(Tokyo) Japan changed its definition of rape and raised the age of consent from 13 to 16 on Friday, bringing the country’s sex crimes laws closer to those of the United States and Europe.
The new law, passed unanimously by the Upper House of Parliament, defines rape as “non-consensual sexual intercourse” and removes the requirement to use physical force to commit the crime. Until now, Japanese sexual assault laws did not mention consent, which showed some skepticism about the possibility of coercing someone to have sex without violence.
Japan previously had one of the lowest ages of consent among wealthy countries, which left children vulnerable to sexual abuse by adults.
However, under the new law, for victims between the ages of 13 and 15, sex will only be considered a crime if the partner is at least five years older than the child. The new law, which was approved by the House of Representatives in May, is the first to change the age of consent in Japan in more than 100 years.
The new law defines several conditions under which a person may be afraid to refuse sex, even if they are not directly threatened with violence. These include cases where the victim has consumed alcohol or drugs or where the abuser “frightens or surprises” them.
Laws in the United States and some European countries already take into account that a person may not be able to give consent due to illness or drunkenness, or that an offender can exploit a position of authority.
Few complaints
So far, due to the high standards that must be met for a sexual assault to be officially classified as rape in Japan, few victims have filed complaints.
For example, when journalist Shiori Ito claimed that a prominent TV reporter raped her while she was unconscious and unable to give consent, prosecutors declined to press charges. Mme Ito later won damages in a civil case against Noriyuki Yamaguchi, former Washington bureau chief of the Tokyo Broadcasting System, when a judge accepted his version of the assault.
Advocates for sexual assault victims have long argued that Japan’s rape laws are outdated due to the lack of any mention of consent and the low age of consent.
In another example, earlier this year, Meiko Sano unsuccessfully sued her former teacher for sexual harassment, alleging he had used his position as a supervisor to groom her for a relationship she said she could not consent to.
Lawyers and activists who support victims of sexual assault have long argued that the law should take into account that people who fear reprisals from teachers, bosses or others in positions of authority cannot freely consent to sex.
wind of change
At a press conference after the bill passed on Friday, Kazuko Ito, a lawyer who has represented victims of sexual assault, said it was a “big step forward” .
“It is very important that victims who have been excluded from justice can now benefit from legal remedies and sanctions,” said Ms.me Ito.
The new law also covers touching or incidents in which adults “psychologically control” children on social networking sites. It also increased the statute of limitations for filing a rape complaint from 10 to 15 years.