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Freedom of information request reference no: 01.FOI.24.035577
I note you seek access to the following information:
In light of the recent news that the police are investigating an alleged sexual assault in the virtual metaverse, I'd like to request the following information:
- How many reports have the police received about sexual assault or harassment on the internet or online between 2016 and 2023.
- What kind of assault or harassment is most commonly reported.
- What’s the frequency of reports year-on-year (calendar).
- How many of these reports have been or are currently being investigated.
I have today decided to disclose the located information to you in full. Please find below information pursuant to your request above.
You will notice that there are no sexual assaults included within the results. That is because, by its legal definition, sexual assault must include physical touching, which by its nature, cannot occur online. Please see the relevant definition here for your information:
Section 3 of the Sexual Offences Act 2003 makes it an offence for a person intentionally to touch sexually another person without that person's consent, if they do not reasonably believe the other person consents.
3(1) A person (A) commits an offence if -
(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.
3(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
3(3) Sections 75 and 76 apply to an offence under this section.
3(4) A person guilty of an offence under this section is liable -
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.
79(8) Touching includes touching -
(a) with any part of the body,
(b) with anything else,
(c) through anything,
and in particular includes touching amounting to penetration.
Some sexual offences that included the ‘online enabled’ flag were returned. However, due to the legal definition, and after some dip sampling these cases, these returns are considered not relevant to your request. This is because often the online enabled flags are placed on a report because of other linked offences contained within (such as the stalking/harassment elements) and not in relation to sexual offending.