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New bill will block convicted sex offenders from jobs involving children

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39 Comments
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You mean that wasn’t already a thing?!!

-4 ( +11 / -15 )

Another law 30 years late with no teeth

-1 ( +13 / -14 )

background checks dating back 20 years

20 years back?

As in, when the law should’ve already been in place?

-3 ( +9 / -12 )

Very very late!

3 ( +11 / -8 )

I heard the whale ships are hiring

-6 ( +9 / -15 )

to refer job candidates...

So only new hires?

If the agency confirms the jobseeker was handed a prison sentence for a sexual offense in the last 20 years, or a fine in the past 10 years..

So only those convicted in court? More that half of sexual assault arrests DO NOT go to court. They are settled between the victim and the offender in a deal brokered by a lawyer with the prosecutors blessing.

12 ( +14 / -2 )

While the requirement for conviction and incarceration sounds lax. the alternative would be to restrict those who have simply been charged. Which poses a problem because there are also many cases of false accusations designed to shake down the victim.

7 ( +8 / -1 )

Will that include all the Strip and Night Clubs staffs? If that is the case then we wont have any people applying for the job to take care of our children

-15 ( +3 / -18 )

Again Better Late Than Never I Guess!!

-6 ( +10 / -16 )

That rule did not exist before?

1 ( +5 / -4 )

I dont see how anyone could possibly argue against this

12 ( +12 / -0 )

Okay good. Now that's one less thing to worry about when it's time for me to bring up a child. At least we are getting on track.

6 ( +6 / -0 )

So only those convicted in court? More that half of sexual assault arrests DO NOT go to court. They are settled between the victim and the offender in a deal brokered by a lawyer with the prosecutors blessing.

There is no realistic alternative, if an accusation was enough it would be too easy to make an innocent person a registered sex offender. Then again this can also act as a deterrent for deals, victims will have to consider now that not going to court means the offender will have no problem working with children.

If the agency confirms the jobseeker was handed a prison sentence for a sexual offense in the last 20 years, or a fine in the past 10 years, it will notify the individual and give them the option of declining the job offer.

I hope that this attempt will at least be recorded and the agency take further steps. One thing is to support the right of people to rehabilitate, another completely different is to ignore a registered sex offender when it is trying to work with children.

1 ( +2 / -1 )

You would think that employers would check thoroughly regardless of it being required by law or not

5 ( +5 / -0 )

similar to the british government's disclosure and barring service

the dbs system is well-established in the uk. i have a dbs certificate myself and try to update it every year.

the more people get used to it, the better it works!!

3 ( +3 / -0 )

Mr Kipling Today  08:07 am JST

to refer job candidates...

So only new hires?

If the agency confirms the jobseeker was handed a prison sentence for a sexual offense in the last 20 years, or a fine in the past 10 years..

So only those convicted in court? More that half of sexual assault arrests DO NOT go to court. They are settled between the victim and the offender in a deal brokered by a lawyer with the prosecutors blessing.

I hear what you're saying -- but despite these inadequacies, this new bill is a big step in the right direction.

As for the comments on here pointing out that this is "late" and should've been done a long time ago, I totally understand that too.

But we can't go back and change that, as much as we want to. As the old saying goes, better late than never.

2 ( +3 / -1 )

Japan ceases to amaze.

-5 ( +2 / -7 )

late but still better than...never

-4 ( +3 / -7 )

A bill that shoud have been passed 30 yrs ago, mind you, this has Not been passed yet, so more waiting whilst many children may suffer, but hey, that means nothing to the wonderful leaders of the LDP.

-1 ( +3 / -4 )

Crazy that cram school and afterschool programs are only voluntary sign ups to this given the last year, all the scandals with this stuff have been there

3 ( +3 / -0 )

Virusex....

There is no realistic alternative, if an accusation was enough it would be too easy to make an innocent person a registered sex offender.

I understand your concern about accusations and agree with you. However, the cases I am referring to are not merely accusations. The victim and offender come to an agreement and the case is not prosecuted. If there is no agreement, the case would be prosecuted and as we know all too well, guilt would be found. There are offenders out in public with multiple cases never going to court, never found guilty and never appearing on the proposed scheme. But it is a start.

0 ( +1 / -1 )

However, the cases I am referring to are not merely accusations. 

It does not matter, you are arguing for the inclusion of people that were not found guilty, that means anybody that was just accused would have to be included, that is the whole point of the agreements, to avoid going to trial in the same way as people that were accused without merit. Either you include in the registry anybody that was accused (whether it went to court or not) or you include only those that were found guilty. It should be obvious the first option would make abuse of the system rampant, so the only realistic option is the second.

Crazy that cram school and afterschool programs are only voluntary sign ups to this given the last year, all the scandals with this stuff have been there

Any parent that is careful will ask about this in the first opportunity they have, and it would be natural to find this in the promotional materials of the schools and programs. As long as there is any kind of meaningful competition between schools this will become a de facto requirement.

0 ( +1 / -1 )

How will it work with overseas workers, it’s well known that dispatch companies are fairly lax on who they bring in-are these people being checked for criminal records in their own countries?

1 ( +1 / -0 )

virusex...

It does not matter, you are arguing for the inclusion of people that were not found guilty,

No I am not, I'm just pointing out that this scheme will miss up to half the offenders it is supposed to highlight as problematic. There is a difference between the prosecutor looking at the evidence and not proceeding and the prosecutor saying there is a case to answer but the lawyers negotiating a settlement. The end result is the same ... No case, no criminal record.

I understand that to include those who have not been through full proceedings and found guilty would be legally problematic at least.

I have personal experience from years ago, 100% guilty of assault, arrested, in front of prosecutor, paid some cash to "victim", said sorry, ( I wasn't) and all was good. No court, no record.. If there was a scheme for preventing potential hooligans I would sail through along with countless others. But as I said, its at least a start.

-2 ( +0 / -2 )

100% guilty of assault, arrested, in front of prosecutor, paid some cash...no court, no (criminal) record

disclosure: "something that was not previously known, or the act of giving such information to the public"

in the uk, the level of disclosure depends on the circumstances, so your situation is the kind of thing that is recorded...

for the dbs check to disclose!!

0 ( +0 / -0 )

A step in the right direction to halt the rampant abuse in these places. Smartphones and cameras also to be banned for staff and pupils.

-6 ( +0 / -6 )

No I am not, I'm just pointing out that this scheme will miss up to half the offenders it is supposed to highlight as problematic

But give as a solution something much worse and prone to be abused, which is exactly why it is not a solution and completely unrealistic to expect it to be even considered.

There is a difference between the prosecutor looking at the evidence and not proceeding and the prosecutor saying there is a case to answer but the lawyers negotiating a settlement. The end result is the same ... No case, no criminal record.

For the purpose of deciding if someone is included or not in a registry of offenders there is no difference, zero. Negotiating a settlement means there is no case, no criminal record and therefore no justification to consider the accused guilty by default (which is what you suggest should be done).

I understand that to include those who have not been through full proceedings and found guilty would be legally problematic at least.

It would be legally impossible, and more importantly ethically unacceptable, because what you suggest is to punish a person that has not been found guilty of anything. What you are trying to do is to pretend a huge problem (to determine if someone committed a crime) can magically be ignored because you can't solve it because of settlements. That is not rational, ethical nor fair.

You can argue as much as you want that settlements or deals should not be allowed, or that sexual crimes should be prosecuted even if the victim don't want to go to a trial (which has a lot of problems on their own) but you can't argue that the accused should be guilty by default without any trial.

-1 ( +0 / -1 )

Why is the article using phrases such as "nonconsensual sex" and "nonconsensual photography"? Call it what it is: rape and *exploitative / revenge porn".

Cram schools and afterschool clubs can voluntarily sign up to the program. By participating, they will receive official certification that can be used in marketing materials.

Why is the program voluntary? Any organisation or institute involving children should be told that signing up for the program is mandatory.

If the agency confirms the jobseeker was handed a prison sentence for a sexual offense in the last 20 years, or a fine in the past 10 years, it will notify the individual and give them the option of declining the job offer.

If the individual chooses not to decline the offer, the agency will inform the prospective employer of the outcome of the background check.

Why is this bill giving sex offenders the option to decline the job offer? If they have a record, it should be an immediate no. What kind of toothless, spineless bill did the Japanese government just cook up?

-1 ( +0 / -1 )

virusex...

It would be legally impossible, and more importantly ethically unacceptable,

Yes, I said so.

You can argue as much as you want that settlements or deals should not be allowed, or that sexual crimes should be prosecuted even if the victim don't want to go to a trial (which has a lot of problems on their own) but you can't argue that the accused should be guilty by default without any trial.

I wasn't, I was trying to point out that Japan's legal system makes this new system a lot less effective than for example the UK system. But again, better than nothing, just.

-3 ( +0 / -3 )

Still too little and waaaay too late!

what a parcel of rogues in a nation!

0 ( +0 / -0 )

Question: Background checks. What can be done other than check a person's violations or arrests? Some people here seem to do more than that. What else is there? "He looks pretty suspicious. No job." "My cousin said he doesn't trust that guy." A background check can only find evidence of prior abuse or crimes or the possibility of.

2 ( +2 / -0 )

Gene

Random checks of devices written into contracts, failure to comply results in instant dismissal

-5 ( +0 / -5 )

So only those convicted in court? More that half of sexual assault arrests DO NOT go to court. They are settled between the victim and the offender in a deal brokered by a lawyer with the prosecutors blessing.

Do you think people should be barred from a job based on accusations?

1 ( +2 / -1 )

Japan ceases to amaze.

Do you think this is a bad idea? Or...?

1 ( +2 / -1 )

@purple_depressed_baconMay 24 05:10 pm JST

Why is the program voluntary? Any organisation or institute involving children should be told that signing up for the program is mandatory.

Because as it is, this kind of de facto punishment after sentence is highly legally and morally problematic.

It's only Westerners that see the word Kids and think that the hard won legal improvements can be compromised.

Thus, this is to maintain at least a pretense that it is private players using their own right to employ or not employ, rather than the State forcing the issue.

Why is this bill giving sex offenders the option to decline the job offer? If they have a record, it should be an immediate no. What kind of toothless, spineless bill did the Japanese government just cook up?

Same reason as above: To maintain at least a pretense that it is not The State depriving rights from someone who has already served his sentence.

-1 ( +1 / -2 )

GREAT!!! But way too late... But, we are talking about Japan here where change is slow in the coming... Still, a national registry for all sex offenders is needed!!

In the Philippines anyone even applying for a job at the mall must get a police clearance. Maybe a good idea here too, or anyplace including the USA!!

No Clearance NO JOB!!

just a thought...

-2 ( +1 / -3 )

Mini kindergartens and daycare centers are now hiring foreigners for English programs. Are they going to be doing a background check on them as well? There could be perverted foreigners here as well.

-3 ( +1 / -4 )

Are they going to be doing a background check on them as well? There could be perverted foreigners here as well

The JET programme requires national security backgrounds (eg FBI background check for the US applicants) before they can be considered for acceptance.

1 ( +1 / -0 )

How many foreigners have been arrested for sexual assaults against children? The stories I read always involve Japanese men, often in positions of trust.

1 ( +2 / -1 )

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