crime

Outrage at acquittals in rape cases sparks calls to fix Japanese law

47 Comments
By Linda Sieg

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See this is what I mean, our law system is corrupt, giving rapists a daijobu on your way free pass card, (especially elites).

addditionally celeberities who raped girls get daijobu card, pedos and harassment on the train, dont spend even a day in prison. UN what are you governing really?

13 ( +23 / -10 )

And Abe continues to sit on his hand doing nothing as usual, letting the rich elites a free pass to crimes, fake bow and sayonara

12 ( +22 / -10 )

All rape is bad. And there should be research done on the "freezing up" scenario in order to change the law from a research-based standpoint.

However, if the law is not implemented carefully, it would allow women who were not raped to claim rape against a man in order to get his money, or to hurt his reputation, because the criminal women would exploit loopholes. Then the law would end up punishing innocent men.

It's a very emotional topic, which makes policy decisions very serious so that innocent lives are not damaged by emotional decision making.

-10 ( +11 / -21 )

Law reform is one step in the right dire4ction, but also social attitudes, attitudes to sex and sexuality, male dominant society and lots more will need to change.

16 ( +19 / -3 )

Fix Japanese law? Lol! You’d have to start with fixing the ‘us and them’ society to get rid of all the bureaucrats and celebrities who are above the law.

19 ( +22 / -3 )

This is ridiculous. If she doesn’t resist with every bit of her strength, then it’s consensual?

How about being genuinely afraid of what your attacker might do if you fight back or resist?

With laws like this, it makes perfect sense why they suspect that only 2.8% of sexual assaults are reported. Regardless of how inaccurate that number may be, that is an astonishing amount of horrible people getting away with such a heinous crime.

I can only think that there are many serial rapist our their simply because they feel entitled and that the law won’t stop them.

10 ( +16 / -6 )

The examples here are unbelievable, any judge that couldnt convict a man of the abuse he wreaked on his own child should be tossed in jail himself!

I can not imagine the terror these women went through, and to suggest that there is "doubt" regarding rape based upon the fact the women and children didnt fight back is ludicrous beyond belief!

21 ( +25 / -4 )

Good old Japan! No surprise it ranks 140 or so out of 150 on gender equality and women's rights.

14 ( +20 / -6 )

According to a copy of the verdict seen by Reuters, the court recognized that the sex was non-consensual, that the father had physically and sexually abused the victim when she was younger and that he had used force. But the judges concluded that doubt remained as to whether she had no option other than to submit. The case is under appeal.

I'm afraid this outcome is inetirely consitent with Japanese feeling obliged to follow the rules (law) even if doing so creates an undesirable outcome. I've never had much truck with such block-headed thinking, so I guess I'm in the wrong country.

10 ( +11 / -1 )

It is not just a law problem. It is the atmosphere of the entire society. Japanese ladies have long been traditionally treated as subservient second class citizens. We have not reached to the same level of democracy as is in the west. It is psychologically difficult for shy Japanese raped women stand up and do protest. Yet, strict law will prevent the barbarous crime and improve the situation. I recommend Japan do the same thing as in America. That is to have a law enforcement month or week to remind people about the importance of it. "Women's right month" will be good.

2 ( +5 / -3 )

With the #Metoo movement going on in the west, we have to be sure to find a middle ground that is fair to both the accuser and the accused. I want to see reform but I do not want to see Metoo style witch-hunts here. Especially not with this legal system.

2 ( +10 / -8 )

can not imagine the terror these women went through, and to suggest that there is "doubt" regarding rape based upon the fact the women and children didnt fight back is ludicrous beyond belief!

Yubaru said it all...that these judgments are being handed down in 2019 in a country that loves to call itself " advanced " is beyond belief.

13 ( +16 / -3 )

According to a copy of the verdict seen by Reuters, the court recognized that the sex was non-consensual, that the father had physically and sexually abused the victim when she was younger and that he had used force. But the judges concluded that doubt remained as to whether she had no option other than to submit. The case is under appeal.

What happened here and the verdict makes me feel sick. These judges have no right to be on the bench and should be removed.

13 ( +15 / -2 )

madmanmuntToday 04:29 pm JST

All rape is bad. And there should be research done on the "freezing up" scenario in order to change the law from a research-based standpoint.

However, if the law is not implemented carefully, it would allow women who were not raped to claim rape against a man in order to get his money, or to hurt his reputation, because the criminal women would exploit loopholes. Then the law would end up punishing innocent men.

It's a very emotional topic, which makes policy decisions very serious so that innocent lives are not damaged by emotional decision making.

Good news - there has already been research done on this. It's called "tonic immobility". Go to Google Scholar and do a search for "tonic immobilty and sexual assault" and you'll see that many papers have been written about the phenomena, going back forty years.

That tonic immobility hasn't been accepted in Japan is both anti-science and misogynistic.

5 ( +6 / -1 )

The rape law in Japan is quite simply shocking.

The horrific case about the daughter being raped by her father but unable to prove under law that she could not resist is just awful.

14 ( +14 / -0 )

I think the fact that 60% of women don't even report rape says it all. The legal standard now is that the victim needs to prove that there was no consent, and the new standard seems to move that to the defendant proving that there was consent. This is a huge shift in burden of proof if it happens.

4 ( +5 / -1 )

@Bungle Today 05:00 pm JST

Which is exactly what he should have done - rule in accordance to law and legal logic. Judges that rule based on "feel good" are dangerous.

-7 ( +2 / -9 )

Starting to look like Japan and Saudi Arabia have a lot more in common then I ever imagined.

9 ( +11 / -2 )

A lot of Japanese AV or porn is based upon poorly written scripts of men forcing themselves on women, who eventually start to enjoy it. With the number of men whose sole sex education and experience is watching these films, is it any wonder that it happens so frequently, and that they have the attitude that they do?

10 ( +11 / -1 )

Which is exactly what he should have done - rule in accordance to law and legal logic. Judges that rule based on "feel good" are dangerous.

I never argued that point, Kazuaki, hence straw man. Read this again (my emboldening):

One such ruling came in March, when a court in Nagoya acquitted a father accused of raping his 19-year-old daughter.

According to a copy of the verdict seen by Reuters, the court recognized that the sex was non-consensual, that the father had physically and sexually abused the victim when she was younger and that he had used force. But the judges concluded that doubt remained as to whether she had no option other than to submit. The case is under appeal.

This young woman has suffered a catalogue of abuse at the hands of her father, and yet he excapes conviction on a technicality.

Anyone who is okay with this is a moral coward.

12 ( +12 / -0 )

One such ruling came in March, when a court in Nagoya acquitted a father accused of raping his 19-year-old daughter

Okay, I thought that was just an AV plot, but apparently it is a case of life influencing "art".

-2 ( +2 / -4 )

Japanese women are part of the problem too. When have you ever seen, in Japan, a massive rally / protest by women calling for more equality and stricter laws regarding rape? Women in Japan need to treat this as their problem too.... not just a problem for the victims.... someday they or someone the know and love may become a victim too.

-2 ( +5 / -7 )

This is actually a very good reflection on how Japanese women are treated in this society. Women are second class citizens, just above foreigners in Japan.

7 ( +8 / -1 )

@Bungle Today 06:08 pm JST

I read it the first time, Bungle, and also a more detailed view here:

https://www.japantimes.co.jp/opinion/2019/05/18/editorials/not-guilty-rulings-sex-crimes/#.XP936VwzaUk

and I also remember some of the article at the time the judgment came out:

What seems to have happened (not having read the verdict proper) is that no violence or intimidation actually happened in the Act that was actually on trial. He had previously used force elsewhere, but not this time (Key Point). Thus, the definition of Article 177 was not met in the trialed case, since it required him to use (用いて) force or intimidation. So we shift to Article 178, and this requires the establishment of that 抗拒不能 state, which was incompletely established. The judge did the principled thing and acquitted.

-5 ( +1 / -6 )

Japanese women are part of the problem too.

No they are not. The rapists are the problem. The lawmakers are the problem. The police are the problem. The knee-jerk deniers are the problem. The people who make the women who have been raped afraid of reporting the man who raped them - they are the problem. The people who support the rapists and downplay the rape are the problem.

Women in Japan need to treat this as their problem too.... not just a problem for the victims.... someday they or someone the know and love may become a victim too.

To paraphrase the above, rape is something that happens to women, so women should be more responsible.

Let me fix that for you.

Rape is something that men do, so men should treat this as their problem too, because someday they or someone they know and love may become a rapist.

11 ( +14 / -3 )

What seems to have happened

Face it chum. Your laws are archaic and downright barbaric. But not to worry. The young generation is even more assertive than the old. If you think your crass shilling for abuse will always fly, guess again.

1 ( +3 / -2 )

The the biggest purpose of the law is not to make the criminals better people or to avenge the victims in my opinion. It is not to let it happen again. Castrate them!

3 ( +3 / -0 )

I wonder then if Noriyuki Yamaguchi's case will be reevaluated. This creep clearly raped the woman, but because of his ties with Abe, the matter was hushed up and he got away with it, proving that it isn't what you know, but who you know:

The case drew wide public attention partly because Yamaguchi was a high-profile journalist known for his close ties with Prime Minister Shinzo Abe. He has written two books on the inner workings of the Abe administration.

https://www.japantimes.co.jp/news/2017/09/22/national/crime-legal/journalists-appeal-2016-rape-case-decision-rejected-inquest-panel/#.XP-SXy2B3UI

3 ( +4 / -1 )

@presto345 These judges have no right to be on the bench and should be removed.

Absolutely! I am glad you said this.

3 ( +3 / -0 )

Kazuaki Shimazaki

the definition of Article 177 was not met in the trialed case, since it required him to use (用いて) force or intimidation. So we shift to Article 178, and this requires the establishment of that 抗拒不能 state, which was incompletely established. The judge did the principled thing and acquitted.

Hence the movement to reform that legal standard. Just because it's 'law' doesn't make it just.

6 ( +7 / -1 )

There have also been cases, where a man was sexually assaulted by a woman sometimes with the help of others.  In any case the law and security systems should protect both regardless of gender.

-2 ( +1 / -3 )

A lot of Japanese AV or porn is based upon poorly written scripts of men forcing themselves on women, who eventually start to enjoy it. With the number of men whose sole sex education and experience is watching these films, is it any wonder that it happens so frequently, and that they have the attitude that they do?

Even their culture of ropes and bondage to women says a lot in itself. Lacking much chivalry and manners to women to say the least.

But strangely, I remember most of the women not liking being treated with respect, almost being shocked like deers in headlights by it at times when I was there. Or maybe they much rather wanted their men to be that way as opposed to an outside American.

1 ( +2 / -1 )

Unfortunately perversions and sexual evil runs rampant their. It is in their pop-culture bands and mindset, sadly. It is what runs the kyabakura/ AKB48 culture and grooms their women. The day you see one of those beauties with their arms around someone like mine is the day that crap came to an end, or a brighter future. But as of now,..oil and water.

3 ( +4 / -1 )

" I can not imagine the terror these women went through, and to suggest that there is "doubt" regarding rape based upon the fact the women and children didnt fight back is ludicrous beyond belief!"

But the US and Europe have similar laws.

-7 ( +0 / -7 )

Japanese laws are jokes. There is no justice at all.

5 ( +5 / -0 )

Let me fix that for you.

Rape is something that men do, so men should treat this as their problem too, because someday they or someone they know and love may become a rapist.

Maria, while the vast majority of rapes are surely done by men, rape is not a crime committed only by men.

4 ( +6 / -2 )

alwaysspeakingwisdomToday 10:25 pm JST

"The rape law in Japan is quite simply shocking."

But the US and Europe have similar laws.

You are mistaken. Whether there was consent, not whether there was violence, is evidence of rape in the US and EU. But you are right that rape laws in countries around the world are shockingly poor.

6 ( +6 / -0 )

"We must cautiously consider the impact of completely removing the requirement (to prove) violence or intimidation,"

Subtext/Reading the air: We will do nothing. Change? Not a chance. Shoganai.

0 ( +0 / -0 )

Well, before 2017 a simple "no", or crying wasn't enough to prove a rape in Germany, either. There needed to be some physical force involved, and the woman needed to fight back, or it would hardly be treated as rape. That law was changed only after 2017. Now a simple "no" is enough to show your disagreement to sexual intercourse. And it wasn't until 1997 that raping your wife became illegal in Germany. So much for the modern, emancipated western world.

4 ( +4 / -0 )

Wanderlust is absolutely spot on. So much of that AV is geared towards forced / coerced intercourse. And ‘the virgins till 30’ merely learn about sex that way or pervy manga. Very sad state of affairs for a nation that considers itself ‘ oh so honorable’

I must say though,,your title name is very apt regarding your comment.. Lol

3 ( +4 / -1 )

One hopes that this sort of thing is the exception, rather than the rule, in trial outcomes.

0 ( +0 / -0 )

With the number of men whose sole sex education and experience is watching these films, is it any wonder that it happens so frequently, and that they have the attitude that they do?

Only said by someone who is ignorant of reality and wants to believe or rationalize why SOME men here rape women. Dont blame the education system for not having sex education!

You are wrong!

https://www.med.or.jp/english/journal/pdf/2011_03/155_160.pdf

2 ( +2 / -0 )

With the number of men whose sole sex education and experience is watching these films, is it any wonder that it happens so frequently, and that they have the attitude that they do?

BLAME the education system for not teaching equality between sexes, communication skills, people skills,etc etc etc.

More importantly blame society for not treating women, and issues like this as being something that EVERYONE needs to look in a mirror and deal with.

Rape isnt about sex, it's about power, same with bullying, and abuse, being able to feel in control of another person, it's a mental health issue!

So...education IS the key, but not sex education!

7 ( +7 / -0 )

My personal friend was raped twice when she was younger and underage. Both times the perpetrator got away free. She still suffers severe psychologic episodes now due to this.

Rapes are far to common in Japan, and worse almost never punished for.

Sadly, Japanese government will be incapable of fixing this or would they want to. After all the oyajis will never find themselves raped so they don’t care.

3 ( +5 / -2 )

Bugle Boy of Company BJune 11  11:04 pm JST

Maria, while the vast majority of rapes are surely done by men, rape is not a crime committed onlyby men.

What's your point?

1 ( +1 / -0 )

@RiskyMosaicJune 11 09:04 pm JST

Hence the movement to reform that legal standard. Just because it's 'law' doesn't make it just.

In the abstract, I agree. My main point those 2 previous posts concern the correctness of the verdict as a judicial act. Judges should rule according to the law. If the law is unsettled on a point and discretionary area remains despite using all the standard interpretation and jurisprudence methods to narrow down the range of solutions, he can use his conscience, but that comes after the law.

-1 ( +0 / -1 )

Legislators revised Japan's century-old rape law in 2017 to include harsher penalties and other changes. The reforms, however, left intact controversial requirements that prosecutors must prove that violence or intimidation was involved or that the victim was "incapable of resistance."

I can see the logic behind the legislation, Japan doesn't need to follow the West where women will have consensual sex the night before regret their actions the next day and claim rape.

-1 ( +1 / -2 )

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