Science fiction is often rather good at predicting the future and it is not unreasonable to think that the intelligent machine of science fiction will someday be a reality. Since I have been writing about sexbots lately, I will use them to focus the discussion. However, what follows can also be applied, with some modification, to other sorts of intelligent machines.
Sexbots are, obviously enough, intended to provide sex. It is equally obvious that sex without consent is, by definition, rape. However, there is the question of whether a sexbot can be raped or not. Sorting this out requires considering the matter of consent in more depth.
When it is claimed that sex without consent is rape, one common assumption is that the victim of non-consensual sex is a being that could provide consent but did not. A violent sexual assault against a person would be an example of this as would, presumably, non-consensual sex with an unconscious person. However, a little reflection reveals that the capacity to provide consent is not always needed in order for rape to occur. In some cases, the being might be incapable of engaging in any form of consent. For example, a brain dead human cannot give consent, but presumably could still be raped. In other cases, the being might be incapable of the right sort of consent, yet still be a potential victim of rape. For example, it is commonly held that a child cannot properly consent to sex with an adult.
In other cases, a being that cannot give consent cannot be raped. To use an obvious example, a human can have sex with a sex-doll and the doll cannot consent. But, it is not the sort of entity that can be raped. After all, it lacks the status that would require consent. As such, rape (of a specific sort) could be defined in terms of non-consensual sex with a being whose status would require that consent be granted by the being in order for the sex to be morally acceptable. Naturally, I have not laid out all the fine details to create a necessary and sufficient account here—but that is not my goal nor what I need for my purpose in this essay. In regards to the main focus of this essay, the question would be whether or not a sexbot could be an entity that has a status that would require consent. That is, would buying (or renting) and using a sexbot for sex be rape?
Since the current sexbots are little more than advanced sex dolls, it seems reasonable to put them in the category of beings that lack this status. As such, a person can own and have sex with this sort of sexbot without it being rape (or slavery). After all, a mere object cannot be raped (or enslaved).
But, let a more advanced sort of sexbot be imagined—one that engages in complex behavior and can pass the Turning Test/Descartes Test. That is, a conversation with it would be indistinguishable from a conversation with a human. It could even be imagined that the sexbot appeared fully human, differing only in terms of its internal makeup (machine rather than organic). That is, unless someone cut the sexbot open, it would be indistinguishable from an organic person.
On the face of it (literally), we would seem to have as much reason to believe that such a sexbot would be a person as we do to believe that humans are people. After all, we judge humans to be people because of their behavior and a machine that behaved the same way would seem to deserve to be regarded as a person. As such, nonconsensual sex with a sexbot would be rape.
The obvious objection is that we know that a sexbot is a machine with a CPU rather than a brain and a mechanical pump rather than a heart. As such, one might, argue, we know that the sexbot is just a machine that appears to be a person and is not a person. As such, a real person could own a sexbot and have sex with it without it being rape—the sexbot is a thing and hence lacks the status that requires consent.
The obvious reply to this objection is that the same argument can be used in regards to organic humans. After all, if we know that a sexbot is just a machine, then we would also seem to know that we are just organic machines. After all, while cutting up a sexbot would reveal naught but machinery, cutting up a human reveals naught but guts and gore. As such, if we grant organic machines (that is, us) the status of persons, the same would have to be extended to similar beings, even if they are made out of different material. While various metaphysical arguments can be advanced regarding the soul, such metaphysical speculation provides a rather tenuous basis for distinguishing between meat people and machine people.
There is, it might be argued, still an out here. In his Hitchhikers’ Guide to the Galaxy Douglas Adams envisioned “an animal that actually wanted to be eaten and was capable of saying so clearly and distinctly.” A similar sort of thing could be done with sexbots: they could be programmed so that they always give consent to their owner, thus the moral concern would be neatly bypassed.
The obvious reply is that programmed consent is not consent. After all, consent would seem to require that the being has a choice: it can elect to refuse if it wants to. Being compelled to consent and being unable to dissent would obviously not be morally acceptable consent. In fact, it would not be consent at all. As such, programming sexbots in this manner would be immoral—it would make them into slaves and rape victims because they would be denied the capacity of choice.
One possible counter is that the fact that a sexbot can be programmed to give “consent” shows that it is (ironically) not the sort of being with a status that requires consent. While this has a certain appeal, consider the possibility that humans could be programmed to give “consent” via a bit of neurosurgery or by some sort of implant. If this could occur, then if programmed consent for sexbots is valid consent, then the same would have to apply to humans as well. This, of course, seems absurd. As such, a sexbot programmed for consent would not actually be consenting.
It would thus seem that if advanced sexbots were built, they should not be programmed to always consent. Also, there is the obvious moral problem with selling such sexbots, given that they would certainly seem to be people. It would thus seem that such sexbots should never be built—doing so would be immoral.
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