this post was submitted on 03 Jan 2024
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Police are investigating a virtual sexual assault of a girl's avatar, the chair of the Association of Police and Crime Commissioners has said.

Donna Jones said she had learned that a complaint was made in 2023, triggering a police inquiry.

The virtual incident did not result in physical harm but caused "psychological trauma", the Daily Mail has reported a source as saying. Police chiefs have called on platforms to do more to protect their users.

The impact of the attack on the girl's avatar was said to be heightened because of the immersive nature of the VR experience.

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[–] conciselyverbose@kbin.social -3 points 11 months ago* (last edited 11 months ago) (9 children)

It can't be sexual assault.

[Edit: Sexual] Assault is physical contact.

[–] Nurse_Robot@lemmy.world -3 points 11 months ago* (last edited 10 months ago) (7 children)

You're thinking of battery

Downvoted for being right. Reddit 2.0

[–] conciselyverbose@kbin.social 8 points 11 months ago (6 children)
[–] deft@ttrpg.network -2 points 11 months ago (1 children)

nope

https://vindicatelaw.com/assault-vs-battery-are-they-the-same-or-different-crimes/

The legal definition of assault is an intentional act that gives another person reasonable fear that they’ll be physically harmed or offensively touched.

No physical contact or injury has to actually occur, but the accused person must have intentionally acted in a way to cause that fear.

https://www.findlaw.com/criminal/criminal-charges/assault-and-battery-overview.html

https://www.law.cornell.edu/wex/assault_and_battery

Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone

[–] conciselyverbose@kbin.social 8 points 11 months ago (1 children)

I gave you the relevant jurisdiction and two major US ones. In all three cases, it cannot be sexual assault without actual sexual contact with the victim.

Regular assault isn't relevant here.

[–] deft@ttrpg.network -5 points 11 months ago (1 children)

And one of them says.

Five key things to know about California’s sexual battery laws are:

[–] conciselyverbose@kbin.social 4 points 11 months ago (1 children)

The one that also tells you California uses the terms interchangeably?

[–] deft@ttrpg.network -5 points 11 months ago (1 children)

Yep.

But that still doesn't change the way the legal systems views the terms assault and battery

[–] conciselyverbose@kbin.social 7 points 11 months ago* (last edited 11 months ago)

This topic isn't about assault vs battery. This topic is about sexual assault.

In the relevant legal system (and two major US ones), the law requires actual physical contact for sexual assault.

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