2023-06-16 21:23:32
The age of consent in Japan has long been considered one of the lowest in an international comparison: it is currently 14 in Austria, Germany and China, 15 in France and 16 in Great Britain. The fact that in Japan, since the beginning of the 20th century, people have come of age at the age of 13 has long been the subject of heated debates. On Friday, the Japanese upper house decided to change the law.
However, sexual acts between two teenagers remain unpunished if both are at least 13 years old and the age difference is not more than five years. The Japanese human rights group Human Rights Now hailed the reform as a “major step forward”. Raising the age of consent sends the message to society that adult sexual violence against children is “unacceptable”.
Many crimes have not been reported at all
And the reform of other penalties at least brings the law closer to the situation in other countries. Until now, the legal situation has particularly disadvantaged victims of sexual violence: rape was considered “violent sexual intercourse”, which meant that it had to be proven that the victim either defended himself or was unable to defend himself due to the use of force.
In practice, this led to many crimes not being reported at all – and victims were therefore accused of not having adequately defended themselves. Several trials since 2019 that ended without a conviction sparked an outcry and the Flower Demo movement, which advocated reform of the law.
The new definition broadens the term
Japan has now changed the wording and will now define rape as “non-consensual sexual intercourse”. Specifically, eight situations are mentioned in which it is impossible for victims “to express or formulate that one does not consent to sexual intercourse,” the BBC quotes from the new law.
This includes situations where the victim is under the influence of alcohol or drugs, is exposed to violence or threats, or is “scared or surprised”. Another scenario is likely to be aimed at abuse of power – there is talk of “concerns” about the consequences of a refusal.
But the NGO Human Rights Now also expressed skepticism, pointing to a more deeply rooted problem in Japan: “Biased ideas” about sex and consent that have prevailed for generations need to be addressed, Kazuko Ito told the BBC. Victims of sexual assault who go public often receive threats and hate speech online, the lawyer said.
Only six percent reported assaults
Even after the reform, those affected would have to have enough backing to report assaults, they say. In Japan, however, victims are often reluctant to do so due to stigma and shame. A 2021 government survey found that only about six percent of women and men report an assault, with half of the women surveyed believing they could not do so out of “shame”.
“Nationwide learning and educational work is essential to anchor this norm in society. This is the only way we can prevent actual sexual violence and end the culture of impunity,” Ito told the BBC. Japan had already reformed its sexual criminal law in 2017, but critics said the changes did not go far enough at the time.
For the first time, forms of voyeurism are also punishable throughout Japan: Anyone who secretly films other people in their private parts, in their underwear or during sexual acts must expect up to three years in prison or a fine of up to three million yen (equivalent to almost 20,000 euros).
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