crime

Court orders journalist to pay damages to reporter Shiori Ito in rape lawsuit

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By Kiyoshi Takenaka and Linda Sieg

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Noriyuki Yamaguchi, a senior television reporter known for his reporting on Prime Minister Shinzo Abe

Yamaguchi has written two books about Abe, is a close personal friend and an apparent comfort women denial sympathizer.

30 ( +34 / -4 )

She is an incredibly brave and persistent woman. Many would have given up, but she keeps fighting for justice. Bravo.

23 ( +25 / -2 )

Finally a little belated consolation, that can never take away the stain of the offence, but may be a first small step in cutting down a prosecutorial / justice system so interwoven with politics and power.

Aside from the tragedy of the rape and disgusting police procedures, this whole incident stunk of in-hand connections.

Without doubt this issue was pressured from the start, to be swept under the carpet as the offender Yamaguchi was the friend & biographer of Abe.

Shori Ito should be "Person of the Year".

22 ( +25 / -3 )

It’s a shame the police didn’t do due diligence when Ito brought them this case. Aren’t the police supposed to fight crime?

21 ( +23 / -2 )

At least it's some sort of justice, the guy should have ended up in jail but he's on the record now as a rapist and his nonsense countersuit was thrown out. 3 million yen is nothing but she probably couldn't care less about the money either way. I just hope that she keeps fighting the good fight, and maybe someday in the future someone in the inside leaks what we all know already regarding why he was never prosecuted despite so much evidence.

21 ( +23 / -2 )

she was forced to re-enact the alleged rape with a life-sized doll while male police watched. She did not identify the policemen.

> She also wrote that the arrest was called off at the last minute by a senior police official, whom she did not identify.

> Prosecutors later decided not to bring charges. They do not give reasons for such decisions.

> Ito has said she was also trolled on social media by critics.

She was raped! She went to the police and had to reenact the whole rape! She couldnt get any help from the cops because they had contacts higher up. She got trolled online.

This lady deserves more than what she got and ALL the people involved should be named and shamed, HOW else will future victims feel safe coming forward? disgusting.

20 ( +22 / -2 )

Good news. Now the twenty or thirty year battle commences to see if she'll actually receive any money in her bank account.

17 ( +18 / -1 )

3.3 million Yen is a slap on the wrist compared to the crime, so justice not done.

16 ( +17 / -1 )

Congratulations Shiori-san!!!!

This is an amazing victory, not only for Shiori-san but for ALL WOMEN in Japan and elsewhere who were doubted, bullied, and harassed to stay silent by their rapist and the misogynists who supported them in their campaign of hate and oppression! #metoo

Now Japan needs to step up and face the fact that there needs to be real societal change as well as force of law to charge and punish sexual offenders - sexual assault and harassment has to be taken seriously.

Hopefully this victory will make potential offenders think twice before attacking women.

16 ( +18 / -2 )

oldman

Why does she not name the police that were involved with her re-enacting the incident, as well as the police official that called off the arrest?

A better question: Why doesn't the police official that called off the arrest identify him/herself and explain why he/she made the call?

14 ( +16 / -2 )

No jail time for Yamaguchi? Does money solve everything? How about the stain caused? I think money compensation is not enough.

Of course it's not enough, but it is at least recognition that she was assaulted, which she hadn't gotten yet. The elite in this country can literally get away with murder, so to see anyone successfully poke a hole in their shield is progress.

13 ( +14 / -1 )

No jail time for Yamaguchi? Does money solve everything? How about the stain caused? I think money compensation is not enough.

12 ( +15 / -3 )

He isn't going to jail but I truly hope the loser lost his job and family.

10 ( +11 / -1 )

Yamaguchi has written two books about Abe, is a close personal friend and an apparent comfort women denial sympathizer.

I guess in Yamaguchi's mind, Ito was a willing volunteer in being his comfort woman for the night.

Glad for the verdict in this case, but agree with others its a pittance of a payout.

8 ( +10 / -2 )

Yamaguchi has written two books about Abe, is a close personal friend and an apparent comfort women denial sympathizer.

And now we know why the police declined to arrest the rapist.

8 ( +9 / -1 )

Usually in this kind of photo in Japan, the victor in the court case is surrounded by supporters.

Why is nobody supporting Shiori Ito in the photo?

Are people in Japan afraid of being seen to support her?

If that is the case, it is a damn shame.

It also indicates what a brave and determined woman she is.

She has had to do almost everything by herself to get this far... the police were useless, the prosecutors were useless... in fact worse than useless... there may have been colusion thanks to that rapist sumbag's political connections.

I just want to say well done Shiori Ito.

You are a million times better and stronger than all those useless men.

I sincerely hope that you can find closure and continue your career as an excellent journalist.

7 ( +8 / -1 )

She has may supporters and many were with her today. Just because none happened to be in that one photo you saw doesn’t lead to your conclusion.

OK glad to hear it.

I've been at work all day so this is the only pic I have seen. No time to view multiple media sources.

These kind of photos in Japan often show the victor surrounded by supporters.

I was struck by how alone Shiori Ito looks in the pic.

But in a way it almost symbolizes how she has had to almost everything by herself... WITHOUT the help of the useless police and prosecutors.

She is one brave woman.

7 ( +7 / -0 )

Disgustingly lenient

6 ( +7 / -1 )

3.3 million yen? That's an insult. Guess we're all clear about how seriously Japan's Old Boy Network views rape.

No wonder this place is below the United Arab Emirates in gender equality.

Two shameful stories in two days.

6 ( +7 / -1 )

congrats!!

5 ( +6 / -1 )

But when does he do jail time for ya know being a RAPIST and all that.

5 ( +5 / -0 )

Yamaguchi told a news conference several hours after the court ruling that he planned to appeal the verdict. He said that he had done nothing illegal and he was not convinced by the verdict.

As much as we should like it to be final, it's not over yet for Shiori Ito.

This will drag on until someone interferes again!

5 ( +5 / -0 )

WilliBToday 06:19 am JST

Afaic, no. It is "she said, he said".

The taxi driver testified that Shiori asked several times to be taken home and that she couldn't walk. There is also security camera footage showing Ito carrying her from the car. There is his admission that she was very, very drunk to the point of incapacitation. And of course, there is also her own words: "I was raped."

And her cellphone messages from the next day were astonishing for a "rape" case. She said things like thank you for last night and also thank you for lending me your T-shirt. I will wash it and send it back to you.

It is well known that people very often act "normally" after a traumatic event as a coping mechanism. It's not unusual for women to interact with their rapist as if nothing had happened. This is well-documented over thousands of rape cases as well as other cases of traumatic injury, such as domestic violence and assault.

That was, of course, when she still expected to get that promised job in Washington. After she did not get the job, suddenly all these rape claims appeared.

To me, it sounded clearly as if the guy had told a lie in order to get laid. Not something unheard of...

Let me get this straight. You think a woman would be so angry at not getting a job that she would accuse a man of rape, and fight him in court for three years even in the face of public degradation, threats, harassment, shame to her family, shunning from her industry contacts, millions of yen in lawyers' fees, and the total loss of her career.

You think she would endure tears, trauma, and pain just to get even because he ended up not giving her a job. You think that scenario is more likely than him simply getting her drunk and raping her, when rape is a very common crime that happens to 1 in 4 women.

5 ( +5 / -0 )

The Tokyo District Court on Wednesday ordered prominent reporter Noriyuki Yamaguchi to pay 3.3 million yen in damages to journalist Shiori Ito in a civil lawsuit over her allegations he had raped her.

Ok this is disturbing and it's scandalous the way this woman is treated. First 3.3 million yen is peanuts for the level of trauma she has experienced. Second if the Tokyo District Court acknowledges that Yamaguchi should pay her damages, then this means that it has acknowledged that Ito's claims of rape are legit. This means that the Tokyo District Court has acknowledged that Yamaguchi's guilt for rapping her is real. Since rape is a crime, this means that Yamaguchi should be prosecuted and judged for the crime he has done.

But... we are not seeing this. Why then he is not being prosecuted? I mean, nobody with the minimum of rationality that should be driving normally formed humans can deny that this country's justice system is a scandal, and that it treats people differently based on what some hidden dudes decide behind closed doors.

4 ( +5 / -1 )

Not only this shameful act.......if they can turn a blind eye to it happening in their own country can you imagine what shameful acts they committed during World War 2.

The cat is out of the bag,I think.

Man,Womenonimics should be the death knell for Abe and his legion of dinosaur oyaji.

I am embarrassed to even be living here.......and before the rightists say anything I am planning on leaving this sinking ship in due course.

4 ( +6 / -2 )

The old ways are much better.

Ah ok so rapping women are the way to go. Honest question, are you even educated?

3 ( +4 / -1 )

So she gets a measly 3 million yen for being raped and he walks free doesnt see the inside of a cell for one day..disgusting

That was my first thought. I'm glad she won the case and can feel some vindication, but it is hard to really celebrate.

Is that all the damages the court thinks she suffered? Apparently.

Will this deter another assault? No.

3 ( +3 / -0 )

Good for her. Brick by brick ...

One pervert at a time. This conviction should remain on his record permanently, not erased. This kind of thing happens in Japan all the time and goes unreported and uninvestigated.

3 ( +4 / -1 )

She should never have had to bring a private prosecution, but, though a small consolation, at least he's been found to have raped her - otherwise why the fine? He's guilty, clearly, so needs to serve time in prison for what he's done. From the article it sounds like he's just another dick who believes he can do what he likes and is untouchable.

3 ( +5 / -2 )

Well done, Miss Ito. It took great courage to bring this case and I'm very glad you won. Omedeto gozaimasu.

3 ( +3 / -0 )

She shouldn't have to go through that.

2 ( +2 / -0 )

shows us how much credibility they have in their own legal system

Prosecutors later decided not to bring charges.

A civil judicial panel later rejected Ito's appeal to force a prosecution, saying it had found no grounds to overturn the prosecutors’ decision.

The head of the National Public Safety Commission, which oversees the police, also denied in parliament that there were any problems with the investigation, media reported at the time.

2 ( +2 / -0 )

3 million yen, you kidding me???? The price of a normal car? Her whole life is ruined!!! Those bastards dine and wine 3 million yen a night. FFS.

1 ( +4 / -3 )

There is his admission that she was very, very drunk to the point of incapacitation.

The fact that he acknowledges this and still intends to appeal speaks volumes about his his attitude towards consent.

1 ( +1 / -0 )

Kazuaki ShimazakiToday 02:31 pm JST

@girl_in_tokyoToday 07:28 am JST

It is well known that people very often act "normally" after a traumatic event as a coping mechanism.

Perhaps, but because normal actions are normal by definition, you can only say it is at least a negative towards the claim that the rape happened.

WilliBToday 04:30 pm JST

girl in tokyo:

It is well known that people very often act "normally" after a traumatic event as a coping mechanism. It's not unusual for women to interact with their rapist as if nothing had happened.

So you are saying that women's testimony can not be considered as true? Or it can mean the opposite of what they actually say? Great....

That is actually the opposite of what it means, and there is ample research into the psychology of victims of traumatic events that shows that just because someone behaves as if they are fine, doesn't actually mean that they are fine.

But hang on here. Two similar comments posted within minutes of each other - is this a sockpuppet convention ... ?

1 ( +2 / -1 )

Kazuaki ShimazakiToday  06:31 pm JST

I don't dispute that. However, there is a huge gap between this being a possibility (even a serious one) as being able to turn into something that more helps than hurts your case.

The contention was that Shiori is lying because she was able to have an email exchange with her rapist.

The assertion falls flat because it’s been documented that rape victims can put up a strong front and pretend nothing is wrong even when they’re actually traumatized.

The case I’m making is that the fact she managed to have an email exchange with her rapist is not evidence that she’s lying.

1 ( +1 / -0 )

Good news.

What Yamaguchi said is inconsistent.

I can't understand why he was not prosecuted.

0 ( +0 / -0 )

girl_in_tokyo Today  05:26 pm JST

That is actually the opposite of what it means, and there is ample research into the psychology of victims of traumatic events that shows that just because someone behaves as if they are fine, doesn't actually mean that they are fine.

I don't dispute that. However, there is a huge gap between this being a possibility (even a serious one) as being able to turn into something that more helps than hurts your case.

0 ( +0 / -0 )

Kazuaki ShimazakiDec. 19 07:03 pm JST

That's inaccurate since talking to someone normally is still evidence that nothing really horrible happened between them.

I have already explained and don't see the need to go over it again. All I can do is suggest you read up on the subject. You can use google scholar and see the research for yourself. The key word to look for is "rape trauma syndrome" or "trauma reaction".

0 ( +1 / -1 )

girl in tokyo:

The contention was that Shiori is lying because she was able to have an email exchange with her rapist.

No. Do not misstate the facts. The fact (not a "contention") is that in her e-mail exchange she was extremely friendly and did not indicate any rape AT ALL.

That was, when she still though she could get a job in the US through the guy though. The rape accusations appeared after it turned out he had lied and there was no job.

Connecting any dots here at all?

0 ( +1 / -1 )

WilliBToday 06:38 am JST

> No. Do not misstate the facts. The fact (not a "contention") is that in her e-mail exchange she was extremely friendly and did not indicate any rape AT ALL.

Of course being friendly in an email doesn't indicate someone was raped. And, as I said, it is also not evidence that someone was not raped. I'm not going to belabor that point any longer - as I suggested, do your own research on the topic.

The evidence for rape was:

A taxi driver testified that Shiori asked several times to be taken home, and Yamaguchi refused. Then the driver saw Yamaguchi take her out of the cab and carry her into the hotel because she could not walk.

There is video footage of Yamaguchi carrying Shiori into the hotel because she could not walk.

Yamaguchi fully admitted that she was completely inebriated and not fully conscious; thus, according to both common sense and Japanese law, unable to consent to sex.

Shiori reported the rape the very next day and went to a clinic for emergency contraception.

Shiori repeatedly has said it was rape. Her story has been completely consistent.

The only reason for anyone to not call this rape would be if they were personally of the belief that it is not rape to have sex with an unconscious person without their consent. I would further say that a person who believes they are entitled to have sex with an unconscious woman is is a sexual predator, and a danger to women. Such men should be locked up and the key thrown away.

0 ( +1 / -1 )

Is this an OJ Simpson situation ---- not guilty, but guilty? I thought he had been cleared in the case.

Because the criminal case was dismissed for lack of evidence and contradictions in Ito’s testimony, but Ito won the civil damages suit.

This entire incident is shady from all sides. In the red corner you have an elite-class journalist with powerful friends. In the blue corner, a young aspiring journalist.

He says:

She had quite a lot to drink, six glasses or more of Sake; as I was told later by the sushi chef, and she was in no condition to walk home alone. I took her to my hotel room where she vomited several times and fell asleep on the bed, while I slept on the couch. After a few hours, I was awoken by the sound of her taking a shower and when she returned she seemed to be sober, we then engaged in sexual intercourse.

She says:

I was inebriated to point of being unable to walk, and do not remember anything from after the sushi restaurant. When I regained consciousness Yamaguchi was forcing himself on me, and I was unable to resist. I awoke later in the morning to sharp pain all over my body.

CCD from the hotel lobby says:

She walked through the hotel lobby with Yamaguchi, in high heels and unaided.

0 ( +1 / -1 )

@BeerDeliveryGuyT

You really should try to be accurate.

Because the criminal case was dismissed for lack of evidence and contradictions in Ito’s testimony, but Ito won the civil damages suit.

The ruling viewed Ito’s testimony as highly reliable while pointing out discrepancies in Yamaguchi’s claims.

http://www.asahi.com/ajw/articles/AJ201912180041.html

This entire incident is shady from all sides. In the red corner you have an elite-class journalist with powerful friends. In the blue corner, a young aspiring journalist.

He says:

She had quite a lot to drink, six glasses or more of Sake; as I was told later by the sushi chef, and she was in no condition to walk home alone. I took her to my hotel room where she vomited several times and fell asleep on the bed, while I slept on the couch. After a few hours, I was awoken by the sound of her taking a shower and when she returned she seemed to be sober, we then engaged in sexual intercourse.

But the district court rejected Yamaguchi’s countersuit, ruling that libel did not exist because Ito’s words were the truth and made as part of her efforts to improve the social circumstances regarding victims of sex crimes.

https://www.npr.org/2019/12/18/789346482/journalist-wins-30k-in-damages-in-case-that-sparked-japans-metoo-movement

Yamaguchi acknowledged that "it was inappropriate" to take Ito to his room, but said, "It would have been inappropriate to leave her at the station or in the hotel lobby." He declined to describe what happened next, citing the advice of his lawyers.

http://www.asahi.com/ajw/articles/AJ201912180041.html

She says:

I was inebriated to point of being unable to walk, and do not remember anything from after the sushi restaurant. When I regained consciousness Yamaguchi was forcing himself on me, and I was unable to resist. I awoke later in the morning to sharp pain all over my body.

CCD from the hotel lobby says:

She walked through the hotel lobby with Yamaguchi, in high heels and unaided.

The police found the taxi driver who had picked them up, and he testified that Ito was to be dropped off at the subway, but Yamaguchi said they should be taken to his hotel. Security camera footage from the hotel showed Yamaguchi propping Ito up and moving her through the lobby that night.

https://www.npr.org/2019/12/18/789346482/journalist-wins-30k-in-damages-in-case-that-sparked-japans-metoo-movement

In a news conference in May and a book published in October, she said the police had obtained hotel security camera footage that appeared to show Yamaguchi propping her up, unconscious, as they walked through the hotel lobby. The police also located and interviewed their taxi driver, who confirmed that she had passed out. Investigators told her they were going to arrest Yamaguchi, she said, but then suddenly backed off.

http://www.asahi.com/ajw/articles/AJ201912180041.html

0 ( +1 / -1 )

Yes, that much is true.

However, later footage shows her walking through the lobby normally. Which is one of the discrepancies Yamaguchi’s attorney pointed out. I’m not taking sides on this issue, as we don’t know yet the definitive truth. However, the circumstances involving the situation are sketchy at best. Especially the fact that Yamaguchi was considering passing his position in the Washington office to Ito.

0 ( +0 / -0 )

BeerDeliveryGuyDec. 20 07:06 pm JST

Yes, that much is true.

However, later footage shows her walking through the lobby normally. Which is one of the discrepancies Yamaguchi’s attorney pointed out.

Later footage? As in, when she got up and left after the rape? Of course she was walking then; otherwise, how would she have been able to get home?

I’m not taking sides on this issue, as we don’t know yet the definitive truth. However, the circumstances involving the situation are sketchy at best. Especially the fact that Yamaguchi was considering passing his position in the Washington office to Ito.

We know Yamaguchi took an unconscious drunk woman who could not walk and who asked multiple times to be taken home to his hotel room, and we know he had sex with her - that is rape, period, stop, end of story. Someone that drunk can't consent.

And Yamaguchi wouldn't be the first man to pretend he was going to offer a job to a young woman in order to get her into a subserviant postion so that he could take advantage of her sexually. This is par for the course in male-dominated fields. He just got caught this time.

Research shows that rapists don't have only one victim. It's a pattern of abuse. The average is four, but of course with Cosby and Weinstein it was over 50. Who knows how many young female reporters Yamaguchi "offered a job" to.

0 ( +0 / -0 )

"O wise young judges how I do honour thee!"

-1 ( +0 / -1 )

girl in tokyo:

It is well known that people very often act "normally" after a traumatic event as a coping mechanism. It's not unusual for women to interact with their rapist as if nothing had happened.

So you are saying that women's testimony can not be considered as true? Or it can mean the opposite of what they actually say? Great....

-1 ( +1 / -2 )

girl in tokyo:

That is actually the opposite of what it means, and there is ample research into the psychology of victims of traumatic events that shows that just because someone behaves as if they are fine, doesn't actually mean that they are fine.

OK, so you are saying women are to believed when claim rape, and are NOT to believed when they say there was no rape?

Does the same apply to men?

Would be nice you clarify what you actually want to say. And how this sort of befuddled interpretation of peoples statements is supposed to fit into a legal system.

-1 ( +0 / -1 )

@girl_in_tokyoToday 06:47 pm JST

The contention was that Shiori is lying because she was able to have an email exchange with her rapist.

The assertion falls flat because it’s been documented that rape victims can put up a strong front and pretend nothing is wrong even when they’re actually traumatized.

The case I’m making is that the fact she managed to have an email exchange with her rapist is not evidence that she’s lying.

That's inaccurate since talking to someone normally is still evidence that nothing really horrible happened between them. Sure, because of this possibility, it isn't decisive, but as for whether it is probative for or against it must be graded as the latter.

Let me bite the bullet and agree that if we take a solution that talking to someone normally implies that nothing happened, then yes, Shiori lied. However, the criminal system should not refrain from pointing out inconsistencies (even if they may not be decisive) simply for fear of accusing people of lying. The benefit of the doubt in a criminal case is with the defendant, and even in a civil case if we cannot accuse people of lying, then people will win civil cases just by filing claims.

-1 ( +0 / -1 )

You can downvote, but still haven't answered the question. Is there evidence?

-2 ( +1 / -3 )

juminree:

You can downvote, but still haven't answered the question. Is there evidence?

Afaic, no. It is "she said, he said". And her cellphone messages from the next day were astonishing for a "rape" case. She said things like thank you for last night and also thank you for lending me your T-shirt. I will wash it and send it back to you. That was, of course, when she still expected to get that promised job in Washington. After she did not get the job, suddenly all these rape claims appeared.

To me, it sounded clearly as if the guy had told a lie in order to get laid. Not something unheard of...

-2 ( +2 / -4 )

@WilliB great sleuthing! her cellphone messages from the next day said things like thank you for last night and thank you for lending me your T-shirt. I will wash it and send it back to you. That was, of course, when she still expected to get that promised job in Washington. After she did not get the job, suddenly all these rape claims appeared.

-2 ( +1 / -3 )

For a lady to report rape, it is very tough and a great loss that money cannot cover. this yamaguchi should be shamed and made a good example of men that misuse their power. FLOCKED ON THE TOKYO STREETS WITH STONES AND ROTTEN EGGS. How dare he ???. History is never kind to men that tries to play god.

-2 ( +0 / -2 )

@ daito_hak Dec. 18 02:26 pm JST

Why then he is not being prosecuted?

Because civil and criminal are different parts of law, with different procedural standards. It is a completely different situation between 50-60% and 95-99% probability, so you cannot say the prosecutor necessarily erred just because the civil suit went through.

@girl_in_tokyoToday 07:28 am JST

It is well known that people very often act "normally" after a traumatic event as a coping mechanism.

Perhaps, but because normal actions are normal by definition, you can only say it is at least a negative towards the claim that the rape happened.

You think a woman would be so angry at not getting a job that she would accuse a man of rape, and fight him in court for three years even in the face of public degradation, threats, harassment, shame to her family, shunning from her industry contacts, millions of yen in lawyers' fees, and the total loss of her career.

I openly say I won't dismiss this possibility. Or do you ever want to be convicted based solely on how "determined" the purported victim was in getting you? It's a factor, it's probative, but it is not decisive and should not be seen as one.

-2 ( +0 / -2 )

Is this an OJ Simpson situation ---- not guilty, but guilty? I thought he had been cleared in the case.

-3 ( +4 / -7 )

Joceylin Strob Simard:

But why does this article doesn't even explain how it was discovered that the gril's story was true and the man story false? Each one has his own version but the proofs are not explained enough in my opinion.

It was never "discovered".

-3 ( +0 / -3 )

What was the evidence? Rpe kit? Is it just he said she said? Genuinely curious.

-4 ( +2 / -6 )

Why does she not name the police that were involved with her re-enacting the incident, as well as the police official that called off the arrest?

She came this far and made world headlines as an activist, not naming them only ensures they will further victimize others and allows others to doubt her credibility.

-5 ( +9 / -14 )

But why does this article doesn't even explain how it was discovered that the gril's story was true and the man story false? Each one has his own version but the proofs are not explained enough in my opinion.

-5 ( +1 / -6 )

The lenient sentence and the reluctance of prosecution comes from the fact that she brought the charges 2 years after the alleged rape took place, and it is very difficult to prove such an allegation. I hope this will encourage victims to immediately go to police after an incident, and for the police to swiftly and professionaly take action

-6 ( +1 / -7 )

See? Who says Japan is not progressive?

-7 ( +3 / -10 )

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