Creating a Model Statute to Address Sexual Offenses Which Utilize Virtual Reality

Criminal Law Practitioner

Volume 4 Issue 5 Article 3

2018

"The Way I Felt": Creating A Model Statute to Address Sexual Offenses Which Utilize Virtual Reality

Ryan Esparza

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Recommended Citation Esparza, Ryan (2018) ""The Way I Felt": Creating A Model Statute to Address Sexual Offenses Which Utilize Virtual Reality," Criminal Law Practitioner: Vol. 4 : Iss. 5 , Article 3. Available at: https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3

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"THE WAY I FELT": CREATING A MODEL STATUTE TO ADDRESS SEXUAL OFFENSES WHICH UTILIZE VIRTUAL REALITY Ryarn Esparza'

TABLE OF CONTENTS

INTRODUCTION ...... 24

I. BACKGROUND ...... 24 a. The First Recorded Instance of a Sexual Offense in VR? ...... 24 b. Defining Sexual Offenses by States ...... 25 .New York ...... 26

ii. Cafornia ...... 26

iii. Texas ...... 27

II. DOES FREE SPEECH PROTECT THESE ACTIONS FROM CRIMINAL PROSECUTION? ...... 28

III. Do VIRTUAL SEXUAL OFFENSES TRIGGER CRIMINAL LIABILITY? ...... 29

IV How To ADDRESS THE ISSUES OF ANONYMITY?...... 31 a. Anonymous Users Online ...... 32 b. Investing in Computer Crime Investigation ...... 34

V. CRAFTING A STANDARD ...... 34 a. Federal or State ...... 35 b. Mental Health Expert...... 36 c. A Proposed Model Statute ...... 36 d. Structure of the Model Statute...... 37

CONCLUSION ...... 37

Ryan Esparza is a graduate of University of Mississippi School of Law class of 2018. Published by Digital Commons @ American University Washington College of Law, 2018 1 Fall 2018 Washington College of Law 25 Criminal Law PractitionerCriminal Law Practitioner, Vol. 4 [2018], Iss. 5, Art. 3

INTRODUCTION is hard to distinguish from physical world experiences. Difficulty in the ability to distinguish The legal system has struggled to keep virtual and physical world experiences could up with the advancement of the internet. An- lead the way for a new legal arena to develop. If onymity can make the internet a toxic place at harassing behavior becomes indistinguishable times; in 2017 Pew Research found that four- in both virtual and physical-world spaces, then in-ten adults have experienced harassment on- the law has an obligation to adapt. line.2 Online movements have formed where the sole purpose is to harass women in the This Article argues that a legal standard online arena and those who are vocal against must be developed in order to address sexual online harassment. Online interactions can be offenses in the emerging technological land- marred by racism, sexism, threats, and other of- scape of VR due to the increasing difficulty in fensive action on the part of users against other distinguishing virtual and physical-world ex- users.4 However, there is still a layer of sepa- periences. This Article proceeds in five parts. ration between the online world and the real Part I details one of the first known recorded world. With the introduction of Virtual Reality instances of a sexual offense occurring in VR (VR) headsets, like the Oculus Rift, PlaySta- and conducts an overview of current sexual of- tion VR, and HTC Vive, this layer of separation fenses laws in New York, California, and Texas. begins to degrade. If this layer of separation Part II examines whether free speech is a valid starts to become unclear as the VR technology defense to a possible criminal prosecution in- evolves, then the toxic interactions that occur volving sexual offenses in the VR medium. Part online could become more personal. To the de- III examines whether virtual sexual offenses gree that these virtual experiences are distinct trigger criminal liability in the physical world. from those occurring in the real world, then Part IV addresses issues of online anonymity as these experiences become more personal and a barrier to criminal liability and suggest meth- less distinguishable from a virtual experience. ods of circumventing these issues. Finally, Part V details a model rule upon which states could Comb through the internet and you are readily adapt to address sexual offenses occur- bound to come across videos of people falling ring in the virtual space. out of seats or tripping over themselves while utilizing VR headsets. Current VR technology arguably surpasses any technology currently I. BACKGROUND available in terms of the level of interactivity they provide. The likely reason individuals are a. The First Recorded Instance of a Sexual experiencing the reactions is that this interac- Offense in VR? tion provides an experience that in the moment Jordan Belamire was visiting her brother-in-law when she decided to utilize his new 2 Maeve Duggan, Online Harassment2017, PEW VR headset, the HTC Vive.5 Belamire, along RES. CTR. (July 11, 2017), http://www.pewinternet. with her husband and brother-in-law, each took org/2017/07/11 /online-harassment-2017/. See Jay Hathaway, What Is Gamergate, and Why?An ExplainerforNon-Geeks, GAWKER (Oct. 10, 2014), http:/ ' Jordan Belamire, My First VirtualReality Groping, gawker.com/what-is-gamergate-and-why-an-explainer- MEDIUM: ATHENA TALKS (Oct. 20, 2016), https:/medium. for-non-geeks-1642909080. com/athena-talks/my-first-virtual-reality- sexual-as - 4 See id sault-2330410b62ee. https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3 2 26 Washington College of Law Fall 2018 Esparza: "The Way I Felt": Creating A Model Statute to Address CriminalSexual Offe Law Practitioner I

turns playing aVR game by the name of QuiVr.t enced while playing the game had disappeared, Upon entering the virtual world of QuiVr, Be- replaced with a sense of powerlessness. 3 "ve lamire admitted she had "never ... experienced been groped in real life, once in a Starbucks virtual reality that felt so real."' Everything was in broad daylight. I know what it's like to hap- beyond Belamire's expectations and she was pen in person. The shock and disgust I felt [in experiencing VR in a manner unprecedented QuiVr] was not too far off from that." 4 to her before.8 There were drops equal to about one hundred feet in the game, so convincing Belamire's reactions to the virtual world in QuiVr are not uncommon. People who that at the moment they even gave Belamire a have sense of fear.9 After Belamire had fully experi- experienced VR may have difficulty distin- enced the game's single-player mode, she de- guishing experiences in the virtual and physi- 5 cided to try QuiVr's online multiplayer: cal world.' This could be due to VR being the closest the virtual world and the physical world [O]ther players could hear me when I have intersected with each other, which is why spoke, my voice the only indication of someone looking down at a virtual one-hun- my femaleness. Otherwise, my avatar dred-foot drop can experience apprehension. looked identical to them. In between a This blurring intersection might wave of zombies and demons to shoot be why some- down, I was hanging out next to Big- one climbing a virtual mountain in VR might Bro442, waiting for our next attack. feel the sensation of falling when they miss a Suddenly, BigBro442's disembodied step.' 6 It might be why Belamire associated the helmet faced me dead-on. His float- same emotions of previous unconsensual sex- ing hand approached my body, and he ual contact with what she experienced while rub my chest. 0 started to virtually playing QuiVr. Belamire immediately shouted for the other player to stop, but this only caused the b. Defining Sexual Offenses by States player to chase her around while continuing to Categorizing sexual offenses in a uni- grab at her avatars chest and shoving his hand form manner can be a difficult task because towards her avatar's virtual crotch and making they vary from state-to-state. Some states are rubbing motions." "The virtual groping [felt] more encompassing with their protections just as real. Of course, you're not physically be- while others treat what are categorized as sexu- ing touched, just like you're not actually one al offenses in other states as non-sexual offens- hundred feet off the ground, but it's still scary es." New York, California, and Texas are suffi- as hell."' 2 For Belamire, the high she had experi-

13 Id 6 Id 14 Sara Ashley O'Brien, She's been sexually assaulted 3 7 Id times once in virtual reality, CNN (Oct. 26, 2016), http:// 8 Id money.cnn.com/2016/10/24/technology/virtual-reali- 9 Id ty-sexual-assault/index.html. 10 . " See Hall 90210, Oculus miffed: whenVR is so immersive " Julia Carrie Wong, Sexual harassment in irtual reality youfall/lat on yourface, THE GUARDIAN Nov. 30, 2016), feels all too real 'it's creepy beyond creepy,' THE GUARDIAN https://www.theguardian.com/technology/2016/nov/30/ (Oct. 26, 2016), https://www.theguardian.com/technol- oculus -vr-immersive -fall-face -plant-virtual -reality. ogy/2016/oct/26/virtual-reality-sexual-harassment-on- 16 Id line- groping-quivr. " Compare N.Y. PENAL LAW (classifying groping as a 12 Id sexual offense), with TEx. PENAL CODE ANN. (classifying Published by Digital Commons @ American University Washington College of Law, 2018 3 Fall 2018 Washington College of Law 27 Criminal Law PractitionerCriminal Law Practitioner, Vol. 4 [2018], Iss. 5, Art. 3

ciently representative of sexual offense laws The New York Penal Code contains a across the United States due to their ability to sexual offense called forcible touching.22 It is deviate but also converge on the requirement the most applicable offense within the New of various elements. The three states selected York Penal Code related to a possible virtu- are also diverse enough from each other, based al sexual offense. There are two circumstanc- on a number of factors, and are more likely to es in which an actor may be guilty of this of- provide an overview of how state legislatures fense. First, an actor commits forcible touching have categorized various sexual offenses. Fur- when such person "intentionally, and for no ther, it is beneficial to examine how these states legitimate purpose" forcibly touches, squeezes, treat sexual offenses because, while existing grabs, or pinches the intimate parts of anoth- laws in these states may not properly apply to er. The purpose of touching is to degrade, or sexual offenses in the virtual world, existing abuse said victim or in order to satisfy the ac- laws may be modified in order to address the tor's own sexual desire.24 type of sexual offense occurring in VR. Second, an actor commits forcible touch- i. New York ing when such person subjects another to sexual contact for the purpose of satisfying the actor's In New York, the Penal Code defines sex sexual desire and with the intent to "abuse or offenses as a sexual act committed without the degrade such other person while such person is consent of the victim.'" The New York Code a passenger on a bus, train, or subway car oper- states that lack of consent may result from (i) ated by any transit agency, authority or company, forcible compulsion, (ii) incapacity to consent, public or private, whose operation is authorized (iii) where the offense charged is sexual abuse by New York state or any of its political subdivi- or forcible touching, iv) "any circumstances, in sions."25 In NewYork, forcible touching is a Class addition to forcible compulsion or incapacity A misdemeanor which may carry a sentence of to consent, in which the victim does not ex- up to a year in prison.2 6 pressly or impliedly acquiesce in the actor's conduct," or (v) where the charge is rape in the ii. Calfornia third degree.' 9 The charges of rape and criminal The California Penal Code, unlike the sexual act are the most serious sexual offenses New York Penal Code, separates sexual offens- according to the New York Penal Code.2 0 How- es across its code.27 For example, rape is cat- ever, they would likely be the most difficult to egorized under "Crimes Against the Person apply to a virtual sexual offense due largely to Involving Sexual Assault, and Crimes Against the requirement of sexual intercourse for rape, Public Decency and Good Morals," while sex- and the requirement of oral sexual conduct or ual battery is categorized under the chapter anal sexual conduct for Criminal Sexual Act on Assault and Battery of "Crimes Against the charges. 21

groping not as a sexual offense). 22 § 130.52. a N.Y. PENAL LAW § 130.05() (McKinney 2018). 23 24 19 Id§130.05(2)(a)-(d). 20 See § 130.25; see also § 130.30; § 130.35; § 130.40; § 25 jj 130.45; § 130.50. 26 See § 70.15; see also § 130.52. 21 21 See generally CAL. PENAL CODE tit. 8-9 (West 2018). https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3 4 28 Washington College of Law Fall 2018 Esparza: "The Way I Felt": Creating A Model Statute to Address CriminalSexual Offe Law Practitioner I

Person."28 Like New York, rape would likely be sexual abuse is guilty of ... sexual battery."3 4 The difficult to apply to virtual sexual offenses due fifth subdivision of sexual battery is likely the to the requirement of sexual intercourse being most applicable to virtual sexual offenses but a core element to the crime.29 However, under would require some modification to fully satisfy the California Penal Code sexual battery may an offense in the virtual arena. be more easily modified to address virtual sexual offenses. iii. Texas

Under the California Penal Code, sex- The Texas Penal Code runs into the same ual battery consists of five subdivisions. The issues listed previously for the other two states. first subdivision states that an actor is guilty of Attempting to utilize the elements of sexual as- sexual battery if the actor touches an intimate sault or rape for virtual sexual offenses is dif- part of another unlawfully restrained by the ac- ficult due to the requirement of penetration.5 tor or their accomplice, and "if the touching is However, where New York and California had against the person's will and is for the purpose laws addressing groping, which could be read- of sexual arousal, sexual gratification, or sexual ily adapted or modified to address virtual sexu- abuse." 0 The second subdivision maintains the al offenses, Texas has no such law. Under Texas same language but limits it to victims who are law, groping is not considered to be a sexual "institutionalized for medical treatment and offense.36 Instead, groping in Texas is punish- who [are] seriously disabled or medically inca- able as an assault offense, but the statute pro- pacitated ." The third subdivision maintains vides very little repercussions for a violation. the language of the first subdivision, but is lim- Section 22.01(a)(3) is the only language within ited to victims who are unaware of the nature the penal code that could be interpreted to in- of the act because the actor committing the of- clude groping; it states "a person commits the fense has fraudulently represented the purpose offense of assault if the person ... intentionally of the touching to be professional.32 or knowingly causes physical contact with another when the person knows or should rea- The fourth subdivision states that any ac- sonably believe that the other will regard the tor who "for the purpose of sexual arousal, sexu- contact as offensive or provocative."38 The max- al gratification, or sexual abuse," causes another imum punishment a Class C misdemeanor car- to masturbate or touch an intimate part of "ei- ries in Texas is a $500 fine.39 ther of those persons or a third person" against that person's will, is guilty of sexual battery.33 Texas takes a very different approach The fifth and final subdivision states that any ac- from other states because it does not address tor who touches an intimate part of another per- groping as a sexual offense like New York and son, against that person's will, "for the specific California do. However, the language the Texas purpose of sexual arousal, sexual gratification, or 34 Id 3 See TEx. PENAL CODE ANN. § 22.011 (West 2018). 36 See Briana Whitney, Groping, Touching not Considered 28 Id. SexualAssault in Texas, KUTV (Nov. 13, 2017), http:/ 29 § 261. www.kiiitv.com/article/news/local/groping-touch- o § 243.4. ing-not-considered-sexual-assault-in-texas/491544773. 31 Id. 3 TEx. PENAL CODE ANN. § 22.01. 32 Id. 38 Id 33 Id 31See Whitney, supra note 36. Published by Digital Commons @ American University Washington College of Law, 2018 5 Fall 2018 Washington College of Law 29 Criminal Law PractitionerCriminal Law Practitioner, Vol. 4 [2018], Iss. 5, Art. 3

Penal Code uses for assault could be modified it violated protected speech. Sayer posted to address virtual sexual offenses. The overar- pictures of his former girlfriend, "Jane Doe," ching issue among all the states is the require- in lingerie in the casual encounter section of ment of physical contact. Thus, a model stan- Craigslist after she broke up with him. 4 6 The dard would need to find a way to incorporate advertisement on Craigslist listed the ex-girl- the non-physical in order to find success. friend's home address and described a number of sexual acts she was willing to perform. This resulted in a number of men arriving at II. DOES FREE SPEECH PROTECT THESE the ex-girlfriend's home asking for sex. 8 ACTIONS FROM CRIMINAL PROSECUTION? Sayer then posted, on a number of One possible argument which may be pornography sites, videos of consensual sex- put forth by actors who engage in virtual sexual encounters between the two. 4 9 "Several of ual offenses is that their actions in the virtual the websites included Jane Doe's name and world are merely an extension of speech. How- then-current Louisiana address. One site en- this argument is unlikely to succeed due ever, couraged viewers to write to Jane Doe and tell to the advancement of criminal cyberstalking her what they thought of the videos."50 The 40 laws. In United States c. Moreland the plain- court rejected Sayer's First Amendment chal- tiff brought a First Amendment challenge to lenge, holding that all of Sayer's alleged com- a cyberstalking statute, 18 U.S.C. 2261(A)(2) § munication and activity online were "integral (B). Moreland argued that the statute's prohi- to criminal conduct," and the purpose of such bition of electronic communications caused conduct was to injure, harass, or cause substan- substantial emotional distress and the statute tial emotional distress making it unprotected could be utilized to prohibit protected speech 5 free speech. 1 such as heckling or "critical commentary that may be considered distressing to a particularly Moreland and Sayer demonstrate the sensitive comedian, abortion provider, or poli- court system's recognition that forms of harass- tician."4' The court disagreed with Moreland's ing speech, such as the speech utilized by the argument, holding that threats of violence can defendants in these two cases, can fall outside violate the statute without actual intent of car- of First Amendment protection. This is a con- rying out the violence. 42 cept that the Supreme Court has reiterated.52 The Supreme Court acknowledges that mere The same issue was addressed by the emotionally distressing or outrageous speech First Circuit Court of Appeals in United States (. Sayer.4 3 Sayer was convicted under a cyberstalking statute and brought a challenge

against the conviction based on the First 45 Id. 4 4 Amendment. Sayer argued that the cyber- 46 Id. at 42 8. stalking statute was unconstitutional because 47 Id. 48 Id. 49 Id. 40 207 E Supp. 3d 1222, 1226 (N.D. Okla. 2016). 50 Id. 41 Id. at 1227. 51 Id. 42 Id. at 1229. See Giboney v. Empire Storage & Ice Co., 336 U.S. 4 748 E3d 425, 427 (1st Cir. 2014). 490, 498 (1949); United States v. Watts, 394 U.S. 705, 707- 44 Id. 08 (1969). https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3 6 30 Washington College of Law Fall 2018 Esparza: "The Way I Felt": Creating A Model Statute to Address CriminalSexual Offe Law Practitioner I

is protected by the First Amendment. How- apparent in Belamire's experience in VR, and it ever, the Supreme Court has held that speech is that conduct that is meant to cause substan- containing "true threats" is unprotected by the tial emotional distress. 60 First Amendment. The Supreme Court has concern is the re- not defined what a "true threat" is and have in- The only potential that stead left the interpretation to be defined by quirement within cyber harassment laws conduct be continuous. Nevertheless, the lower courts. 5 the continuous element could be addressed in a Some lower courts have defined "true law crafted for virtual sexual offenses. Given threat" to mean a reasonable person would the legal precedent the Supreme Court and interpret the statement as constituting a seri- lower courts have followed, any free speech ous expression.5 6 Other courts interpret "true argument against a potential virtual sexual of- threat" as: fense law would be highly unlikely to succeed. (1) the reaction of the recipient of the speech; (2) "whether the threat was III. Do VIRTUAL SEXUAL OFFENSES conditional"; (3) whether the speaker TRIGGER CRIMINAL LIABILITY? communicated the speech directly to the recipient; (4) whether the speaker The single most important obstacle in "had made similar statements" in the the way of currently pursuing criminal charges past; and (5) whether the recipient sexual offenses is "had reason to believe" the speaker against an offender of virtual could engage in violence. 7 assessing whether criminal liability is triggered. Forty states have adopted laws punishing the Whether virtual sexual offenses fall with- unlawful distribution of intimate images, also in this "true threat" category may be irrelevant, known as revenge porn laws.6' Combating re- because virtual sexual offenses may qualify as venge porn was, and still is for states like New 58 conduct as opposed to speech. Federal cyber York that have no revenge porn law codified, harassment statutes do not prohibit protected a process where victims were required to find speech; instead, it is conduct which they seek their own means of protecting themselves. One to prohibit; specifically, an intended and con- of these methods was to use copyright law.62 tinuous course of conduct that causes substan- First, the victim needs to register the copyright tial emotional distress. 59 Virtual sexual offenses but that involves giving the Copyright Office are likely to fall into this category because the a copy of what you will be registering.63 This offender's conduct appears deliberate, as was means that sending the intimate pictures to the office is a requirement. Second, after the vic- 13 Nancy Leong & Joanne Morando, Communication in Cyberspace, 94 N.C.L. REV. 105, 131 (2015) (citing Sny- der c. Phelps, 562 U.S. 443, 456 (2011)) (holding speech 60 Id at 135. involving a public issue, even when causing emotional 61 40 States andDC Have Revenge Porn Laws, CYBER distress, was protected by the First Amendment). CIVIL RIGHTS INITIATIVE, https://www.cybercivilrights.org/ Id. (citing Watts, 349 U.S. at 707-08 (1969)). revenge-porn-laws/. * Id. at 131-32. 62 Erica Fink, To fight revenge porn, Ihad to copyrightmy 6 Id. at 131. breasts, CNN BUSINESS (Apr. 27, 2015) http://money.cnn. Id at 132 n.129 (quoting Jones c. State, 347 Ark. 409, com/2015/04/26/technology/copyright-boobs-revenge- 420 (2002)). porn/index.html. 63 I. 5' Id at 134-35. 64 Id Published by Digital Commons @ American University Washington College of Law, 2018 7 Fall 2018 Washington College of Law 31 Criminal Law PractitionerCriminal Law Practitioner, Vol. 4 [2018], Iss. 5, Art. 3

tim gains registration over their now-copyright- blackmail, social isolation, or professional hu- ed intimate images, they can issue a takedown miliation. 69 This is similar to cyber harassment notice via the Digital Millennium Copyright laws, where there is still a distinct link back to Act (DMCA).6 This method of addressing the the non-virtual world. This link to the non-vir- issue of revenge porn was less than desirable, tual world may involve the conduct associated but for those states with no law addressing re- with the offense and its direct correlation to venge porn, copyright remains one of the few harm that the victim suffers via the virtual or means of combating revenge porn for victims. 6 6 online medium. With revenge porn and cyber harassment laws, the offender uses the internet However, more states are readily adopt- or virtual medium as a means of causing harm porn. Revenge porn ing laws against revenge to the victim in a quantifiable way. 0 laws remain an excellent illustration of how the legislative process has adapted to the evo- With virtual offenses, notably virtual lution of technology and the potential misuse sexual offenses, it may be harder to quantify associated with such technological advances. the detrimental harm the victims suffer. A clear Most notably is the use of the online sphere hypothetical is homicide. In VR, the murder of to commit questionable moral and legal acts. a virtual avatar is unlikely to result in death oth- This is further displayed in the adoption of cy- er than the avatar." "Even if actual death does ber harassment laws within the United States. ensue when an avatar dies, or if a user suffers a Both the federal government and most states fatal coronary in response to the actions of an- have currently adopted some form of cyber other user, the evaluation of whether the inci- harassment laws. 7 Cyber harassment laws and dent is criminal homicide does not change just revenge porn laws are two examples where a because it involves virtual acts."72 If the person gap in the law caused by the advancement of who causes the death meets the mens rea re- technology, notably the internet, has been ad- quirement to commit murder, then it could be dressed by the legislative body. However, when possible to pursue such an act. 3 Mens rea is it comes to offenses that take place in the vir- not necessarily a concept that can be limited to tual world it may be difficult to apply criminal the non-virtual world. liability.68

Revenge porn laws link back to the non-consensual distribution of intimate imag- 6 Charlotte Alter, 'It'sLike Having an IncurableDisease': es which have a direct effect on the non-virtual Inside the FightAgainstRevenge Porn (2017),TIME INC. (June 13, 2017), http://time.com/4811561/revenge-porn/. world that is readily traceable to an intent to o The language utilized by several states for their harass the victim through public degradation, revenge porn laws maintains core elements that appear to be uniform across several states. This includes the intent of the offender and the distress suffered by 6' Amanda Levendowski, Using Copyright to CombatRe- the victim. The virtual element of these laws is merely vengePorn, 3 N.Y.U.J. INTELL. PROR &ENT. L. 433, 442-43 the distribution of the intimate images. See TEx. PENAL (2014). CODE ANN. § 21.16; CAL. PENAL CODE § 647j(4), see also 4 4 66 Id. at 3. 40 States andDCHave Revenge Porn Laws, CYBER CIVIL 67 A. Meena Seralathan, Making the Time Fit the Crime: RIGHTS INITIATIVE, https://www.cybercivilrights.org/re- ClearlyDefining Online Harassment Crimes andProviding venge-porn-laws/. Incentivesfor Investigating Online Threats in the Digital 7 Seelagysupra note 68, at 421. Age, 42 BROOK. J. OF INT'L L. 425, 440 (2016). 72 Id 61 Jaclyn Seelagy, VirtualViolence, 64 UCLA L. REV. 7 Id DISCOURSE 412, 417 (2016). 7 Id https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3 8 32 Washington College of Law Fall 2018 Esparza: "The Way I Felt": Creating A Model Statute to Address CriminalSexual OffeLaw Practitioner

For example, user-a is aware that user-b are foreseeable instances where you could ar- has a weak heart, and user-a subjects user-b to gue under current law that a VR homicide is an extreme phobia. With the added realism as- possible. If someone meets the requirements sociated with VR, the result could be death. The for such a crime utilizing VR then they can be actions of user-a "might be considered negli- charged, similar to people who are charged gent or reckless" or, under other circumstances, with homicide crimes when victims die of a deliberate." There is an abundance of instances heart attack. where causing a heart attack has been enough to convict an individual of homicide and, pre- However, with virtual sexual offenses, this becomes more complicated. suming the prosecution proves both cause and As was appar- of the state penal effect, a homicide conviction can be justified ent above in the examination based on death by a heart attack caused by codes of New York, California, and Texas, fitting stress from actions of the defendant.6 virtual sexual offenses under non-virtual sexual offense state laws may be difficult because of Based on this reasoning, there is a possi- the requirement of physical touching and con- bility of foreseeing a similar type of conviction tact." Currently, the way the laws are written it coming from an incident occurring via VR. The would be unlikely that virtual sexual offenses avatar itself is not the concern; there is not a would meet the requirements a lot of sexual of- concern if an avatar dies or is hurt. The con- fense laws have put forth. For instance, where cern is the human associated with the avatar, the homicide involved a heart attack, experts especially for VR where the line between virtu- are often brought in to testify as to the likely al and non-virtual becomes less extreme. With cause, and in some instances detailing the link that said, for homicide at least, current laws between the action on the part of the offender do not necessarily have to be adjusted. There and the result of the heart attack.' Perhaps this same method could be utilized by bringing in

6 Id. an expert to detail the experience of the victim, 7' See Baraka v. Kentucky, 194 S.W3d 313, 316-17 (Ky. and the effect on the victim. However, the re- 2006) (citingPeoplev. Stamp, 82 Cal. Rptr. 598, 602-03 quirement of touch or physical contact would (Cal. Dist. Ct. App. 1969) (affirming conviction of felony murder where pathologist testified that severe stress ex- still be an issue, so it is unlikely that, currently, perienced during robbery by defendant caused victim's virtual sexual offenses meet the requirements fatal heart attack); Maynard v. State, 660 So. 2d 293, 296 for criminal liability. (Fla. Dist. Ct. App. 1995) (upholding conviction of man- slaughter where defendant's physical assault of victim produced no discernible physical injuries but victim died of heart attack, and medical examiner testified that IV. HOW To ADDRESS THE ISSUES OF the altercation caused the fatal heart attack); Cromart- ANONYMITY? ie v. Georgia, 620 S.E.2d 413, 416 (Ga. 2005) (affirming conviction of vehicular homicide where intoxicated If virtual sexual offenses carry the nec- driver struck pedestrian who died of heart attack, and medical examiner testified that collision "directly and essary requisite criminal liability, then the most materially contributed" to pedestrian's death); North significant issue the legal system will face with Carolina v. Atkinson, 259 S.E.2d 858, 864 (N.C. 1979), these cases is the issue of anonymity. It has long overruled on other grounds by North Carolina v. Jackson, 273 S.E.2d 666 (N.C. 1981) (upholding conviction of felony murder where medical examiner testified that victim died of heart attack and that injuries and stress " See N.Y. PENAL CODE § 130.52; CAL. PENAL CODE § caused by defendant's assault of victim contributed to 243.4; TEx. PENAL CODE ANN. § 22.01. and accelerated victim's death). 7 See Atkinson, 259 S.E.2d at 864. Published by Digital Commons @ American University Washington College of Law, 2018 9 Fall 2018 Washington College of Law 33 Criminal Law PractitionerCriminal Law Practitioner, Vol. 4 [2018], Iss. 5, Art. 3

been established that the FirstAmendment pro - not having the knowledge or ability to readily tects the right to speak anonymously.7 9 Further, misrepresent or hide their IP address. Notably, anonymity is a concept that the Supreme Court some services which are vital to the use of VR seeks to protect and through several decisions purposely state in their terms of use that it is a has reiterated the desire to uphold historical violation of their terms to hide or give a false anonymous advocacy and dissent.so However, as IP address via a proxy. 6 Further, some services mentioned above, freedom of speech is not ab- used to hide IP addresses still maintain a user's solute, and the same limitations are associated IP address, making it possible to still trace us- with the right to remain anonymous."' As the er's real identity with minimal effort.8 Howev- internet increased in popularity, subpoenas to er, the process of identifying anonymous users unmask anonymous internet users increased.82 increases in difficulty if more advanced steps Over time, concern arose among courts regard- are taken to hide the IP address." ing potential misuse of these subpoenas which There are two methods which may be could be used to harass or intimidate, 3 which utilized to hide an IP address, proxies and Vir- is ironic because anonymity on the internet has been used as a tool to harass and intimidate. tual Private Networks (VPNs).89 A proxy server makes it appear that your internet If legislatures and courts want to make strides activities are from somewhere else in the world. It is in the treatment of virtual sexual offenses, then coming require hiding an IP ad- the issues of online anonymity will have to be useful for tasks which 90 addressed. dress, like circumventing region blocks. How- ever, proxies do not encrypt the data between a person's computer and the proxy server.9' This a. Anonymous Users Online means that by examining the stream of data it is Currently, the process of finding out possible to determine a user's identity.92 VPNs the identities of anonymous users is fairly ex- work similarly to proxies in that they also give tensive.8 4 Investigators first need to seek out the appearance of a remote IP address, but the a computer forensics specialist to trace a us- stream of data runs through an encrypted route er's account to their real identity via their In- ternet Protocol IP) address." Identification 86 Steam is the largest digital distribution platform for through an IP address will likely be successful PC gaming and is estimated to have 75% of the digital a majority of the time, due to the average users market space. The digital market place is growing in popularity and represents a little less than 20% of the global market, a number which continues to grow. See " Thaddeus Houston, ConstitutionalDragRace: Anon- Steam SubscriberAgreement,VALVE CORP., https:/store. ymous Online Speech After DigitalMusicNewsc. Superior steampowered.com/subscriber agreement/; see also Cliff Court, 30 BERKELEY TECH. L.J. 1243, 1256 (2015) (citing Edwards, Valce Lines Up Console Partners in Challenge to Watchtower Bible & TractSoc' c. Vill. ofStratton, 536 U.S. Microsoft, Sony, BLOOMBERG Nov. 4, 2013), https://www. 150, 166-67 (2002)); McIntyre v. Ohio Elections Commis- bloomberg.com/news/articles/2013-11-04/valve-lines- sion, 514 U.S. 334, 341-42 (1995); Talley v. California, 362 up-console-partners-in-challenge-to-microsoft-sony. U.S. 60, 64 (1960)). " See generally Jason Fitzpatrick, What's the Dfference 80 Matthew Mazzotta, BalancingAct: Finding Consensus Between a VPNand a Proxy?, How-To-GEEK (July 25, on Standards for UnmaskingAnonymous Internet Speakers, 2016), https://www.howtogeek.com/247190/whats-the- 51 B.C.L. REV. 833, 838 (2010). difference-between-a-vpn-and-a-proxy/. " Id. at 839. 8 Seralathan,supra note 67, at 429-30. 82 Id. at 844. 8 Fitzpatrick, supra note 87. S hId. 90 Id. 14 Seralathan,supra note 67, at 429. 91 Id. 85 Id. 92 Id. https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3 10 34 Washington College of Law Fall 2018 Esparza: "The Way I Felt": Creating A Model Statute to Address CriminalSexual Offe Law Practitioner

before reaching the internet.9 3 They can prevent is probable cause in the unveiling of the iden- Internet Service Providers JSPs) from access- tity, but once probable cause is shown agencies ing the information between a user's computer can serve them on ISPs. The issue with this and the VPN server. method is the amount of time and resources law enforcement agencies must allocate. 98 It VPNs are not without their However, can sometimes be unclear which ISP to serve VPNs properly, individ- downsides. To utilize the court order on, and often agencies must uals will need good hardware to handle the go from ISP to ISP before they determine the 94 task. In addition, users of VPNs are likely go- correct one to begin the legal process.99 A rela- ing to have to pay to utilize the service. This tively recent concept law enforcement agencies also means that VPNs do not completely pro- are seeking to implement is serving Regional tect identity, as law enforcement agencies can Internet Registries (RIRs) who allocate IP ad- still contact VPN providers to request they pro- dresses to ISPs.' 00 It is a concept that RIRs are vide any records they hold on VPN servers or receptive to, and it could lead to cooperation agencies and could attempt to get a warrant to between law enforcement and RIRs more read- 95 gain this information. Nevertheless, users of ily.' This would allow for a more streamlined VPNs are still not a significant concern due to process, saving time and resources. 10 2 only 17% of the total internet users in North America and Europe utilizing VPNs, though in Other methods are also available to re- territories with more restrictive internet cen- veal the identity of an anonymous user on the sorship this number is higher.9 6 internet.103 The FBI, through a search warrant, can utilize malware developed by the agency to While these tasks are often time-con- discover the identity of an anonymous user.104 suming and absorb resources, it is possible in Further, the FBI has used the "watering hole most cases to eventually find the identity of method" to find the identity of anonymous an individual online. In fact, law enforcement users. 105 This "watering hole method" involves agencies still maintain the power to obtain war- placing malware on a website where mere con- rants to find anonymous identities of users online. 97 The government needs to confirm there to subpoena internet services providers to disclose the identity of anonymous users). 93Id. " See Joseph Cox, PoliceAgencies Want an EasierTime 94 Id. Serving Warrants to ISPs, VICE: MOTHERBOARD, Nov. 2, ' See, e.g., Mark Kaufman, This Cyberstalker'sTakedown 2016), https:/motherboard.vice.com/en us/article/ ProvesNo One Stays Anonymous on the Web, MASHABLE mg7kvx/police -agencies -want-an -easier-time -serving- (Oct. 10, 2017), https:/mashable.com/2017/10/10/cyber- warrants-to-isps (explaining that law enforcement agen- talker- arrest-no -more -online -anonymity/#TXa sF4D - cies cannot efficiently identify users due to inaccurate Mqqc (discussing an example of law enforcement WHOIS information). retrieving records from a VPN programming company). 99Id. 9' See Josephine Wolff, The Internet Censor'sDilem- 100 Id. ma, SLATE (Mar. 5, 2018), https:/slate.com/technolo- 101 Id. gy/2018/03/virtual-private-networks-become-more-pop- 102 Id. ular- as- countries -restrict-their-use.html. 103 See Devin M.Adams, The 2016Amendments to Crimi- 9 See, e.g., Michele Meyer McCarthy, Annotation, nal Rule 41: NationalSearch Warrants to Seize Cyberspace, Right of Corporation,Absent Specic Statutory Subpoena "Particularly"Speaking,51 U. RICH. L. REV. 727, 738 Power, to Disclosure ofldentity ofAnonymous or Pseudon- (2017) (illustrating how the FBI utilizes social engineer- ymous Internet User, 120 A.L.R.5th 195 (2004) (outlining ing to identify anonymous IP addresses). how various courts have established a four-part test to 104 Id. determine when a plaintiff in a civil suit is permitted 10 Id. at 740. Published by Digital Commons @ American University Washington College of Law, 2018 11 Fall 2018 Washington College of Law 35 Criminal Law PractitionerCriminal Law Practitioner, Vol. 4 [2018], Iss. 5, Art. 3

nection to the site results in the installation of make strides in how these laws are treated. It is the malware onto the computer.106 This demon- better to start dedicating the resources now be- strates that there are very little, if any, true cause cybercrimes are growing every year, and anonymous methods to hide from authorities. eventually they could make up an even more The only limitation is the amount of time and significant section of crime. "0 At that point, law resources a law enforcement agency wishes to enforcement agencies, local, state, and federal, dedicate to cybercrimes of varying severity. are going to want to have the resources already in place to investigate these crimes with full b. Investing in Computer Crime Investigation dedication. Resource allocation among law enforcement agencies will need to be addressed As mentioned above, the process of if virtual sexual offenses are to be criminalized, identifying anonymous users can be very time because if not they are likely to be underen- consuming and requires training. Further, co- forced in the same manner cyber harassment operation with outside investigative agencies laws currently are. increases costs significantly.o' This may be why cyber harassment laws are somewhat underen- forced; often the punishments associated with V. CRAFTING A STANDARD the offenses do notjustify the resources used.'0 s VR technology has advanced to a degree Some jurisdictions have computer crime de- that causes users to react to stimuli as if they partments while other jurisdictions do not; were experiencing the event in everyday life. however, there seems to be a lack of adequate In fact, technology within the VR industry is training in how to deal with cybercrimes across quickly advancing with full-body suits making jurisdictions. 0 9 The key to progressing enforce- progress to incorporate touch-based sensory ment of these laws successfully is to dedicate feedback along with the normal 360-degree vi- the proper resources and finances to train and sual and audio experience the technology pro- provide agencies with the proper resources to vides."' VR does not appear to be an area of investigate cybercrimes. If a cybercrime is a technology that is slowing down with advance- misdemeanor, there is likely less incentive for ment and it is more interactive in the experi- agencies to dedicate time and money to uncov- ence it provides to the user than any technolo- er the identity of an anonymous internet user gy before it. The online gaming arena appears as opposed to one who has committed a signif- to be a more volatile place for women, though icant felony. men are also targets.11 2 If you take the hostile The most significant step to address the 110 issue of anonymity and criminal activity is the Id. " Seth Porges, This 'Synesthesia Suit'AllowsVR Users need for dedicated resources just for cyber- To Physically Feel Virtual Worlds (Oct. 27, 2016) FORBES, crimes. If cities and states had dedicated depart- https://www.forbes.com/sites/sethporges/2016/10/27/ ments to investigate these crimes, then it could this -synethesia-suit-allows-vr-users -to-physically-feel-virtual-worlds/#40c4df9f7Ildb. 112 In 2012, Anita Sarkeesian announced a kick-start for 106 Id. at 740-41. a series looking at sexism in video games. Sarkeesian "o' Seralathan,supra note 67, at 429. was met with anonymous and non-anonymous rape 108 Id and death threats. This was followed by similar internet 10 Naomi Harlin Goodno, Cyberstalking, A New Crime: mob attacks on women in the video game industry. Zoe Evaluatingthe Effectiveness of CurrentState and Federal Quinn, developer of the game Depression Quest, found Laws, 72 Mo. L. REV. 125, 156 (2007). herself the target of numerous rape and death threats https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3 12 36 Washington College of Law Fall 2018 Esparza: "The Way I Felt": Creating A Model Statute to Address CriminalSexual Offe Law Practitioner

environment in some areas of the internet, in induced by virtual sexual offenses. Science ac- combination with the level of interactivity VR knowledged that the gap between the physical provides, it becomes unlikely that Belamire's harm and psychological harm can be indistin- experience with virtual groping will be the last. guishable. As VR technology advances, criminal law will need a model statute which fills in the Traditionally, criminal law has been uti- gaps of current sexual offense laws. lized to punish crimes that involve tangible property or physical injury to the body."' Psy- a. Federal or State chological harm was rarely addressed, but over time nonphysical harm has become more read- In determining whether the statute ily criminalized, like harassment or bullying."' should be applied on the state level or the fed- Some neuroscientists theorize that develop- eral level, it is necessary to examine the advan- ments in science "will enable visualization of tages and disadvantages of both. At the federal psychological harms, reducing or eliminating level, there are already existing cyber laws that the distinction between bodily harm and psy- would be somewhat similar to a potential vir- chological damage.""' This could mean that the tual sexual offense law.1 6 The problems with gap between physical and psychological injury federal enforcement of cyber laws is that feder- might be narrowed, which allows for the overt al agencies often lack the resources to address distinction criminal law has established be- most cyber cases."' Unless the matter relates to tween the two to diminish. national security, federal agencies tend to put these crimes on the backburner. Often, feder- According to Belamire, her experience al agencies can only address the most serious of virtual groping did not feel dissimilar to oth- crimes but are well-trained in the investigation er sexual offenses she was exposed to in her and handling of cybercrimes."' life. This is where a model statute could benefit the criminal law system. Current sexual offense At the state level, law enforcement agen- laws require some form of physical contact, cies often lack the funding and familiarity with thereby not addressing psychological harm technology to properly handle cybercrimes.19 Law enforcement at the state level also often

after an ex-boyfriend accused Quinn in a blog post of lack the proper training to investigate such cheating on him several times over the span of their re- crimes.12 0 However, if properly trained, state lationship. Further, the ex-boyfriend lobbed accusation agencies could potentially address the crimes that Quinn received acclaim for her game Depression Quest due to her affairs, which was later proven false. that the federal government simply leave be- Quinn had nude photos of her released, along with hind because they wish to dedicate their re- personal information requiring her to flee her home. sources to more serious crimes. It is difficult Later that year Sarkeesian had an event cancelled at Utah State University canceled after the Dean received to say one path would be better than the other threats of a school shooting. See Danielle Keats Citron, because state and federal agencies both have Addressing CyberHarassment: An Overview ofHate Crimes benefits and downsides. in Cyberspace, 6 CASE W RESERVE J.L. TECH. & INTERNET 1, 2 (2015); see also feministfrequency, Damsel in Distress: Part1 Tropes es Women in Video Games,YouTUBE (2013), https://www.youtube.com/watch?v X6p5AZp7r Q&ab 116 Citron, supra note 112, at 5. channel feministfrequency. "1 Id. . Seelagy, supra note 68, at 426. 10 Id. 1 Id. 11 Id. 1 Id. 120 Id. Published by Digital Commons @ American University Washington College of Law, 2018 13 Fall 2018 Washington College of Law 37 Criminal Law PractitionerCriminal Law Practitioner, Vol. 4 [2018], Iss. 5, Art. 3

If it were possible, the best route may quest.124 Ideally, this could be a potential ave- be a statute that could be adopted on both nue for gaining probable cause to obtain war- levels, allowing for modification where states rants to get through anonymity issues. It could and the federal government see fit. However, if tie into other aspects of the investigation that proper training can be provided to state and law enforcement agencies would need to con- local law enforcement then adopting the stat- duct, and it would allow for an expert to con- ute on the state level would be optimal. Federal verse with the victim. This would allow for a law enforcement does seem to be more con- potential determination as to whether the vic- cerned with far more serious crimes involving tims have experienced significant mental harm national security. It becomes more difficult to from the experience. Ultimately, it may allow foresee federal agencies making this a priori- law enforcement agencies to dedicate resourc- ty, but states can dedicate resources to ensure es in other areas of the investigation, leading to that state and local law enforcement receive the a potential streamlining of the process. proper training to handle cybercrime cases on a smaller scale. c. A Proposed Model Statute

b. Mental Health Expert Sec. [insert]. UNCONSENUAL VIRTU- AL SEXUAL TOUCHING. (a) A person com- For a proposed statute, and for the pur- mits the offense of unconsensual virtual sexual poses of investigation, the most difficult task touching if the person via VR interaction: will be determining if psychological harm has occurred. One potential method to address this (a) Intentionally or knowingly, touches the sexual or other intimate parts of is having a mental health expert, a psychologist or psychiatrist, examine the victims and make a an avatar without the consent of the diagnosis. As mentioned above in Part III, ex- user for the purpose of degrading or perts have been used in homicide cases where abusing the avatar's user; or, (b) Intentionally or knowingly, the cause of death was a heart attack.12' The ex- touches the sexual or other intimate parts of perts then comment on whether the defendant an avatar without the consent of the was ultimately the cause of said heart attack.1 22 user for the purpose of sexual arous- Theoretically, the same could be achieved with al or sexual gratification. virtual sexual offenses. (c) As used in this section, the following A mental health expert would be able to terms have the following meanings: provide the proper context to what the victims a. "Touching" means contact with are experiencing. 123 Further, a psychologist another person's avatar. can already be appointed by a court to make a b. "Sexual parts" and "intimate diagnosis or recommendation at a judge's re- parts" mean sexual organs, anus, groin, or buttocks of any person, and the breast of a 12' Baraka Y. Kentucky, 194 S.W3d 313, 313 (Ky. 2006). female. 122I . 123 Edward Stern, The psychologist's role as expert witness, NEW ENGLAND PSYCHOLOGIST (Aug. 15, 2011), http:// www.nepsy.com/articles/columnists/the-psycholo- gists-role-as-expert-witness/. 124 Id https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3 14 38 Washington College of Law Fall 2018 Esparza: "The Way I Felt": Creating A Model Statute to Address CriminalSexual Offe Law Practitioner I

c. "VR" means a computer-gener- cause if there is full consent, that is not revoked ated environment which allows at any point, then there is no sexual offense. for the interaction of users via Further, it addresses the purpose behind the headsets, directional treadmills offender's actions as an element of the crime.1 28 or other like products meant to It helps to say the offender either must be com- provoke an illusion of reality. mitting the crime for sexual gratification or to d. "Avatar" means the virtual rep- degrade the user through their avatar. Those resentation of a user. are two instances where there is more desire to (d) A violation of this law is punishable likely protect victims and punish offenders. It by imprisonment for no more than ties in well with the intent of the offender. Cal- [insert], and by a fine not exceeding ifornia's law details the potential punishment [insert] an individual could face for the violation of the statute.1 2 9 This is likely an area where states d. Structure of the Model Statute would have a lot of options in terms of how the The model statute has been crafted potential crimes are treated. Based on other utilizing key elements between the laws men- sexual touching laws, it is more likely that they tioned in Part I. The model statute itself is a will fall into the misdemeanor category. Fur- combination of the current groping laws New ther, California's law also provides a helpful list York, California, and Texas.1 2 5 The reason be- of definitions to convey the proper meaning of hind this is that they all have elements that the words within the law and attempt to avoid need to be present in a model virtual touch- misconceptions.13 0 One of the most significant ing statute. Texas' law provides a simple mens issues with current sexual touching laws is the rea requirement: that the offender must act definition of touching because it limits the ap- intentionally or knowingly.26 This is beneficial plication to non-virtual sexual offenses, though because it shows purpose behind the potential the psychological harm from such an event may offense. Intentionally or knowingly are also the be present. proper requirement because it helps to demonstrate that virtual sexual offenses must be done CONCLUSION deliberately by the offender. Recklessly was also included in the Texas law, but in a virtual VR technology is advancing very quick- space, it is more difficult to say someone acted ly and if governments do not take steps to ad- recklessly because they are controlling the ac- dress an issue that is on the horizon, they may tions of their avatar. For this reason, it was left be caught off guard. Current VR technology out of the model statute. surpasses any technology currently available in terms of interactivity. VR is creating an en- New York's law contains language which vironment where people are not at risk of ac- focuses on the forcible requirement, meaning tual harm, but the stimuli from VR can trigger the lack of consent.1 27 This, of course, needs to sensations or emotions because at the moment be in any model statute for a sexual offense be- it can be difficult for the brain to distinguish

121 See N.Y. PENAL CODE § 130.52; CAL. PENAL CODE § 243.4; TEx. PENAL CODE ANN. § 22.01. 128 Id 126 TEx. PENAL CODE ANN. § 22.01. 121 CAL. PENAL CODE § 243.4. 12' N.Y. PENAL CODE § 130.52. 130 Id Published by Digital Commons @ American University Washington College of Law, 2018 15 Fall 2018 Washington College of Law 39 Criminal Law PractitionerCriminal Law Practitioner, Vol. 4 [2018], Iss. 5, Art. 3

between virtual and non-virtual. While this then the reaction should be to adopt the prop- might not be a problem if you are experienc- er statutes to give them justice. ing a temporary inability to distinguish when you are falling off a virtual mountain or riding a virtual rollercoaster with all its twists and turns, virtual sexual offenses seem different. It seems like unlike stimuli which go away after the VR headset comes off, virtual sexual offenses can stick with the user. Perhaps this is because the other experiences remain still somewhat sepa- rated from the user. Virtual sexual offenses are very much targeted against a specific person, as opposed to falling off a virtual mountain which is not seeking to causes a reaction besides a potential thrill. The intention is not to hurt the user or degrade them in any way.

Instead, virtual sexual offenses are an experience that could be traumatic, especially for those who have experienced sexual assault or other sexual offenses in the real world. The purpose is to hurt and degrade the user, so it makes it much more harmful than the sce- nario where someone is falling from a virtual mountain. The internet, especially in the gaming world, can be a hostile place when it comes to gender and race. This is not universal of the entire community, but this hostility is present within gaming. It makes it more likely virtual sexual offenses may occur. If states want to be ahead of a potential issue, then adopting a standard like the one proposed in this Article is a step states can take. VR technology is likely to advance further and blur the line between the virtual and non-virtual world further. It is also unlikely that the internet will become a less hostile place. Having a law in place when a new area of crime is beginning to emerge helps the victims. It makes them feel as if there is re- course. If governments want to be ahead of the issue and give potential victims the knowledge that they are entitled to some form of justice, https://digitalcommons.wcl.american.edu/clp/vol4/iss5/3 16 40 Washington College of Law Fall 2018 Esparza: "The Way I Felt": Creating A Model Statute to Address CriminalSexual OffeLaw Practitioner

Published by Digital Commons @ American University Washington College of Law, 2018 17 Fall 2018 Washington College of Law 41