Virtual Rape or Rape in Virtual Reality?

[Rusty Nails]

It could all be sorted with a virtual fine or virtual imprisonment.

 

[spen666]

I don't think it could ever be a criminal offence to bother someone (or worse) in cyberspace, for obvious reasons. ....

I'm not sure I agree. You can be convicted of harassment for things you post on social media, so why not for doing it in cyberspace?

 

[spen666]

I'm a bit rusty on this but fairly sure no contact has to be made for an assault to have been committed; so I think that it could be successfully argued that an act of violence by me, via my avatar, against you, via your avatar could constitute an assault.

It's a bit like me throwing something at you. I can't expect to successfully argue that it was the object that hit you, not me. Also if that object hits your cycle helmet I wouldn't get far arguing that it didn't hit you, just your helmet.

You are partially right - the definition of an assault is as below:

"

An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.

https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard
There does not need to be physical contact for it to be an assault. If there is physical contact, it is technically battery
However, can you cause someone who is not physically present to fear immediate unlawful violence? This is why I think its covered only by harassment type offences

 

[BoldonLad]

It could all be sorted with a virtual fine or virtual imprisonment.

Or, virtual execution?

 

[Rusty Nails]

Or, virtual execution?

Not in the UK version, thankfully.

 

[BoldonLad]

Not in the UK version, thankfully.

But, in a virtual world, would the Uk exist? In a virtual world, the victim could physically be in Saudi Arabia (say), and the accused physically in (say) UK. Which actual countries law and penal system applies? Or, is it only the avatars who can be fined, imprisoned etc?

 

[Cirrus]

Virtual Insanity

 

[All uphill]

No actual injury occurs though. The object you throw doesn't actually exist; neither does the cycle helmet which it hits. Nor does the head inside the cycle helmet.

Agreed.

But that's my point, no contact or injury has to happen for an assault to have taken place.

 

[Deleted member 28]

Agreed.

But that's my point, no contact or injury has to happen for an assault to have taken place.

You are being serious, I'll leave you to this one. 🤣

 

[Julia9054]

You are being serious, I'll leave you to this one. 🤣

He is stating the law and wondering if the legal threshold for assault could be applied here, not giving his opinion.

 

[spen666]

Agreed.

But that's my point, no contact or injury has to happen for an assault to have taken place.

How can someone fear the immediate use of unlawful violence when "assailant" is not present and query even whether they ( the alleged assailant( "exist"


Look at the definition in English law of assault

"
An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence."

 

[theclaud]

Do you  ever stop to ponder?

He's just here to make Spen look thoughtful and nuanced.

 

[Deleted member 28]

He is stating the law and wondering if the legal threshold for assault could be applied here, not giving his opinion.

Have you read the rest of the thread, there are plenty of opinions, what's yours?

 

[mudsticks]

Do you  ever stop to ponder?

Ponder??
Don't be silly.

You can have thoughtful discussion.

Or you can have knee jerk reactionary..

You can't have both..

 

[Julia9054]

Have you read the rest of the thread, there are plenty of opinions, what's yours?

I'm sure there are. The post you were laughing at was not one of them.