Sexual Violence Moving into the Mobile Space: Legal and Policy Considerations for Response

With the progress of mobile technology, novel manifestations of diverse sexual offences through digital environments have arisen as significant societal challenges. Digital sexual violence, charaterised by the anonymity inherent in online spaces, attenuates the perpetrator’s sense of culpability. Moreover, the profound ramifications of dissemination and propagation within the cyber realm exacerbate the consequential damages. The current legal framework responds to the evolving landscape of emerging crimes by enacting and amending various specialised laws. However, the speed of legislative and institutional responses has been insufficient to keep pace with the rapid emergence of novel offences. Additionally, the prevalence of unwanted sexual contact issues between avatars in virtual spaces poses a significant challenge. Traditional legal theories face limitations in effectively addressing and penalising such incidents. Therefore, substantive legal provisions must be formulated only after thorough humanities and social sciences discourse. In addition to institutional constraints, the formation of cartels among actors engaged in the sexual exploitation industry and the propagation of distorted and discriminatory sexual attitudes function as fundamental impediments to the effective eradication of sexual violence in our society. In this context, the present report advocates for the legislation that comprehensively governs the prosecution of digital sexual violence crimes and the protection of victims. It proposes amending laws to rectify potential deficiencies within the current legal elements of criminal offences. Additionally, the report suggests the introduction of a non-conviction-based confiscation mechanism as a strategic measure to recover proceeds generated from crimes associated with sexual exploitation efficiently. In the prospective context, it is anticipated that there will be a requisite for legal regulation concerning undesired sexual interactions among avatars in virtual spaces. With this consideration, this report endeavours to present a novel conceptualisation within the domain of personality rights. Lastly, it is suggested to extend the current practice of undercover investigations, presently acknowledged solely in select crimes targeting children and adolescents, to encompass the entirety of digital sexual crimes. Furthermore, the report underscores the imperative of bolstering dedicated personnel and enhancing investigative infrastructure, highlighting the significance of a holistic sexual education paradigm rooted in human rights principles.