Sexual Violence in the Age of Digitization: Issues of Legal Assessment

Digitization has had a considerable impact on all spheres of public relations. The character of crimes, including those traditionally committed online, has also changed. The author uses the example of sexual violence to analyze these changes. Common understanding of sexual violence associates it with a forced physical contact with the victim or a consensual sexual act with a person who has not reached the age of consent. In addition to these, the author presents examples of non-contact (without the impact on a person’s body) sexual abuse committed in the digital space or with the use of digital technologies. These include sexual harassment, sexual blackmail, sexting, doxing, the creation and dissemination of “deepfake” images, revenge porn, dick pics and some other online sexual risks. The author discusses the legal assessment of non-contact forms of sexual violence committed online or using digital technologies. It is noted that not all types of non-contact sexual violence committed online or using digital technologies are considered by Russian and foreign legislators to be infringements on the sexual inviolability and sexual freedom of an individual. As a rule, in such cases legislators prefer to establish liability for encroachments on the constitutional rights and freedoms of a person, on public morals or public order. The exceptions are the norms on liability for indecent assaults against minors under the age of consent. It is stressed that the dissemination of knowingly false information (for example, “deepfake” porn images) discrediting honor, dignity, or professional reputation of a person constitutes slander. It is concluded that further scientific research is required in the sphere of digital relations. According to the author, it is currently sufficient to introduce some amendments to criminal legislation that will make it possible to view the use of information-telecommunication technologies in the objective side of crime as an aggravating circumstance, to supplement the norm on indecent assault with a qualifying feature, and the norm on the violation of privacy — with a constructive feature of the main crime “with the use of information-telecommunication networks, including the Internet”.