Virtual criminal encroachments on sexual freedom or inviolability in the space of the Metaverse

Abstract

The article substantiates the identity between the psychosomatic reactions of the human biological body and the information received by the user in the Metaverse through the extended reality technology. It is proved that the psychological connection between the user and his/her avatar depends not so much on the similarity between them, but on the efforts and resources spent on creating such an image. It is substantiated that users of virtual worlds to some extent associate or identify themselves with their virtual bodies or characters, and a significant part of the virtual experience is perceived as a very real experience. The sense of one's own virtual presence can be so compelling that it can affect the degree of self-identity of a person, and therefore virtual forms of sexual or other abuse can be experienced as physical and directly participate in the mechanism of causing socially dangerous harm. The author considers certain ways of encroaching on sexual freedom or sexual inviolability, in particular, fraud, body blending using deepfake technology, taking possession of an avatar, forcing it to perform certain actions, overt verbal and graphic actions, covert actions, causing tactile sensations without the consent of another person, socially dangerous behaviour of bots and algorithms that control the space of a certain Metaverse with the help of artificial intelligence. Based on the study, the author proposes to supplement the Criminal Code of Ukraine with new provisions aimed at preventing criminal offences against sexual freedom or sexual inviolability in the virtual space of the Metaverse. For the purposes of legal regulation, the author proposes to distinguish certain parts of the Metaverse and, according to the criteria of control and functional purpose, to divide them into closed (individual), corporate (collective) and public spaces.