Sexual assault laws under review in Japan
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- 17 Feb 2023
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A Japanese government panel has proposed a set of revisions to the national Penal Code that it says will make it easier for sexual assault victims to find justice. The move is a response to a series of acquittals in sexual violence cases, and protests by victims' rights groups.
Out of step with reality
Problems with the existing law were highlighted by not-guilty verdicts in four cases in 2019.
In one of the trials, a father accused of raping his 19-year-old biological daughter was acquitted even though the court acknowledged that he had had sex with her against her will. The prosecution case — that the man took advantage of the daughter's inability to resist the sexual attack — was rejected.
Under the current law, a victim bears the onus of proving not only that there was no consent, but also that there was "assault or intimidation" or other factors that made it impossible for them to put up resistance.
In the father-daughter case, the prosecution was unable to meet this standard, although a higher court reversed the ruling the following year and sentenced the man to 10 years in prison.
Regardless, victims and their supporters argue that the legal standard is out of step with reality. They say that even without assault or intimidation, fear often affects the way a person behaves under attack.
Proposed revisions to the Penal Code
The Justice Ministry panel proposals include a more precise definition of what constitutes "forcible" sexual intercourse.
The draft outline of its revisions, presented on February 3, outlines eight specific factors, each of which would criminalize sexual intercourse in an assault scenario.
In addition to assault or intimidation, they include intoxicating the victim with alcohol or drugs, not giving the victim a chance to refuse, scaring or shocking the victim, and taking advantage of status. Read More…
