Digitizing Desire or Fueling Abuse? A Legal Study on Rise of AI in Enabling Simulated Sexual Violence

ABSTRACT

This research explores the complex and evolving concept of ‘digital rape’, examining its dual meanings within the Indian legal system and the global context of AI-enabled cyber abuse. While Indian law recognizes non-penile penetration as rape following the 2013 Criminal Law (Amendment) and POCSO Act, global interpretations have expanded to include simulated sexual violence through avatars, deepfakes, and virtual reality—forms of harm that transcend physicality and penetrate psychological and identity dimensions. The study analyzes how Artificial Intelligence, when misused, facilitates acts of sexual violence in digital spaces, with particular focus on deepfake technology. Using qualitative, desk-based methods, the research reveals critical gaps in existing legal frameworks, ethical inconsistencies, and the societal tendency to trivialize virtual sexual assault. It further highlights the psychological trauma suffered by victims, the role of tech companies in mitigating harm, and the inadequacy of both Indian and global laws to address these technologically mediated abuses. The paper advocates for legislative reforms in India, emphasizing consent over intent, and calls for international cooperation to address jurisdictional loopholes in digital sexual violence. The findings contribute to reimagining legal and ethical paradigms suited for an increasingly virtualized world.