Stories
Slash Boxes
Comments

News for nerds, stuff that matters

Slashdot Log In

Log In

Create Account  |  Retrieve Password

Is Virtual Rape a Crime?

Posted by ScuttleMonkey on Fri May 04, 2007 11:33 AM
from the because-/quit-is-so-hard-to-type dept.
cyberianpan writes "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?"
+ -
story

Related Stories

[+] Technology: The Elevator Effect In Second Life 167 comments
There is an good video on NPR about how real human reactions translate to the virtual world. It's interesting in view of the question posted here about rape in Second Life. The video covers a little experiment in SL where a reporter gets together with a psychologist to see if some unspoken human rules apply in the virtual world — such as staring or standing too close to someone. Perhaps surprisingly, in this world where you can be or do just about anything, you can't break these unspoken rules with impunity.
This discussion has been archived. No new comments can be posted.
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
 Full
 Abbreviated
 Hidden
More
Loading... please wait.
  • No (Score:5, Insightful)

    by ellem (147712) * <`moc.liamg' `ta' `25melle'> on Friday May 04 2007, @11:34AM (#18990099) Homepage Journal
    virtual rape is not a crime.

    if you are being virtually raped you should log off.

    there. that's fixed.
    • Re:No (Score:5, Funny)

      by neoform (551705) <djneoform@gmail.com> on Friday May 04 2007, @11:44AM (#18990317) Homepage
      "if you are being virtually raped you should [jack] off."
    • Re:No (Score:5, Informative)

      by jandrese (485) <kensama@vt.edu> on Friday May 04 2007, @11:48AM (#18990405) Homepage Journal
      Heck, this appears to be talking about SecondLife, you don't even have to log off. All you have to do (assuming it's your own land) is simply ban the guy from your land. It's like 2 clicks, it certainly would be faster than spewing out 2000 words of blog post about it. People online are dicks, don't let them get to you. That is the rule of the internet.
        • by Scrameustache (459504) on Friday May 04 2007, @11:55AM (#18990549) Homepage Journal

          not being able to go to the pizza place
          ... without someone harassing you with obscenities.

          It ain't rape, but it ain't right.
          • by shaitand (626655) on Friday May 04 2007, @12:03PM (#18990689) Homepage Journal
            These people aren't in public. This is HBO not PBS. If they have a problem with obscenities they shouldn't be there. That said, cyber 'rape' is no better or worse than having any asshole annoying your online.
          • by Trails (629752) on Friday May 04 2007, @12:11PM (#18990827)
            I agree. "Virtual rape" can be part of a campaign of harassment and intimidation, but it's ridiculous to equate it to the real life crime. I bet those who've suffered the real thing wish they could have just pushed a button to escape their attacker.
            • by Jeremiah Cornelius (137) on Friday May 04 2007, @12:19PM (#18990983) Homepage Journal
              Sentence them to Virtual time in a Virtual prison.
            • by cayenne8 (626475) on Friday May 04 2007, @12:23PM (#18991061) Homepage Journal
              "I agree. "Virtual rape" can be part of a campaign of harassment and intimidation, but it's ridiculous to equate it to the real life crime. "

              But, the article brings up an interesting point, one that I didn't really know:

              "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 this is in fact, the case, then apparently sexual content in a virtual setting, already IS a crime...which to me is a slippery slope. It seems strange to me, that if you have not committed or tried to commit a physical crime...that just insinuating and talking about it online, can be a crime. To me that borders on thought crime.

              In the case of the quoted part about sexual 'preying' on minors, while disgusting...and I'm talking more about plain text, I'm not sure how it can be illegal? How could the person on the other end know it really was or was not a minor? If it was not a minor they were talking to (but, instead a cop), then what crime was commited since no minor was exposed to the content?

              To stretch it out further. Murder is a crime. Is it a crime to write about an explicit murder of a real person, and post it online, if in fact no threat to actually carry it out are given? What about other illegal activity...illegal sexual activity...is it against the law to write about it and publish it?

              I dunno...I'm having a hard time with something done in a 'virtual' world...where no physical activity has been commited or even threatened, can be criminal. Not pleasant? Sure...but, a prosecutable offense? I don't think so.

              • by Cadallin (863437) on Friday May 04 2007, @12:33PM (#18991255)
                Happens all the time though. Plenty of "Pedophiles" set up dates with "Teenage Girls" and end up meeting FBI agents and going to jail. On the intent to have sex with someone who didn't exist in the first place, and was just a persona of an above the of age of consent FBI agent. Stew on that for a while. "Terrorism" and "Think of the Children!" are a very, very effective Denial of Service on our civil liberties.
            • by clark0r (925569) on Friday May 04 2007, @12:52PM (#18991643) Homepage
              Yes, you're right. This is clearly an insult to victims of FIRST LIFE (ie, real life) rape. 'VIRTUAL RAPE' is just another term coined by 'SHITTY LAWERS' who need to make more money. Nobody felt violated and physically hurt by this action. If anybody else think otherwise, they should get a REAL LIFE and stop being so bloody stupid. I dare anybody with an IQ higher that 60 to challenge me on this.
        • Re:Think about that. (Score:5, Interesting)

          by Seumas (6865) on Friday May 04 2007, @12:13PM (#18990875)
          Virtual rape is a crime as much as stealing a car in GTA is a felony and as much as killing an MMORPG character in PVE is a murder.

          Seriously, are we all suddenly a bunch of pussies? If someone starts calling us names online, we can't have the sense to block them on our messenger of email or forums or wherever else they're bothering us? Are we that fucking mushy and pudgy and brainless and spineless that all we can do is sit there and take the supposed "abuse" until some heroic legislator shows up on a white horse to save us from this life-changing and horrifying crime?

          Here, let's try another experiment:

          Someone writes "I am inserting my penis into your unwilling vagina" to you via instant messenger and you click "block this person" and never hear from them again.

          Or . . .

          Someone lures you into a private room at a party and then forcibly rapes and violates you. You try to cover yourself enough to escape the party afterward, go home and sit in a shower and bleed while inspecting the bruises that were left on your body and then when you go back to your group of friends, you feel compelled to pretend that nothing ever happened and even be civil to that person around them, because you somehow feel guilty for what they did to you and you spend the rest of your life being affected by the physical attack and it impacts your every thought and action - especially with the opposite sex - for the next forty years.

          Yes, I can see how the two are alike.
          • by gfxguy (98788) on Friday May 04 2007, @12:26PM (#18991121)
            Seriously, are we all suddenly a bunch of pussies?

            Yes.

            Do you read the news and see what people are whining and complaing about?

            So... yes, it certainly seems that way.
          • by fatphil (181876) on Friday May 04 2007, @12:55PM (#18991737) Homepage
            My god. If I changed my .sig to "I'm inserting my virtual penis into your unwilling virtual vagina", would I become the worlds most prolific serial virtual rapist? That would be virtually awesome!
            • by fyoder (857358) on Friday May 04 2007, @03:22PM (#18994195) Homepage Journal

              My god. If I changed my .sig to "I'm inserting my virtual penis into your unwilling virtual vagina", would I become the worlds most prolific serial virtual rapist?

              This is slashdot. Perhaps you meant "I'm inserting my virtual penis into your unwilling virtual mangina".

        • Re:No (Score:5, Funny)

          by MBGMorden (803437) on Friday May 04 2007, @12:48PM (#18991579)

          Goatse is an exception of course. That scared me as an adult.
          It scared all of us man. People assume that /.'ers are crazy because we're geeks, or socially introverted, etc, etc. Show Goatse to a room full of regular people though and see how many of them are normal afterwards. My guess is they'll be spewing conspiracy theories and going on about obscure operating systems "sticking it to the man" within minutes.
      • Re:Agreed (Score:5, Insightful)

        by iamacat (583406) on Friday May 04 2007, @01:07PM (#18991951)
        However, it would be totally appropriate for Linden virtual justice system to order virtual incarceration complete with virtual prison showers. Or even virtually lethal injection whereupon your virtual assets are given to the victim and you are never allowed to apply for another account.
        • Re:Agreed (Score:5, Insightful)

          by Elwood P Dowd (16933) <judgmentalist@gmail.com> on Friday May 04 2007, @05:48PM (#18996351) Journal
          Or Linden can just make it so it's impossible to do things to someone else's character without their approval.
        • Re:Agreed (Score:5, Interesting)

          by MickDownUnder (627418) on Friday May 04 2007, @07:01PM (#18997169)
          *COUGH* *COUGH* *COUGH*

          OK now that someone has explained how rape could be punished in second life.

          Can someone please explain to me how the hell one character can rape another in second life?

          What did they do?
          Walk off for a coffee came back to find three guys going to town on their their second life character?

          Having never played the game, my limited knowledge of the game's dynamics tells me "rape" as I know it is a little hard to accomplish in second life.
          • Re:Agreed (Score:5, Informative)

            by hkmarks (1080097) on Friday May 04 2007, @10:52PM (#18998751)
            You can write scripts that take control of other people's avatars. I didn't play for long before getting bored with SL, but usually this is used so people can click on objects and then their avatars interact with them. E.g., if you click on a chair you'll sit in the chair, if you click a bed you'll lie down, if you click a swing set you'll start swinging.

            There are certain situations where your avatar can get "stuck" -- I got stuck between a hammock and a wall once and it took me about 5 minutes to extricate myself. Another time, I got stuck in a "dancing" script after clicking a button and then losing track of where it was, and couldn't stop dancing until I found the "off" button for the dance.

            Usually, it's all fun, but scripts have a high potential for abuse if you make them hard to turn off.
  • Stupid (Score:5, Insightful)

    by x_MeRLiN_x (935994) * on Friday May 04 2007, @11:34AM (#18990111) Homepage
    I don't even understand how you could ask yourself the question. Of course it isn't.

    As someone who spends a lot of time online, I'm usually the one pointing out that despite the fact a conversation takes place over the internet, human emotion is still involed. One shouldn't assume that their actions have no social consequences.

    However, in the realms of RPG, one should come to expect that there are people who seek to disrupt the experience for everyone else and move on.

    I also disagree with the suggestion that threats are unjustly illegal.
  • Lame (Score:4, Insightful)

    by geek (5680) on Friday May 04 2007, @11:36AM (#18990133)
    Rape is literally penetration. If there is none, it's battery, harassment or assault. So no, there is no online rape.
    • Let's see. virtual rape is all 1's and 0's. Has anybody examined the bits to see if any of the 1's were stuck through the middle of any of the 0's? I can forsee a day when a judge has redefined the bit '1' as male because it looks like a big cock, and a '0' could be a cunt hole.

    • Re:Lame (Score:5, Interesting)

      by Goaway (82658) on Friday May 04 2007, @11:59AM (#18990643) Homepage
      rape
      n.

            1. The crime of forcing another person to submit to sex acts, especially sexual intercourse.
            2. The act of seizing and carrying off by force; abduction.
            3. Abusive or improper treatment; violation: a rape of justice.
      • Re:Lame (Score:5, Informative)

        by geek (5680) on Friday May 04 2007, @12:14PM (#18990889)
        Seeing as how I volunteer at a womens center in my off time, counseling battered and raped women, I'd say I do actually. Look the laws up yourself. Rape is penetration, whether it be penile or with an object. Everything else is battery, assault or harassment.
      • Re:Lame (Score:5, Insightful)

        by geek (5680) on Friday May 04 2007, @12:17PM (#18990931)
        The word has a specific definition. Forced Penetration. An orange isn't an apple just because some county out in boondock USA doesn't know the difference. If it isn't forced penetration then it is assault, battery or harassment. You don't get to use the words interchangeably simply because you don't know what they mean literally.
  • by Lurker2288 (995635) on Friday May 04 2007, @11:36AM (#18990149)
    Was she virtually asking for it?

    Don't flame me, I know it's awful.
  • Laughable (Score:5, Insightful)

    by Reason58 (775044) on Friday May 04 2007, @11:37AM (#18990157)
    Does winning a match of CounterStrike make you a mass murderer?

    Everything about TFA is ridiculous.
  • Sure (Score:5, Funny)

    by peipas (809350) on Friday May 04 2007, @11:37AM (#18990169)
    You could get sent to virtual prison.
  • Nope (Score:5, Insightful)

    by nacturation (646836) <nacturation@Nospam.gmail.com> on Friday May 04 2007, @11:38AM (#18990173) Journal
    If there's any trauma, it's because someone has over-personified their online avatar. Imagine someone totally into those "choose your own adventure" books and really identifies with the character. Someone takes their book and where it says "A large woman shoves a sandwich in your pocket and sends you on your way" and they cross out and replace a few words so it now says "A large woman shoves a large stick in your ass and sends you on your way". Is that sodomy?

    At any rate, online "crimes" in a game should not be dealt with in real life. There should be an in-game mechanism just like there's an in-life mechanism. Have an in-game jail or just simply ban the offender -- this should be decided by the community.
     
      • In most major MMOs you can report unwanted sexual chat to the GMs (all chat is logged) and they'll warn/ban the offending player depending on how severe the infraction is. Also, you can always /ignore.

        In SecondLife (which is apparently what the article was about), you have the ban tools available on your own character. You can literally ban people from entering your land and there is not a lot they can do about it. If they try real hard to harass you anyway, then you can involve the Lindens and have them sent to the cornfield, but that measure is almost never necessary since the regular ban tools are generally enough to get the point across.

        The whole article reads like this to me:

        This is like a guy walking up to a girl and going "I just totally undressed you with my mind", and the girl going "OMG! I'm ruined for life now! Nobody will marry me! I'll be a virgin FOREVER!"
        The proper response was a slap to the face, not a 2000 word post on your blog about the atrocities of "mental rape".
  • F*ck you! (Score:5, Funny)

    by SpeedyDX (1014595) <speedyphoenix AT gmail DOT com> on Friday May 04 2007, @11:38AM (#18990183)
    "Hey! What the hell are you doing to my character>!?!?!"

    "You said you'd f*ck me! It's in the chat logs! It's consensual! You have nothing on me!! HAHAHAHAHAHA"
  • by danbert8 (1024253) on Friday May 04 2007, @11:39AM (#18990203)
    Teabagging after a good round of pwnage will be illegal now.
  • by Aladrin (926209) on Friday May 04 2007, @11:40AM (#18990221)
    This is not a court case. It's not a first-hand account. It's not an outraged person.

    It's a blog.

    Not even a blog by someone it happened to. Just a blog trying to gain attention.

    Rape in online games is almost impossible to pull off. You have to Get the person to stand still for it, not report you, and not log off. Even assuming that you are camping the Sword of Killing and you've been sitting there for 5 hours, it's hard to believe you'd let something happen that scars your very soul to get it.

    That's what rape is. A scar that's so deep it marks your soul.

    No, what they're really talking about is simply harassment. Calling it rape is an insult to anyone who has ever been raped. Someone saying naughty words to you in a video game, or even having their character make nasty gestures, is NOT on the same level as rape.
    • by Remus Shepherd (32833) <remus@panix.com> on Friday May 04 2007, @11:52AM (#18990471) Homepage
      Rape in online games is almost impossible to pull off. You have to Get the person to stand still for it, not report you, and not log off.

      Eh...in Second Life it's a little different. Users can create customized animations that can be very detailed and last a long time, and their environment is a working physics simulation. You can use that physics to harass others -- knocking people into orbit is a common form of griefing on SL. Or you can trick someone into accepting and running your animation -- all it takes is for them to click on an object you control once. If they do that, you gain the ability to make their avatar do anything you want, as if you installed a rootkit on their avatar. So 'standing still' isn't a problem. You can be tricked into cooperating.

      As the article mentions, 'logging off' isn't always an answer, especially if you're doing business on SL. Logging off then means closing up shop, and that's a bad solution.

      The good solutions are reporting it to Linden and getting a (hopefully) swift response, or using common sense and anti-griefer tools to protect yourself. I think this is all going to boil down to 'should we protect people with bad judgement online?' And I think the correct answer is, 'If they're adults, then No.'
  • by rbanzai (596355) on Friday May 04 2007, @11:41AM (#18990239)
    This kind of "crime" should be covered under the TOS of the service. The only time this should get escalated is if it meets the criteria of real world criminal code covering harassment via electronic means, such as phone calls, email, etc.

    This should not ever be considered an analogue to real world rape. That would be a mockery of the real world crime.
  • by garbletext (669861) on Friday May 04 2007, @11:41AM (#18990249)
    One thing that I learned from the Duke Lacrosse case is that in most US jurisdictions, and possibly elsewhere, Rape is legally defined as including penile penetration. Thus when the accuser changed her story and said that she thought she might only have been penetrated by an object, the DA was forced to drop the rape charges to sexual assault. Online, penetration with anything is impossible, although abuse and assault have much broader definitions which certainly could include online speech and actions.
  • If being raped in Second Life is a crime, then we need to invent new punishments for what happened to me on Furrymuck.
  • "Today the FBI announced the largest ever nationwide mass arrest, as over 12 million World of Warcraft players were arrested for "Virtual Murder." Said FBI Virtual Crimes Section Chief Leonard Scarp: "These people have slain untold numbers of Night Elves, Dwarfs, Griffins, and Dragons, via such horrible means as decapitation, death by fire, and vile necromancy. Each and every one of them is a hard-core virtual murderer." A giant internment camp is being built in the Nevada desert to house the criminals while they await trial."

    "In other news, ScuttleMonkey Industries reported that their profits were at an all-time high thanks to continued graft payments from the creators of Second Life to continue greenlighting stories about their company on Slashdot..."

    Crow T. Trollbot

  • ...there should be virtual punishment.

    And that is all.

    TLF
  • Moronic (Score:5, Insightful)

    by DaleGlass (1068434) on Friday May 04 2007, @11:45AM (#18990353) Homepage
    A rape can be simulated in SL just fine, but it's stupid to compare it to the real thing. It's most definitely a reason to ban somebody, but for a lawsuit?

    In SL, people can make your avatar execute an animation if you give consent. Things that involve animating both avatars, such as a hug for instance, are initiated by one of them, and the other must click "ok" to accept the offer.

    Of course they could make it be misleading by presenting it as something harmless and then make the actual thing be nasty, but you can always teleport away, and reset all animations in progress (it's an option in the tools menu). It's not really possible to do something to somebody that they'd be unable to stop.

  • by nanosquid (1074949) on Friday May 04 2007, @01:35PM (#18992449)
    There is no way you can get "raped" in Second Life, not even virtually. People can't hold or imprison you against your will; you can always teleport out with no consequence to your avatar. People can't even remove your clothes; you always have to undress yourself. You don't "lose your investment in your avatar" or anything else, and you don't need to change your identity.

    So, if you don't want to have sex in Second Life, just keep your clothes on. If nudity offends you, stay out of areas where people run around nude. Simple enough?