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Danaher, John --- "The law and ethics of virtual sexual assault" [2018] ELECD 1384; in Barfield, Woodrow; Blitz, J. Marc (eds), "Research Handbook on the Law of Virtual and Augmented Reality" (Edward Elgar Publishing, 2018) 363

Book Title: Research Handbook on the Law of Virtual and Augmented Reality

Editor(s): Barfield, Woodrow; Blitz, J. Marc

Publisher: Edward Elgar Publishing

ISBN: 9781786438584

Section: Chapter 12

Section Title: The law and ethics of virtual sexual assault

Author(s): Danaher, John

Number of pages: 26

Abstract/Description:

The chapter proposes a definition and classificatory scheme for understanding the phenomenon of virtual sexual assault. It argues that virtual sexual assault is complex due to the different modes of interaction that are possible in a virtual environment, and that there could be as many as six different types of virtual sexual assault that are worthy of consideration. The chapter then considers how seriously it is worth taking these six different types of virtual sexual assault, addressing the question of whether criminalization is warranted. It argues that criminalization may be warranted when virtual sexual assault is “real” and satisfies the conditions usually required for criminalization. It also argues that people can be rightly held responsible for virtual acts. The chapter concludes by addressing a variety of issues that arise in relation to consent, and its absence, in virtual sexual encounters.