Such a statement goes to show that legal authorities are concerned that the current infrastructure is not sufficient to address such crimes. Shedding light on the insufficiencies of the current legal landscape, Donna Jones, the chairman of the Association of Police and Crime Commissions, has stated:

“We need to update our laws because they have not kept pace with the risks of harm that are developing from artificial intelligence and offending on platforms like the metaverse. The government needs to look at changing the law to protect women and children from harm in these virtual environments.”

As per legal authorities, the current legislation in the UK is not sufficient to cover rape in the metaverse as an act of sexual assault. Most current legislation defines sexual assault as an act of physically touching another person without their consent. But that's not all. Things get a bit more complicated from here.

You see, users in the metaverse and other virtual worlds are spread throughout the world, meaning both the victim and the offender can be from entirely different continents, let alone countries. The very nature of these virtual worlds blurs geographical boundaries, making it challenging to determine which enforcement agencies have authority over such matters.

Related Incidents And Different Opinions

Recent media reports have also shed light on other acts of sexual offense that were conducted in virtual games like Horizon Worlds. It is another online game run by Meta. In the game, users can create their own avatars that serve as a digital or virtual representation of themselves.

To control these avatars, users have to use a VR headset and other associated equipment, like controllers. A psychotherapist, Nina Jane Patel, with research experience, has categorized being gang raped in Horizon Venues as a “surreal nightmare.” For those who’re unaware, Horizon Venues is a downloadable integration into the VR game that allows users to attend virtual events.

Such integrations facilitate the redefined social interactions companies are aiming for. However, the reports of sexual offenses taking place in the virtual world justify the need for increased protection measures for those at risk.

While some are calling for increased protection measures, others are beginning to question whether such incidents should be categorized as actual rape. Users on a popular social media app have expressed their thoughts on topics such as how the victim could have turned off the VR at any time.

They’ve also asked legal authorities to focus on real-world crimes as opposed to virtual ones. Some have even gone to the extent of comparing sexual assault in the virtual world to being killed in virtual games and not having the killer be charged with murder. However, in such games, being killed is a possibility one expects. As for virtual sex crimes, no one really expects to be harassed and sexually assaulted in a virtual world.

Can this be Considered Real Rape?

The question of whether such “crimes” should be considered real rape dates back to 1993 when an article titled “A Rape In Cyberspace” was published. The article shed light on acts of sexual abuse that were taking place in the virtual community at the time.

In addition, the article went on to conclude that being sexually assaulted in a virtual environment leads to emotional effects similar to those of an actual rape. To keep users safe from such an event, virtual communities like Meta have implemented certain measures.

A representative from Meta, commenting on these protection measures, stated that:

“The kind of behavior described has no place on our platform, which is why for all users, we have an automatic protection called personal boundary, which keeps people you don't know a few feet away from you.”

However, such matters may not be sufficient; individuals with intentions of sexual abuse could essentially gain the trust of their victims so that they may remove protection protocols.

Key Takeaways

Virtual worlds offer an immersive environment to users, allowing them to experience new possibilities like never before. However, such platforms come with increasing cyber threats, one of which is virtual rape.

The current legal infrastructure for such crimes is effective, given how it defines sexual abuse. Changes to the infrastructure, along with more robust protection measures, are now necessary to make virtual communities safe for everyone.