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Symbol of Japan #MeToo movement again awarded damages in rape case

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Or “Symbol of Japan #MeToo movement ordered to pay damages over unfounded drugging allegation”

The high court ruled in his favor over the drugging allegation, ordering Ito to pay him 550,000 yen.

-5 ( +9 / -14 )

Noriyuki Yamaguchi, a 55-year-old former Washington bureau chief of Tokyo Broadcasting System Television Inc., had sexual intercourse without her consent in 2015

Why not call it what it is, rape? Noriyuki raped her.

Ito, 32, had sought 11 million yen in damages, saying she was raped at a hotel while unconscious following a dinner in Tokyo with Yamaguchi,

22 ( +30 / -8 )

Would it not simply be easier to NOT have sex with someone currently unconscious? Would that be something that we as a species could hold ourselves to as a standard of decency? Something to strive for to elevate us over the other animals on the planet?

Is it actually too much to ask?

15 ( +22 / -7 )

hmm..then what were they doing in the hotel room?

Possible he “helped” an intoxicated person to his room when she became intoxicated at dinner.

20 ( +27 / -7 )

Why not call it what it is, rape?

Exactly. An intoxicated partner can’t give consent.

18 ( +24 / -6 )

In Japan we call it the #Mewtoo movement

-18 ( +6 / -24 )

People usually don't "get intoxicated" when they have a business meeting, 

Being drugged is not intoxication?

13 ( +21 / -8 )

You’re correct that that isn’t usual.

3 ( +6 / -3 )

People usually don't "get intoxicated" when they have a business meeting, especially not when "there was no intimate interaction between the two that could lead to sexual intercourse".

And I'd hazard a guess that one doesn't normally force themselves on others as they sleep or unconscious.

8 ( +14 / -6 )

And? It’s still possible. It’s highly likely that he “helped” her to his room or to her room when she was intoxicated. What you think is not usual is irrelevant.

1 ( +9 / -8 )

Considering the variables and the unusual circumstances that led to that encounter, it is also possible that she's lying, you know. Like she thought by sleeping with him she'd get a favorable treatment. I guess then things didn't go her way.

The court disagrees.

Also, this is Japan, where people often drink and get intoxicated during dinners related to business activities. That is actually not unusual at all.

12 ( +17 / -5 )

What this Kyodo story entirely fails to mention is that an arrest warrant was issued for Yamaguchi but was pulled by one Itaru Nakamura, the acting chief of the Tokyo Metropolitan Police Department Investigative Division at the time:

"Itaru Nakamura is a more important figure than his title as an acting police chief might suggest. He is also a former political secretary to Cabinet Minister Yoshihide Suga and a friend of Prime Minister Shinzo Abe. He immediately moved the investigation from the original police department, Takanawa PD, to the police headquarters so that it was under his control.

The prosecutor who had signed off on the arrest warrant was taken off the case. The new detectives handling it drove Shiori Ito to a lawyer to convince her to make a settlement with the accused and drop charges, a highly unusual move."

http://www.japansubculture.com/shioris-full-statement-on-her-ordeal/

Where is Itaru Nakamura now? Why, he's only the head of the NPA, in other words Japan's top copper. He was given the job by Suga last year.

Imagine being able to avoid criminal prosecution for rape because the Prime Minister is your friend. Imagine becoming head of the police for facilitating that, and because the old and new Prime Ministers are your friends.

36 ( +45 / -9 )

Those in the comments accusing her of lying should read up on the actual details of the case. A taxi driver testified that Ito appeared to be severely intoxicated but asked to be dropped off at her home before passing out in the cab. Yamaguchi then told the driver to take them both to his hotel, where he basically dragged her out of the cab. There was also security camera footage showing Yamaguchi dragging the incapacitated Ito to his hotel room. The problem is that Japanese law only recognizes "rape" if the victim physically resists. Obviously an unconscious person cannot do that, so in that case it is considered a different crime, "sexual intercourse without consent."

27 ( +32 / -5 )

Yamaguchi's close ties with then Prime Minister Shinzo Abe, about whom he has written a best-seller, might have discouraged prosecutors from pursuing the case.

Nuff said. Friends in high places again. Abe again.

12 ( +20 / -8 )

That's simply what she's saying, it isn't a fact.

Lmao that's not what the court found. Soo, there's that.

7 ( +13 / -6 )

It is called being critical rather than blaming the victim. Both sides are claiming different things with no proofs. There is no reason to believe one side over the other merely based on their reproductive organs.

If you read the article conveniently attached to the headline you’ll see 2 court decisions in favour of Ms. Ito.

The final paragraph may also hold some relevance.

6 ( +12 / -6 )

Presiding Judge Takao Nakayama said they only became acquainted through work, and "there was no intimate interaction between the two that could lead to sexual intercourse."

You don't need "intimate interaction" to initiate sex or commit rape. Japan needs to get serious about sexual crimes - an intoxicated individual cannot consent to sex. It doesn't matter what state the victim is in - if they are unconscious; if they say no but the perp still continues, it's rape.

4 ( +9 / -5 )

So wish we had a concept of “offsetting penalties” in the legal system. Ito and Yamaguchi both made mistakes, and the judicial system has most definitely not done their job here.

-2 ( +3 / -5 )

@Alfie Noakes

What this Kyodo story entirely fails to mention is that an arrest warrant was issued for Yamaguchi but was pulled by one Itaru Nakamura, the acting chief of the Tokyo Metropolitan Police Department Investigative Division at the time:

"Itaru Nakamura is a more important figure than his title as an acting police chief might suggest. He is also a former political secretary to Cabinet Minister Yoshihide Suga and a friend of Prime Minister Shinzo Abe. He immediately moved the investigation from the original police department, Takanawa PD, to the police headquarters so that it was under his control.

The prosecutor who had signed off on the arrest warrant was taken off the case. The new detectives handling it drove Shiori Ito to a lawyer to convince her to make a settlement with the accused and drop charges, a highly unusual move."

http://www.japansubculture.com/shioris-full-statement-on-her-ordeal/

Where is Itaru Nakamura now? Why, he's only the head of the NPA, in other words Japan's top copper. He was given the job by Suga last year.

Imagine being able to avoid criminal prosecution for rape because the Prime Minister is your friend. Imagine becoming head of the police for facilitating that, and because the old and new Prime Ministers are your friends.

What is missing is that while we know what happened to those who pulled the plug on the investigation (i.e. a juicy promotion), we do not know what happened to those who were going for investigation and prosecution: transfer to a village with no courtroom for the prosecutor or koban duty for the detectives maybe, who knows? I wouldn't even be surprised as this is a blatant case of I scratch your back, you scratch mine with everybody in bed with everybody offering/requiring "services". Remember the Kurokawa prosecutor issue (also under Abe).

No need to go into details about Ito (the victime) suing for 11 Mio and being countersued by the accused for a whopping 130 Mio! This takes the joke to a whole new level!

On a side-note and on a very similar case:

https://www.animenewsnetwork.com/news/2022-01-24/photographer-arrested-in-japan-for-allegedly-drugging-assaulting-6-cosplayers/.181831

...I wonder who this guy will fare in front of a court? I doubt Abe is into Anime and Manga (though Aso may well be). As such, I wouldn't be surprised if the guy ends up being much less lucky than Yamaguchi.

3 ( +5 / -2 )

I defy anyone to watch her bbc documentary and not support her claims. She’s fighting for a better, safer world for all girls/women in japan and she should be commended and supported by all. Gambate Ito san..

9 ( +14 / -5 )

women being assaulted and/or abused is certain posters will go straight to victim blaming.

And unsurprisingly it's many of the "my freedom" over' everyone else's" posting their "bullying is fine as long as it's someone else being bullied" screeds, while pushing a pro-authoritarian agenda, and supporting political conmen saying "grab 'em wherever you want to'.

2 ( +8 / -6 )

Despite widespread support for her, abusive and derogatory remarks are still rampant on the internet, with some posts accusing her of having tried to "sleep her way up." Ito denies those allegations and has filed lawsuits against some of the people who posted such comments.

She definitely gets my support ! send a message to those rapists out there who thinks they can get their way with their victims!

3 ( +8 / -5 )

Excuse me?

The penalty for drugging and raping a woman is a fine?

Did I miss something here?

2 ( +7 / -5 )

Senior position does not always equate to privilege. Opportunistic predator who can't face the music. No doubt crawled to his influential mates arguing "she led me on." And he attracts sympathy from the stereotype, Japanese macho men - who would have thought?

1 ( +4 / -3 )

Yamaguchi countersued, seeking damages of 130 million yen on the grounds that there is no truth to her allegations, including that he slipped her a drug to make her unconscious. The high court ruled in his favor over the drugging allegation, ordering Ito to pay him 550,000 yen.

This part of the decision is pretty messed up if you think about it just for a second.

What the court found was that yes, he in fact did rape her. BUT despite the fact that he did indeed rape her it is nonetheless going to order her to pay him money because she was mistaken in one detail of her (otherwise completely true) allegation of rape.

5 ( +8 / -3 )

"Ito has said she believes Yamaguchi's close ties with then Prime Minister Shinzo Abe, about whom he has written a best-seller, might have discouraged prosecutors from pursuing the case."

In Japan's political rice paddy, there are some nasty vipers lurking. One of the worst is Shinzo Abe.

7 ( +9 / -2 )

People usually don't "get intoxicated" when they have a business meeting, especially not when "there was no intimate interaction between the two that could lead to sexual intercourse".

You dont know much about Japan do you?

7 ( +7 / -0 )

People usually don't "get intoxicated" when they have a business meeting, especially not when "there was no intimate interaction between the two that could lead to sexual intercourse"

Every Japanese dinner meeting I ever had ended up worse than any high school house party, half the group left behind on the asphalt as we went from 二次会 to 三次会

-1 ( +1 / -2 )

Paying damages is ok, but how about jail time? What is the message from the judge to ordinary rapists in this country?

-1 ( +1 / -2 )

What a true hero she is.

If there is a such a thing as karma those three men and especially Abe have got a whole world of trouble heading their way.

3 ( +5 / -2 )

At least he was "murdered socially"

That's progress in Japan.

Otherwise, a 3 million yen fine for rape?? That's just an expensive prostitute.

0 ( +2 / -2 )

She is actually a very valid symbol of the MeToo movement in Japan, a nation that ranks near dead-last in gender equality, and very poorly on human rights -- the judge ordered her to pay her rapist, and he has seen NO punishment outside of being able to sell books, be buddies with Abe (also always let off the hooks for potential crimes), and being able to appeal any order himself to pay damages. The man should be locked up and chemically castrated.

0 ( +3 / -3 )

The apologists for a rapist, should examine the actual facts. And consider not only the facts, but they are essentially besmirching the reputation of a woman who was raped by a very powerful individual, who was able to manipulate the legal system to his benefit with the assistance of powerful individuals, including both the former and then current Prime Ministers. To call it corrupt isn't even close.

Prior to passing out in a shared cab, Ito had requested to be taken to her home. After Ito passed out, Yamaguchi, instructed the driver to take the unconscious Ito to his hotel. Where he consequently raped her in his hotel room, while she was unconscious.

Once charged, Yamaguchi used his connections in high places - the head of the police and intimate associations with Suga and Abe to de-rail the investigation. The arrest warrant was pulled. The case was shunted to police headquarters. New detectives assigned.

2 ( +4 / -2 )

This isn't in the article though. If that's the case then i was wrong.

Its not other people’s job to do your research for you. Maybe you should have dug a little deeper before concluding it was hearsay based on nothing but unsupported accusations. You don’t get to go “It’s he-said, she-said” simply because you’re too lazy to track down the facts yourself.

The problem is that Japanese law only recognizes "rape" if the victim physically resists. Obviously an unconscious person cannot do that, so in that case it is considered a different crime, "sexual intercourse without consent."

This shows just how fossilized the Japanese legal system can be. It reminds me of the outcome of the infamous ‘wolf pack’ case in Spain, where a group of men drugged a woman and spent 19 hours raping her while she was in conscious and they got off with less than 10 years because rape required resistance

0 ( +2 / -2 )

In Japan, if he had impregnated her, she would need his consent to get an abortion So he can have his cake and eat it too while she is bashed and ridiculed by all the naysayers on the Internet

-1 ( +1 / -2 )

Good to see that this is now being referred to as a Rape case . . . . . not the slimy term "forced sexual intercourse"

Japan has a long way to go if it keeps hiding behind gentler PC phrases when dealing with tough issues. It tries to dimish the severity of the perpetrators actions.

-1 ( +1 / -2 )

Good for her. She has my full support.

0 ( +2 / -2 )

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