Japan is changing its rape laws to require consent
Japan changed its definition of rape and raised the age of consent from 13 to 16 on Friday, bringing the country’s sex crime laws more in line with those in the United States and Europe.
The new law, passed unanimously by the upper house of parliament, defines rape as “consensual sexual intercourse” and removes a previous requirement that the crime include physical violence. Until now, Japanese sexual assault laws have made no mention of consent, reflecting skepticism that anyone can be coerced into sex without violence.
Japan previously had one of the lowest ages of consent among wealthy countries, leaving children vulnerable to adult sexual abuse. Yet under the new law, for victims between the ages of 13 and 15, sex is only considered a crime if the partner is five years or older than the child. The new law, which was approved by the House of Representatives in May, is the first time in more than 100 years that Japan has changed the age of consent.
The new law outlines several conditions under which a person could be afraid to say no to sex, even if there is no direct threat of violence. Those situations include when a victim has consumed alcohol or drugs or when a perpetrator “scares or frightens” them.
Laws in the United States and some European countries already take into account that a person may be unable to consent due to illness or intoxication, or that an offender may be abusing a position of authority.
Due to the high bar for a sexual assault to be officially classified as rape in Japan, few victims have brought criminal charges to date. When Shiori Ito, a journalist, alleged that a prominent television journalist raped her when she was unconscious and unable to consent, prosecutors declined to press charges. Ms. Ito later won damages in a civil suit against Noriyuki Yamaguchi, a former bureau chief of Washington’s Tokyo Broadcasting System, when a judge accepted her account of the attack.
Activists for victims of sexual assault had long argued that Japan’s rape laws were outdated due to the lack of any mention of consent and the low age of consent.
At a press conference following the bill’s passage on Friday, Kazuko Ito, a lawyer who has represented victims of sexual assault, said it was a “big step forward.”
“It is very significant that the victims who have been excluded from justice are now within the scope of legal remedies and punishment,” Ms Ito said.
The new law also addresses groping or incidents where adults “psychologically control” children on social networking sites. It also extended the statute of limitations for filing rape charges to 15 years, from 10.
Hikari Hida contributed reporting.