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ATTACKS IN THE METAVERSE ARE BOOMING. POLICE ARE STARTING TO PAY ATTENTION.


A GROWING COHORT OF ACTIVISTS ARE URGING POLICE FORCES TO GRAPPLE WITH SEXUAL
ATTACKS IN VIRTUAL REALITY, BUT PROSECUTING DIGITAL ABUSE COULD BE TRICKY

By Naomi Nix
Updated February 6, 2024 at 3:34 p.m. EST|Published February 4, 2024 at 7:00
a.m. EST

(Illustration by Emily Sabens/The Washington Post; iStock)

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Though the attack took place in virtual reality, Nina Jane Patel was surprised
to feel her real heart racing in her chest.

Three male figures surrounded her avatar in Horizon Venues, a virtual live
events program created by Meta. They touched her avatar’s breasts and pressed
their torsos rhythmically against her, telling her that she wanted it. A fourth
took photos of the incident in the app.



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“My physical body was responding,” said Patel, 45, a virtual reality researcher
and consultant with the Zero Abuse Project, describing the 2021 attack. “I was
very uncomfortable. Fight or flight mode kicked in.”

As virtual reality programs are booming, so are reports of attacks, harassment
and sexual assault. Some activists argue these incidents should be treated as
serious — even criminal — acts. And authorities are starting to pay attention.

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This spring, under a grant from the U.S. Justice Department, the Zero Abuse
Project will hold workshops to explain the metaverse and its dangers to state
and local police. And last month, the international law enforcement group
Interpol called on global police forces to develop protocols to address crimes
committed in VR, including sexual assault.

“With its increasing use and the number of participants,” Interpol wrote in a
report,, “there is a need to define what constitutes crimes and harms in the
Metaverse.”

Kids are flocking to Facebook’s ‘metaverse.’ Experts worry predators will
follow.

Emerging science suggests that harassment in digital worlds can have a profound
psychological impact similar to real-life attacks. But prosecuting virtual
crimes would require a dramatic rewriting of legal precedent. Laws governing
rape and sexual assault require evidence that a physical incident occurred. And
while harassment statutes might technically apply, they often require multiple
offenses and are tricky to prove.

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Some urge caution in declaring these real crimes, despite genuine harms.

“People kill each other all the time in video games but we don’t call them
murderers,” said Aya Gruber, a law professor at the University of Southern
California who has studied rape laws and called jail a “blunt tool” for
addressing online behavior.

Others say the situation is urgent and demands immediate protocols. Dan Barry,
an investigations specialist at the Zero Abuse Project, set up a test profile
mimicking a 13-year old girl on VRChat, a virtual reality program. Almost
immediately, the girl’s avatar was greeted by male avatars, who made sexual
comments and asked her to chat privately.

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“That child could be [sexually] assaulted by [an] adult,” he said. “There are
not a lot of controls in these spaces.”

These challenges arise as major technology companies are investing billions of
dollars into virtual reality programs, aiming to transform them into a new
computing platform. Meta CEO Mark Zuckerberg has said virtual- and
augmented-reality-powered devices will eventually replace mobile phones and some
in-person communication. Apple’s virtual reality headset, Vision Pro, went on
sale Friday.

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Meta spokesperson Erin McPike said in a statement that the company sets a
“personal boundary” for users inside Horizon Worlds that prevents other avatars
from getting too close.

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Many of the earliest adopters of virtual reality came from the video game
industry — a sector that has struggled with racism, sexism and harassment. These
issues exploded into the public in the 2014 phenomenon known as “gamergate,”
when internet trolls organized to harass women in gaming circles.

Meta doesn’t want to police the metaverse. Kids are paying the price.

Experts say these issues have migrated to social VR apps, where users interact
with each other in virtual bars, concerts and event spaces. One 2018 study found
that 49 percent of women who regularly used VR reported experiencing at least
one instance of sexual harassment.

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For people who use VR, harassment “is a growing concern,” said Clemson
University professor Guo Freeman, author of a forthcoming study on harassment in
the metaverse. “Some people actually told us they would quit” because of the
abuse.

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Experts say the immersive nature of virtual reality can make online attacks feel
real. Researchers use the phrase “embodiment” to describe the intimate
connection people feel with their digital avatar. Headsets from Apple and Meta
with advanced audio and “eye-tracking” enhance this feeling, by making virtual
experiences seem real.

“This type of immersive and embodied experience [makes] harassing behavior feel
as realistic as in the physical world,” Freeman said. “It’s like my offline body
is attacked because it feels so real. It’s like someone is touching me.”

Patel said that while she logically knows her attack happened to a digital
avatar, hearing the voices of her attackers in her ear made it feel like it was
happening to her body.

Facebook pivoted to the metaverse. Now it wants to show off its AI.

While victims might suffer profound emotional impacts, it’s unlikely that law
enforcement and courts will interpret these experiences similarly. Most legal
definitions of rape require a physical sexual act to have occurred in order for
prosecutors to pursue a case, said John Bandler, a lawyer specializing in
cybersecurity and former assistant district attorney at the New York County
District Attorney’s Office.

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“It’s not a rape as defined in the criminal law,” Bandler said of attacks in
virtual reality. “It’s not an act in the physical world.”

Experts said it might be possible to prosecute offenders under a lesser
harassment charge. But those charges are often made when the perpetrator has
committed multiple offenses over time, said Mary Anne Franks, a George
Washington Law School professor.

“To rise to the level of something criminal, [a perpetrator] would have to have
done something repeatedly — that is follow this person home or they show up at
work the next day,” Franks said. “And online too, there would need to be more
than just one incident, where someone has been aggressive.”

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Franks added that law enforcement agencies have historically not always
prioritized harassment cases in the physical world and might be even more
reluctant to devote extensive resources to investigate virtual incidents.

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“There’s a long-standing view that these kinds of assaults — this kind of abuse
— isn’t as real and not as serious,” she said.

A teen girl sexually exploited on Snapchat takes on American tech

Many caution that more research is needed to understand the impact of criminal
or unethical behavior in VR before it’s criminalized.

Soon after her attack, Patel wrote about her experience on Medium and she was
bombarded with emails telling her she was “stupid” and “ridiculous” to call her
experience an assault.

“I had no intentions of being the woman who was sexually assaulted in the
metaverse,” she said. “What my intention is is to share my story — this story,
the story of many, in order to raise the alarm bells.”

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