Wednesday, March 12, 2008

Virtual courtroom: is online sexual assault and rape a crime?

Just imagine you are walking down a dark alley, and someone jumps out of the shadows, beats you up or sexually assaults you and then runs off with your wallet. Would this be a crime? I think the majority of people would say it is a resounding yes (and for those playing along in Queensland, the Criminal Code and the Court would probably say yes too). Now, imagine the same scenario, but now you are an avatar in a virtual world? I think the majority of people would either umm and ahhh, or have a feeling that something like this is probably not illegal. Obviously there isn't much in the legislation regarding this kind of thing (perhaps harassment or stalking to some extent, although not sure if this has even come up in the courts). And considering the Queensland Criminal Code still thinks of piracy as men in funny hats on ships sailing the seven seas plundering and looting, it is highly unlikely that it would apply to this online situation, even when it would clearly apply to the real life version.

Now, for those of you who have heard of Second Life or have perhaps played it, you may remember that there was a report in two Belgian publications that Brussels police have began an investigation into a sexual assault which occurred on second life! Although it is thought to have been merely a hoax or joke, there is word that some countries have ongoing litigation on online crimes against their online persona's. Then there was the Anshe Chung saga, where an online real estate mogul was showered with obscene pictures (see the footage here).

Furthermore, could online defamation of ones avatar begin to become a problem in the 'real world' courts? For example, should one be playing World of Warcraft, and they offhandedly call a fellow player a n00b, and they retort that they find this a derogation of their character and they believe it will harm their reputation, would this be grounds for a defamation suit? Could a business owner in Second Life have an action in defamation should someone untruthfully spread rumours that the owner spits in the virtual food they are serving in their restaurant? Perhaps some new online court rooms will start cropping up; I can't help but laugh when I think of some gruesome looking WOW characters filing into a courtroom, with an Orc residing as the judge :P

But isn't half the fun of these online games that you can leave this reality and delve into another where your life is entirely different? And if someone is doing something naughty, shouldn't we just leave it to the moderators, and leave the courts out of it? I am sure lawyers with more moral turpitude than myself are probably licking their lips while thinking of the potential for millions to be made on this, but for what? I honestly hope that our judiciary has a bit more sense than to open the flood gates.

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