Legal Adaptation of Sexual Assault Through Virtual Physical Contact- An Analytical Study in Iraqi Penal Code.

Abstract

This study addresses the legal characterization of sexual assaults committed through virtual physical contact, which occur within virtual reality environments utilizing haptic technologies that transmit tactile sensations to the victim, creating a real sensory impact despite the absence of direct physical touch. The research focuses on explaining the technical nature of such assaults, classifying their various forms, and analyzing their psychological effects, highlighting the urgent need to understand their seriousness and real-world implications. It further examines the extent to which these acts can be legally classified under the provisions of the Iraqi Penal Code, particularly Articles 396 and 397 concerning the crime of sexual molestation (Hatk Al-‘Irdh), through a detailed study of the material and mental elements, as well as the absence of consent. The study reveals significant legislative gaps in the current laws, including the Kurdistan Regional Law and the draft Federal Cybercrimes Law, as they do not explicitly address these emerging scenarios. The research concludes that while judicial interpretation may provide limited protection, it remains insufficient, thus necessitating explicit legislative intervention to criminalize violations of sexual sanctity through technological means and to establish appropriate evidentiary mechanisms and investigative procedures.