Saturday, February 17, 2007
A Rape in Cyberspace
Obvious disturbed feelings aside, this article brought up some interesting questions on cyberspace law. Mr. Bungle is obviously morally at fault for his actions in the chat room, but what are the legal ramifications of his “rape?” Dibbel points out that rape is, essentially, a mental crime, and the motivations and effects of this rape, if not to the extent of a real rape, were at least along the same lines. Of course, I’m not suggesting that Mr. Bungle be held to the same laws as someone who has committed a real rape. But in California, where the server is, obscene phone calls are a crime, and that is basically what took place. From the nature of the incident- just words, but very disturbing words- to the physical reality of the incident- along phone lines- it was in every way an obscene phone call. Of course, the wishes of the people on the MOO seemed to be that the matter be kept in the MOO. But what should be the law in such matters? Even though the event is unquestionably harmful and damaging to those affected, and though it pains me to say it, I really feel that instances of harassment such as this are just a part of life. You can’t arrest someone for staring inappropriately, or for catcalling, and this seems to be a more extreme version of those things. This is just a disturbing part of life that every person eventually has to learn to deal with, and the law can’t be involved.
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