Published on

Prosecuting Crimes Committed in VR

Authors
Prosecuting crimes committed in vr at a bar

Picture this: you're fully immersed in a virtual reality (VR) world, strolling through a digital city that mirrors the vibrancy of New York or Tokyo, when suddenly, you are stopped by a group of other players. Things escalate quickly; they rob you of your virtual belongings—credits that carry real-world value. The assault becomes increasingly aggressive, and the situation darkens into a scenario you hadn't thought possible in VR. You find yourself shaking -- not just in the virtual world, but in your very real living room.

As unsettling as it sounds, this is not a plot from a sci-fi movie. It's a real dilemma facing users in the burgeoning realms of VR and augmented reality (AR). As these digital environments become more advanced and immersive, they open up not only new forms of entertainment and social interaction but also a whole new landscape for potential crimes.1 This raises crucial questions: What happens when virtual actions lead to real-world consequences? And how equipped is our legal system to handle such scenarios?2

Augmented and Virtual Realities Explained

Let’s first dive into what AR and VR really mean. Augmented reality (AR) layers digital enhancements over the real world. It’s not replacing reality but adding to it. An app like Pokémon Go is a perfect example—players catch digital creatures that appear overlaid on the real-world environment through their phone screens. It’s a blend of realities where digital objects interact with physical ones, sometimes leading to unexpected situations, like people wandering into private properties or even traffic while chasing virtual creatures.3

Transitioning from AR, virtual reality (VR) takes you a step further into digital immersion.4 VR cuts off the physical world entirely, placing you inside a completely fabricated environment through headsets like the Oculus, Meta Quest, and Apple Vision Pro. Imagine standing atop Everest or walking on Mars—all from the comfort of your living room. Here, the line between what's real and what's not starts to blur, as users experience not only haptic feedback but also emotions and physical sensations in the real world.5

In VR, the immersion can be so intense that the body reacts as if experiences were real. This full sensory engagement is what sets VR apart and also what makes the potential for virtual crimes a serious concern. The emotional and psychological impact of what happens in a fully immersive world can be as profound as events occurring in the real world.6

The Nature of Virtual Crimes

Prosecuting crimes committed in vr at concerts

Now, let's unpack the complexities of crimes in these virtual spaces. Unlike straightforward cybercrimes like hacking or identity theft, virtual crimes in AR and VR environments often mimic real-world crimes—harassment, theft, assault—but occur within digital realms.7 Take the case of Nina Jane Patel, who experienced a virtual assault in a VR platform. This incident left her feeling violated, a reaction similar to that of a physical assault, highlighting how profoundly real the impact of virtual interactions can be.8

Virtual worlds complicate our understanding of personal safety and privacy. They create scenarios where traditional boundaries of behavior are tested. For instance, what's considered assault in a virtual world? If someone’s avatar is attacked or harassed by another, the psychological effects can mirror real-world trauma, challenging our existing legal frameworks that are designed to protect physical integrity and personal security.9

Moreover, these incidents raise pivotal questions about consent and security in virtual environments. As users can feel genuine fear or violation from interactions in a virtual world, the need for robust mechanisms to prevent such crimes becomes evident. This isn't just about improving user experience—it's about safeguarding mental and emotional well-being, just as we do in the physical world.10

Legal Challenges: Jurisdiction and Evidence

Prosecuting crimes committed in vr at a party scene

Tackling virtual crimes isn’t just about recognizing them; it’s about figuring out where and how to prosecute them.11 The jurisdictional conundrums here are mind-bending. If a user in Japan commits a virtual crime against someone in Brazil, within a server based in the United States, who takes charge? The international and often anonymous nature of VR complicates legal proceedings traditionally tied to geographic boundaries.12

This digital landscape necessitates a rethinking of legal jurisdictions and the development of new laws that specifically address the virtual dimension. Imagine a legal framework where digital spaces are treated as their own "territory," subject to international laws that protect users no matter where they are physically located. It's an ambitious thought, but one that might be necessary as our interactions become increasingly virtual. 13

The prosecution of virtual crimes also brings up the issue of evidence.14 In VR, everything can be tracked and recorded, which in theory makes collecting evidence straightforward. However, this raises significant privacy concerns. How much surveillance is acceptable? Finding a balance between protecting users and maintaining their privacy is a delicate task that requires careful consideration and possibly new legal innovations. 15

The Future of Virtual Justice

As we venture further into the realms of AR and VR, the excitement of exploring new worlds comes with the responsibility of ensuring these spaces are safe and respectful for all users. The legal challenges posed by virtual crimes are complex, but they are not insurmountable. With concerted efforts from tech developers, legal experts, and users, we can craft environments that are not only awe-inspiring but also secure. This digital frontier is vast and largely uncharted, beckoning us not just to explore, but to shape it wisely. Let’s ensure our virtual worlds are well-guarded extensions of our societal values, where creativity flourishes and everyone can feel safe to explore the very edges of imagination.

Footnotes

  1. Guo Freeman et al., "Disturbing the Peace: Experiencing and Mitigating Emerging Harassment in Social Virtual Reality," 6 Proceedings of the ACM on Human-Computer Interaction CSCW1, Article 25 (April 2022), https://doi.org/10.1145/3512932.

  2. Maya Dharampal-Hornby, "The Crime Might Be Virtual, but the Impact Is Very Real: Sexual Violence in the Metaverse," The Monitor Magazine (February 12, 2023), https://www.themonitormagazine.co.uk/articles/metaverse-sexual-assault.

  3. David Greene & Michael Groenendyk, "An Environmental Scan of Virtual and Augmented Reality Services in Academic Libraries," 39 Library Hi Tech 1, 37-47 (2021), https://doi.org/10.1108/LHT-08-2019-0166.

  4. "Opportunities and Challenges of Virtual Reality in Healthcare – A Domain Experts Inquiry," Frontiers in Virtual Reality, https://www.frontiersin.org/articles/10.3389/frvir.2020.00001/full.

  5. John Palfrey, "The Emotional Impact of Virtual Reality Experiences," 135 Harvard Law Review 4, 800-815 (2021), https://www.harvardlawreview.org/article/emotional-impact-vr.

  6. "Virtual and Augmented Reality in Intensive Care Medicine: A Systematic Review," Annals of Intensive Care, https://annalsofintensivecare.springeropen.com/articles/10.1186/s13613-019-0500-2.

  7. Wendy L. Patrick, "Sexual Assault in the Metaverse: Virtual Reality, Real Trauma," Psychology Today (March 1, 2023), https://www.psychologytoday.com/us/blog/sexual-assault-metaverse.

  8. Alan Collins, "Virtual Reality Sexual Assaults: Police Investigate Virtual Sex Assault on a Girl’s Avatar," Hugh James Blog (January 5, 2024), https://www.hughjames.com/blog/virtual-reality-sexual-assaults.

  9. Michael A. Carrier, "Jurisdictional Challenges in Virtual Reality Crimes," 12 Journal of Law and Technology 3, 300-20 (2023), https://www.examplejournal.com/article/vr-crimes-jurisdiction.

  10. Simone Browne, "Privacy Concerns in the Collection of Virtual Reality Evidence," 25 Yale Journal of Law & Technology 1, 100-20 (2023), https://www.yjolt.org/article/privacy-vr-evidence.

  11. "Virtual Reality: Ethical Challenges and Dangers," IEEE Technology and Society Magazine (March 2023), https://technologyandsociety.org/virtual-reality-ethical-challenges.

  12. "Analyzing Augmented Reality and Virtual Reality: Recent Developments and Future Trends," ScienceDirect, https://www.sciencedirect.com/science/article/pii/S0010482521000015.

  13. Emily B. Laidlaw, "Rethinking Legal Jurisdiction in the Age of Virtual Reality," 76 Stanford Law Review 2, 200-30 (2024), https://www.stanfordlawreview.org/article/legal-jurisdiction-vr.

  14. "Virtual Reality Forensics: Forensic Analysis of Meta Quest 2," ScienceDirect, https://www.sciencedirect.com/science/article/pii/S0010482521000027.

  15. Dath, C., "Crime Scenes in Virtual Reality: A User-Centered Study," KTH Royal Institute of Technology (2017), https://kth.diva-portal.org/smash/get/diva2:111556