Is there such a thing as virtual rape?

As life moves online so does crime. Is there such a thing as virtual rape?

Definition: Rape is a form of assault where an individual forces another to have sexual intercourse against that person’s will.

Does this apply to avatars? Technically, avatars are codes, software programs controlled from a keyboard. They look like humanoids, but in fact they are still software programs. A person with the ability to create and manipulate coding can in fact “hack” into anther code (avatar) and take control of what that avatar does.

If a person does take control of anther’s avatar and directs the avatar to have sex with someone that they otherwise would not have sex with -- does that make it rape?

A thesis written by Wesley Cooper of the University of Alberta believes

“Although a virtual rape is not a rape, it can be a betrayal of the values that a virtual community builds itself around, and a humiliating insult to the player whose character is victimized.”

However in Julian Biddell's "A Rape in Cyberspace" she says

“Where before I'd found it hard to take virtual rape seriously, I

now was finding it difficult to remember how I could ever NOT have taken it seriously. “

The action was an assault and it did indeed force an individual’s avatar to have sexual intercourse against the live person’s will. Rape?

In most jurisdictions there can be no rape without penetration – which seems like an impossible concept in virtual worlds. Yet stalking and harassment definitely exists and laws now include internet stalking and harassment as a crime punishable by law.

As business and social interactions online increases, so does the need for mutually agreed upon law and or conventions covering property, copyright, contracts, crime (including sex crimes), tax, privacy, gambling and money laundering. Already US tax laws are being considered and drafted based on the dollars earned ‘in-world’ and taken out of the virtual world.

When a “crime” happens where is the jurisdiction?

If the victim is in the US but the attacker is in Australia, where is the case to be dealt with?

Can the owner of a game / virtual world dictate certain laws to apply to gamers?

What are the consequences of letting private companies make laws for millions of people?