Harassment in the Metaverse: First Final Rulings
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listIn this article
lightbulbKey Takeaways
- check_circleVirtual sexual assault
- check_circleMoral integrity
- check_circleVR and Trauma
- check_circleDigital restraining order
Quick answer
The debate is whether conduct such as 'sexually assaulting' another person's avatar in an immersive virtual-reality environment can amount to an offence in Spain. Even without physical contact, it is argued that the psychological impact and humiliation could fall under a crime against moral integrity (Art. 173 CP), potentially with a hate-crime aggravating factor. The tendency is to treat the avatar not as a mere drawing but as a projection of the personality of the real person behind the goggles, so that attacking the avatar means attacking that person's dignity.
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It seemed like science fiction, but it is now jurisprudence. A Criminal Court has sentenced a user to prison for 'sexually assaulting' a minor's avatar in an immersive VR environment. The judge understood that, although there was no physical contact, the psychological impact and humiliation constitute a crime against moral integrity (Art. 173 CP) with a hate crime aggravator.
The Avatar as an Extension of Personality
The ruling sets a historic precedent: in fully immersive environments (haptic VR), the avatar is not a drawing; it is a projection of legal personality. Attacking the avatar is attacking the dignity of the real person behind the goggles.
Virtual Restraining Orders
We are already requesting and obtaining precautionary measures that prohibit the aggressor from connecting to the same servers or platforms as the victim, under penalty of breach of sentence. 'Geolocation' is replaced by 'IP-localization'.
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