Virtual Rape: An Emerging Crime in Cyberspace

  • Sunidhi Pandey,
  • Sagar Choudhary and Priyanshu Tejaswi
  • Show Author Details
  • Sunidhi Pandey

    LL.M. Student at Amity University, Lucknow Campus, India

  • Sagar Choudhary

    LL.M. Student at University of Calcutta, Kolkata, India

  • Priyanshu Tejaswi

    LL.M. Student at National Forensic Sciences University, Gandhinagar, India

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Abstract

Since cyber technology is changing everyday, the way of crime committed using it is also changing thus putting the users who use technology in harms’ way. One such crime is Virtual Rape. In the simplest manner virtual rape can be termed as when a person is sexually assaulted or is a victim of sexual harassment but not in the physical world rather in the cyber world. The cyber world is already being threatened with different kinds of cybercrimes but it also needs a reformation for the concept of virtual rape as well. The virtual rape although does not happen physically but the online character or avatar of a person in any online platform gets sexually assaulted by other characters present online. As of now there is no law available to curb such crime, because till now we have not been able to define virtual rape as to what would constitute such crime and what are the ingredients necessary to conclude that a crime of virtual rape has been committed. This paper will be divided into six parts. The first part is introductory and will discuss about what is rape. The second part will discuss about the cyber world. The third part will discuss virtual rape and even though it has not been defined as of now what should be a basic definition of virtual rape. In the fourth part we will reflect upon the technical aspects related to virtual rape. In this chapter we will also discuss what are the technical flaws as of now due to which such crimes are committed. The fifth chapter will focus on the legal aspects related to the crime of virtual rape and the laws that need to be made in order to declare such acts as crime against people. This chapter will try to provide a legal definition of virtual rape that may come within the scope of both criminal laws as well as cyber laws. Apart from this, the chapter will also try to look upon any existing laws related to virtual rape and what are the changes that need to be made in order to provide a strong legal system against such crimes. The final chapter will discuss the conclusion and suggestions that need to be given against such acts of crime.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2660 - 2670

DOI: https://doij.org/10.10000/IJLMH.119306

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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