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Police investigate virtual sex assault on girl's avatar
(www.bbc.com)
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this post was submitted on 03 Jan 2024
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It sounds ridiculous that they assaulted an avatar. I think it is the wrong take. The avatar is just the medium. The target was obviously the person behind the avatar. It's like saying that threats over text message is assaulting her phone.
Ssssh it's okay iphone. Don't listen to them. I know you were just protecting me from the bullies in high school
I didn't know how to feel about the headline when I read it, is it possible to do that? I still don't know. It's not really for me to decide how SHE feels either. It just sounds.... Weird? And not possible? I don't know.
Regardless, in my mind, it depends on what the action was. If I send a text to your phone to hack it, then I guess I'm "assaulting your phone" but if the phone is the medium used to get to you then obviously it's towards you.
And this can all be made moot by the software devs with an input box "keep non-friends N meters away". Its all tech and virtual. Whatever she has a problem with can be an option to toggle for her.
Example from the article what it can look like:
So, I guess the appropriate terminology would be sexual harassment of the person by virtual sexual assault on their avatar in the VR space, or something like that.
I can imagine for an innocent person unprepared for it to be ganged and surrounded by deviants in VR sounds like it could be a proper traumatic experience. I don't think there should be downplaying or normalizing this kind of experience for the sole reason that pervs are to be expected online. There is no reason to sink expectations of society to the lowest uncommon deranged denominator.
I feel guilty for that, I really do, but this description is very funny for me in a way a South Park episode could be.
It is absurd and funny, I agree, but only because it is not representative of what actually happened.
Yeah, I had and sometimes still have very strong feelings over much smaller unpleasantries in the Web, so it is bad.
No one is down playing it, it's being up played by being labeled sexual assault. At worst this should be considered harassment.
Plenty of comments here alone dismiss everything about it.
We, as a seasoned internet nerd community and the gamers amongst us in particular, may have been exposed to edgy and lewd behaviour online since forever, not that it is a good thing.
It should not be considered normal that it happens everywhere online and it should not be expected that everyone should be as cynical and desensitised as we are.
But yeah. Assault is the wrong charge. It is sexual harassment. And it should be taken seriously.
It can't be sexual assault.
[Edit: Sexual] Assault is physical contact.
No, that's battery.
You're thinking of battery
Downvoted for being right. Reddit 2.0
https://www.legislation.gov.uk/ukpga/2003/42/part/1/crossheading/assault
https://www.findlaw.com/state/new-york-law/new-york-sexual-assault-laws.html
https://www.shouselaw.com/ca/defense/penal-code/243-4/
You can look at other jurisdictions, but physical contact is core to the definition.
nope
https://vindicatelaw.com/assault-vs-battery-are-they-the-same-or-different-crimes/
https://www.findlaw.com/criminal/criminal-charges/assault-and-battery-overview.html
https://www.law.cornell.edu/wex/assault_and_battery
I gave you the relevant jurisdiction and two major US ones. In all three cases, it cannot be sexual assault without actual sexual contact with the victim.
Regular assault isn't relevant here.
And one of them says.
The one that also tells you California uses the terms interchangeably?
Yep.
But that still doesn't change the way the legal systems views the terms assault and battery
This topic isn't about assault vs battery. This topic is about sexual assault.
In the relevant legal system (and two major US ones), the law requires actual physical contact for sexual assault.