Japan Debates Landmark Bill To Redefine Rape, 2nd Such Revision In A Century
After passing the landmark bill to redefine rape and increase the age of consent in the Lower House, Japan's Upper House discusses the legislation as it moves ahead to make it a law.
If everything goes well, Japan will have a reformed definition of rape that will now include "non-consensual sexual intercourse". At present, Japanese law terms "forcible sexual intercourse" as rape and only a third of cases recognised as rape result in prosecutions, slightly lower than the general criminal prosecution rate, reported BBC. The Japanese parliament is debating a landmark bill to reform the country's sexual assault laws. If modified, it will be only the second such revision in a century. The Lower House of Japan Parliament on May 30 passed the bill and the Upper House has to clear to make it a law, reported the Japan Times.
What Does The New Reform Say?
According to the BBC, the bill covers a number of changes. But the significant most is redefining of rape from "forcible sexual intercourse" to "non-consensual sexual intercourse". This will make room for "consent" to be in the picture which is still poorly understood by society.
The current Japanese law defines rape as sexual intercourse or indecent acts committed "forcibly" and "through assault or intimidation", or by taking advantage of a person's "unconscious state or inability to resist", reported BBC.
As per the report, Japanese law is at odds with many other countries which define it more broadly as any non-consensual intercourse or sexual act - where no means no. The reform would also increase the age of consent from 13 to 16 years, and the statute of limitations will be extended, BBC states in its report.
As per a report in Japan Times, a new crime would be established to punish acts of secretly photographing or filming a person's sexual anatomy, and providing such photos or videos to a third person, with perpetrators subject to a prison sentence of up to three years. It added that those who spread such photos or videos to a large number of unspecified people would be given a prison sentence of up to five years.
The new legislation says the crime of nonconsensual sexual intercourse is considered to have been committed if the perpetrators make the victims engage in such an act in situations where it is difficult for the victims to express or fulfill their will not to give consent, Japan Times reported.
Apart from this, the bill makes sexual intercourse with those under 16 illegal. However, Japan Times stated, a person who has sexual intercourse with a child aged 13 to 15 will be punished only if that person is five or more years older than the child.
Meanwhile, the bill also proposes to extend the statute of limitations for prosecution to 15 years from 10 years for nonconsensual intercourse.
Why Was This Change Required?
Activists in Japan have long argued that the country’s narrow definition has led to even narrower interpretations of the law by prosecutors and judges, making it difficult for survivors to get justice.
According to the BBC, in a 2014 Tokyo case, a man had pinned a 15-year-old girl to a wall and had sex with her while she resisted. The court acquitted him saying his actions did not make it "extremely difficult" for her to resist. Also, the teenager was treated as an adult because the age of consent in Japan is only 13 years – which is the lowest among the world's richest democracies.
"The actual trial processes and decisions vary - some defendants were not convicted even if their acts were proven to be non-consensual, as they did not meet the case of 'assault or intimidation'," says Yuu Tadokoro, a spokesman for Spring, a sexual assault survivor group, as per BBC.
Public outcry over the law reached Parliament after a series of four sexual assault cases in 2019, each resulting in the acquittal of the alleged attacker, and it all happened within a month.
In one of the cases, a man had sex with a woman who'd passed out drunk- which could normally be considered sexual assault in other places, reported BBC. However, the Japanese court heard the woman took part for the first time in a regular drinking session at a restaurant.
According to reports, BBC stated, the man said he thought "men could easily engage in sexual behaviour" at the event, which was known for its sexual permissiveness. Moreover, the man also assumed the woman gave consent because at one point during intercourse, she had opened her eyes and "uttered noises".
In another case, a father had sex with his teenage daughter repeatedly over many years. After hearing the case, the court doubted he had "completely dominated" his daughter because she went against her parents' wishes in "picking a school to attend". This was even after a psychiatrist testified that she was generally psychologically incapable of resisting her father.
Following the public anger, the cases were re-tried and the attackers were found guilty. A nationwide campaign, known as the Flower Demo, was launched by activists to show solidarity with sexual assault survivors.
On the other hand, BBC stated, as part of the redefinition of rape, the new law explicitly sets out eight scenarios where it is difficult for the victim to "form, express, or fulfill an intention not to consent".
They include situations - where the victim is intoxicated with alcohol or drugs; or subject to violence or threats; or is "frightened or astonished". Another scenario describes abuse of power, where the victim is "worried" they would face disadvantages if they do not comply.
Nevertheless, if passed, the reforms would mark a victory for those who have long waited and lobbied for a change.
"The very fact that they are changing even the title of this law, we are hoping that people will start this conversation in Japan on: What is consent? What does non-consent mean?" Kazuko Ito, vice-president of the Tokyo-based Human Rights Now, was quoted as saying by BBC.
However, the upper house of the Diet, Japan's parliament, must pass the new law by 21 June, as missing the deadline would throw the sex assault reforms into uncertainty.
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