Police Investigation into Sexual Assault in the Metaverse - The Real Risks of Virtual Reality and how they can be Countered

The metaverse arose through various incarnations since is first was mentioned in a work of fiction in 1992, moving through various immersive virtual platforms. It is now firmly embedded in a multitude of virtual reality platforms accessed through an avatar to experience augmented reality where individuals can act out a wide range of experiences.

Almost inevitably the metaverse has been used by criminals to perpetrate, amongst other crimes, identity fraud, financial crime and mis-information. Europol has recently updated their report “Policing in the Metaverse: what law enforcement needs to know”.

It has been reported that, possibly for the first time, the police are investigating a serious sexual assault in the metaverse changing the impunity that perpetrators of cyber sexual assault currently enjoy. An under-age girl’s avatar was gang-raped by strangers on-line, clearly she did not suffer physical injuries but she has experienced severe emotional trauma and psychological damage equal to that experienced by a victim attacked in the real world.

Vincenzo Senatore, senior partner, commented “new technology is providing new opportunities for criminals to perpetrate criminal behaviour and the cyber world has been very slow to introduce protections for individuals when interacting in virtual reality. The recently enacted Online Safety Act 2023 introduces new cyber offences addressing illegal and harmful content online.” Vincenzo further pointed out “the new criminal offences include - “The threatening communications offence, to capture communications which convey a threat of serious harm, such as grievous bodily harm or rape” – however these threats are intended to relate to actions proposed to take place in the real world. It will be a new challenge to the courts to consider how the adverse effects of actions in the cyber world should be policed and punished.”

This is not the first time that female avatars have been subjected to gang rape and sexual attack. Meta’s Horizon Worlds has a personal boundary setting that distances any interaction preventing avatars from getting closer than four feet of each other, however it can be disabled. This was introduced as a result of accounts of rape on the platform. Previously, a woman researcher was similarly attacked by strangers as well as a psychotherapist who conducts research on the metaverse.

Both regulators and the law have been slow to react to anti-social and criminal behaviour committed despite the evidence that the very worst type of behaviour is demonstrated in what, to the criminal, appears to be at an anonymous safe distance. The platforms themselves have previously shown a marked resistance to removing questionable content that has the potential to harm individuals, actively resisting removing content that could impact on vulnerable individuals.

Giambrone & Partners’ well-regarded lawyers believe that the police investigating the underage matter may find it difficult to navigate to a successful legal conclusion under the current law. However, once the Online Safety Act 2023 becomes effective, when the Secretary of State has made secondary legislation in order to implement the Act, a raft of criminal offences and legal sanctions will be able to more effectively deal with cybercrime.

Legal Sanctions

The new offences will be accompanied by the following legal sanctions implemented by Ofcom, ("the Office of Communications") the UK communications regulator, if renegade companies breach the new laws:

• Organisations that have been flagged as non-compliant companies that fail to put things right quickly can be subject to fines of up to £18 million or 10% of their turnover, whichever is greater. Ofcom can also apply to the court.
• Senior managers that fail to ensure that the organisation complies with a formal request from Ofcom or who deliberately withhold or destroy information or executives whose companies fail to comply with child protection rules will be subject to criminal sanctions.
• Ofcom will have the ability to make companies alter their behaviour by taking steps to improve compliance by using proactive technology that can identify illegal content and make sure that children are not being able to encounter harmful material.
• Ofcom will have the powers to amass the information it requires to support its claims and support enforcement activity and oversight.
• Ofcom will assist organisations to comply by publishing codes of practice outlining the new duties. Companies will need to demonstrate that they have an effective approach. Ofcom is expected to work in collaboration with companies to help them understand their new obligations and responsibilities to protect their users from cyber harm.

New offences

• False Communications offence to protect a user from deliberate harm by a sender sending something knowingly false that is intended to cause harm. 
• Threatening Communications offence threats of grievous bodily harm or rape. 
• Sending a message intentionally with the objective of causing serious distress as well as “epilepsy trolling” where flashing images are sent to epilepsy suffers.

Vincenzo Senatore advises clients in a broad range of matters including national and international businesses, focussing on complex cross-border issues, assisting in contentious commercial issues involving share price disputes, breaches of contract and merger and acquisition disputes. 

Vincenzo is well-regarded for his astute analysis of complex situations and his agile ability to navigate the intricacies involved in cross-border disputes. He recognises that alternative dispute resolution (conciliation, mediation and arbitration) are often more suited to the best interests of the client. Where litigation is undertaken, Vincenzo is focused and rigorous in his pursuit of a successful outcome for our clients.

Vincenzo also has extensive experience in cross-border criminal cases from matters involving breaches of the peace to assisting and advising on suspicious deaths abroad. 

To learn more about how to protect your business and avoid sanctions related to the Online Safety Act or if you believe you have been harmed in the metaverse contact us at clientservices@giambronelaw.com or please click here.