Some rather unusual news this week in Holland: Dutch public prosecutors are investigating if, and how, they can prosecute people having
virtual sex with virtual characters in the virtual world of
Second Life. So what is the problem? you might ask. Well, in the virtual world of Second Life, a player can pretend to be an animal, an alien and about anything else he or she imagines. Second Life
is a world of
role-playing. There are no set goals or "quests" like with traditional games like
World of Warcraft. Second Life is just a digital facsimile of the real world.
This virtual or rather digital representation of a player (also known as
Avatar), can also look like a child. This is called: "age play." Age-based role-playing can take on various forms: people just acting out a (virtual) family dynamic, or even two adults engaging in sexual role playing (with one - or both - of the avatars looking like a child). In other words: we are talking about a virtual form of
child pornography: and that's where the discussion starts.
For instance: are there any legal grounds to prosecute adults that are acting out such behavior in a virtual environment? After all: there are no real children involved, so there is no real crime? One could argue that if people that have virtual sex (in this case virtual pedophilia) are being prosecuted, then also people that commit virtual crimes like murder or theft (think about games like
Grand Theft Auto) should be?
As far as I know it is not a crime in any country on this earth to fantasize about illegal things. Virtual reality on the Internet and also in games allows people to act out any fantasy without actually doing anything illegal. There are several games that cater to this. So what about this virtual pedophilia then? It is illegal to possess any form of child pornography. But in this case there is no child pornography: it is all digital.
Some people argue that people that act out such (to them) sick fantasies, will eventually also commit sex crimes. However this is a highly speculative theory. It is the same theory that says that violence on TV leads to real violence just like violent video games do. The same goes for drugs: people argue that someone that smokes pot, might eventually try other drugs and wind up a heroine addict. However, studies have been inconclusive about this.
It is a well known fact that a lot of women (and men for that part) that have
rape fantasies; in fact It is estimated that 24% of men and 36% of women have had a rape fantasy, and 10% of women report this is their favorite type of fantasy. But that does not mean that they act on it. In fact most don't. However, there is and always will be a small percentage that actually does; those are the stories of real serial rapists, mass murders and pedophiles you read about.
Off course: from a moral point of view it is highly unacceptable that people fantasize about things like this. But let's not forget: we are talking about two (or more)
adults engaging in a role-play. I mean: if it is someone's sexual fantasy to have sex with a child (no matter how sick that is to us), wouldn't you rather have them act on it in a virtual world then in real life?
In other words: yes this kind of behavior is very disturbing. But I would argue that trying to prosecute people for this kind of
virtual behavior would mean we are stepping onto very slippery sliding scale; next we could prosecute people that act out other virtual crimes or that behave in a anarchistic way because they like to play that they are some Taliban terrorist or even a virtual Nazi.
Instead I would not try to prosecute those individuals, but would like to have their (digital) behavior monitored closely and - even more important - try to find out why they would even like to fantasize about things like this in the first place.
But let's not get a thought police yet. 1984 is years behind us.