Regulation of Criminal Laws against Sexual Crimes and Stalking in the Metaverse

The metaverse is a virtual space created through the application of computer and network technologies, wherein its inhabitants are capable of engaging in activities closely resembling or mirroring those within the real world. This convergence of the virtual and real worlds characterizes the metaverse. Within this metaverse, users employ avatars, virtual representations of themselves, to facilitate communication akin to real-world interactions and engage in exchanges and interactions with other users. As the metaverse experiences heightened levels of user engagement, the imperative for legal scrutiny of activities within its virtual space becomes increasingly evident. While the metaverse occupies a distinct spatial dimension, departed from the corporeal world, it is fundamentally a social sphere conceived and inhabited by individuals originating in the tangible realm. Consequently, the sustenance and evolution of this intricate sociocultural arena necessitate the establishment of a comprehensive legal framework. Within the metaverse space, avatars serve as representations of user identity, and the majority of activities in the metaverse are conducted through avatars that are specific to individual users. However, unless an avatar’s actions are autonomously perceived and determined by artificial intelligence without any user intervention, it is the user’s actions that manifest through the behavior of the respective avatar. This behavior directly influences the user through the counterpart avatar. Although all actions in the metaverse occur through the intermediary of avatar characters, to regulate metaverse actions using real-world legal standards, it is imperative to evaluate conducts based on the user rather than the avatar. Virtual sexual assault in virtual spaces refers to sexual acts committed by virtual characters without the consent of other characters. While cyber sexual assault involving characters differs from the traditional concept of sexual assault that assumes physical harm and injury, it still inflicts harm by causing significant mental distress to the victims. Hence, there exists a need for criminal law regulation due to the resulting harm. However, if such actions are to be classified as crimes, legislative measures reflecting the characteristics of virtual spaces in the metaverse era are essential. It is crucial to recognize that the forms of harm in these virtual spaces differ from direct and physical infringements occurring in the real world, and accordingly, the regulation should consider the types of actions subject to sanctions, the forms of penalties, and the severity of punishment thoughtfully. The current “Act on the Punishment of Stalking Crimes and Other Acts” defines cyberstalking as “acts of causing anxiety or fear to another person by using mail, telephone, fax, or information and communication networks to deliver items, writings, speech, symbols, sounds, pictures, videos, or images.” Consequently, within the context of virtual environments such as metaverse spaces, engaging in such acts persistently and repeatedly against others can lead to criminal prosecution under the Stalking Punishment Act. However, for other types of stalking behaviors within metaverse spaces, such as illegitimate approaches, following, or blocking the path of another avatar, which cause anxiety or fear in a persistent and repetitive manner, the existing law may not be directly applicable, as avatars do not possess legal subjectivity or objectivity. In cases where it is deemed necessary to penalize users, separate legislation with specific provisions should be enacted. However, it is important to consider that unlike real-world stalking, where direct and physical harm may occur, the legal penalties in virtual spaces are required to be less severe, reflecting the absence of direct physical harm.