politics

Councilwoman says her ouster shows gender bias in politics

115 Comments
By MARI YAMAGUCHI

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Society has a process for these things, go to the police.

And you know that she didnt go? Please provide links to support your assumption, so everyone can read it instead of hearing it and assuming it's true.

She'll have her day in court.

21 ( +34 / -13 )

Arai lost her seat in the referendum by a vote of 2,542 to 208.

"Kusatsu is a small town, and they can easily figure out who signed the petition or voted (in the referendum). It's like everyone is being watched," she said.

Kudos to her for the courage to stand against the establishment, if there is truth to her accusation.

22 ( +29 / -7 )

Society has a process for these things, go to the police.

Arai said she initially thought of keeping the alleged sexual assault to herself, thinking police in the town were connected to the mayor and wouldn't handle her case.

And she would most likely be correct.

Kuroiwa should have told her to file the complaint not have her driven out of the assembly. like you said society has a process for these things, go to the police.

23 ( +29 / -6 )

It's a messy situation in a small town, police action, well the police are not the best at investigation particularly rape cases, more likely to be asked to reenact the situation with a police officer filming it on his camera. And the victim blaming! Well if and if the police were trained and capable that would soon become apparent. To top it off the Mayor got her voted out? With no investigation from authorities? So that says a lot about justice in Japan.

22 ( +28 / -6 )

I would have thought just the handful of women in politics showed the gender bias.

13 ( +17 / -4 )

He forced her to have sex and she didn't run to the police? She puts it in a book years later? Just because you agreed to have sex, doesn't mean it's an assault later after you've learned to regret it.

-5 ( +20 / -25 )

The case is not really about gender issues or discrimination although media outlets like to make up a narrative in that way (even like to label Japan as a chauvinist nation). The problem has more to do with sloppy procedures done by both sides over the allegation. Ms Arai should have reported to the police instead of publishing the story while Mayor Kuroiwa should have awaited an inquiry by the authorities, or have filed libel lawsuit, prior to attempts to remove her from the assembly.

7 ( +11 / -4 )

Most of the assemblymen are owners of hot spring hotels and other businesses and employ many town residents, she said.

These are the same people receiving the lion's share of that sweet GoTo subsidy money from the working public's taxes.

14 ( +14 / -0 )

We were planning to visit that area but now we will only go if the Mayor is ousted and Arai san is reinstated. Shoko Arai should file a criminal complaint against the mayor. Japanese male politicians need to grow up and become educated about racial and gender equality.

11 ( +16 / -5 )

She’s willing to tell her story in a online book (for money) but unwilling to file a complaint with the police.

Good point. Surely aledged sexual assault is matter for the police.

Perhaps, she feels that this would do no goodbecause at this point in time Japans police and judiciary are a complete dysfunctional mess.

12 ( +14 / -2 )

It is crucial to understand the psychology of female aggression.

With respect, Mayor Nobutada Kuroiwa,  prating fool, to encroach professional life and then enrich of one's personal pleasures.

Mayor Nobutada Kuroiwa needs to take reasonability for his actions and resign.

If this fiasco ever ends up in court Nobutada will have his reputation thrown under a tram.

1 ( +6 / -5 )

Keep fighting Arai San. It takes another century.... if you'relucky

0 ( +4 / -4 )

That is her mistake. After the alleged rape incident, there was a semen right? that is the proof. Now there is no evidence or 3rd party witness or cctv. Only if the mayor will confess willingly which is unlikely.

-8 ( +2 / -10 )

Glad to see the town of Kusatsu is still making international headlines over this.

What she did is basically cyberbullying, she spread rumors about him on the internet without evidence.

So let me get this straight. The victim of a crime talking about being the victim of a crime on the internet is cyberbullying now?

7 ( +13 / -6 )

Had the pathetic sweaty Mayor Nobutada Kuroiwa kept his trousers on, instead of behaving, thus courting accusations of degeneracy, would not have left himself open to criminal vitiation

-2 ( +4 / -6 )

But ning BushToday  07:56 am JST

The fact that the lost in the referendum shows that even the women in the town don't believe her story

You are right.

And in Japan, many do also vote thinking about what will serve best their interests. That is why the LDP has been for so long the governing party.

In that case, I do not know the details and would also guess the locals , whatever the story is true or not, do not much like her and believe the actual mayor will better serve the city interests and their own interests . I am quite sure some will have anger toward her for publicly exposing the city in a bad way. Some theories, but, who knows

1 ( +2 / -1 )

Burning BushToday 09:19 am JST

The above is cyberbullying.

You are making a crude and demeaning accusation about a person online without any evidence whatsoever.

You're spreading false, slanderous and hurtful rumors.

It is not cyberbullying to publicly make an accusation of a crime.

I think we discussed this after the original article came out, but it bears repeating:

Witness statements are evidence.

If someone says "that man stabbed me" their statement is accepted as evidence that this man is the one who omitted the crime. But for some reason, when a woman says "that man raped me" people feel free to dismiss her witness statement as ... not evidence.

Of course, a witness statement is not enough evidence in and of itself to convict a person of a crime. There must be corroborating evidence shown in trial.

However, a witness statement IS enough to prompt an investigation - which in this case, didn't even happen.

If people really cared about the truth, then they should be open to an investigation. Instead, we have multiple men here all defending the mayor, calling the woman a liar, and contending that there is "no evidence" when clearly, there is evidence - a witness statement in itself IS evidence.

3 ( +13 / -10 )

It's the foreign journos who are letting her speak here. I doubt the local or national Japanese press will be giving her a platform. Kudos to the FCCJ for doing this, but it does not reflect the interest in the story in Japan as a whole.

The way forward here is for the police to take sexual violence much more seriously and handle it with much more delicacy. As things stand, it's hard to blame a woman for not going to them.

5 ( +6 / -1 )

If people really cared about the truth, then they should be open to an investigation. Instead, we have multiple men here all defending the mayor, calling the woman a liar, and contending that there is "no evidence" when clearly, there is evidence - a witness statement in itself IS evidence.

I agree. Many people on this site claim the woman is lying on all stories out of hand. Which is just as wrong as considering all men guilty out of hand.

3 ( +6 / -3 )

Burning, in law it is certainly pejorative, and admittedly rude, however not slanderous.

It is harsh assessment, never the less.

Crude?

Well possibly visualizing, in one worse nightmare, the rather chubby Nobutada Kuroiwa allegedly launching his bulky frame “pickled as a newt”, on councilwoman Shoko Arai.

You do underhand Burning, the allegations to Nobutada Kuroiwa peccadillos are public knowledge?

His behavior is in the public domain, to be kicked around freely, not cyberbully,

Nobutada Kuroiwa is his own worse nightmare.

I do feel sorry for his family, best change the locks.

0 ( +1 / -1 )

I'm not sure why it is so difficult for some men to understand why women don't go to the police when they are raped.

You know that the reporting rate in Japan is only 4%, and you know why. You know that we are accused of lying, shamed, denigrated, accused of being sexually promiscuous, blamed, and that many women suffer PTSD and mental breakdowns because of the trauma of the reporting process. You also know that the process can stretch out for years, and that in the end, cases are either dropped or else the rapist gets a couple of years in prison at the very most.

All of this is common knowledge, but so many men men seem to be just utterly incapable of even the slightest bit of empathy when women hesitate to report. You seem to think it's no more difficult than reporting a stolen bicycle.

0 ( +9 / -9 )

If someone says "that man stabbed me" their statement is accepted as evidence that this man is the one who omitted the crime. But for some reason, when a woman says "that man raped me" people feel free to dismiss her witness statement as ... not evidence

Where is the CREDIBLE evidence. In a stabbing you can usually see it plain as day - blood, a knife, a witness, video footage, maybe - and the police still need to do a proper investigation because it is obvious some sort of incident occurred. If her word is deemed as evidence by you then what is his word? Where is the obvious proof of the rape? She needs to show or the police need to find obvious proof or else it is he said she said. You can't go around crying wolf without showing proof of there being one. Just her word alone is not going to cut it nor should it.

1 ( +5 / -4 )

She has failed to provide any evidence or take legal action. But wants to cash in on an online book. The mayor and others could sue HER if she keeps this show up

-3 ( +5 / -8 )

Mari Miura, a Sofia University professor of women's studies, said it so

And John Dow a professor of MENS studies said its not so !

Is there even such a thing as mens studies in university, or would that be showing too much bias and manliness.

She says she was raped he says they didnt even have sex , she needs to prove her case if she can not then she needs to deal with that fact .

-3 ( +4 / -7 )

You can't go around crying wolf without showing proof of there being one.

That's begging the question; you're assuming she's lying because....?

Presumption of innocent works both ways. If a person says they were raped, I'd start from the presumption that they are not guilty of lying unless there's compelling evidence to the contrary.

2 ( +5 / -3 )

Strangerland that is a pertinent and valid point.

Only Councilwoman Shoko Arai, Nobutada Kuroiwa, truly know the details of that fateful liaison.

For sure, Nobutada Kuroiwa, in fact any Executive in Office must never fraternize, have a team build, frankly despise the term, but never move from professional etiquette.

Anyway, you know the score better that I.

-1 ( +1 / -2 )

All of this is common knowledge, 

As said by you, it does not make it a fact. just like others here, blurting out nonsense without any facts to back it up!

You take this woman's word at face value, so it wouldn't be a stretch of the imagination to accuse you of something, have no evidence to back it up, and you suffer for it, even though you may or may not be guilty of the accusation.

Think about that.

0 ( +4 / -4 )

Where is the CREDIBLE evidence. In a stabbing you can usually see it plain as day - blood, a knife, a witness, video footage, maybe - and the police still need to do a proper investigation because it is obvious some sort of incident occurred. If her word is deemed as evidence by you then what is his word? Where is the obvious proof of the rape? She needs to show or the police need to find obvious proof or else it is he said she said. You can't go around crying wolf without showing proof of there being one. Just her word alone is not going to cut it nor should it.

Its true that the stabbing is a bad analogy owing to the physical evidence that would exist in such a case, but there are a lot of better ones. I got punched in the face once while walking down the street buy a stranger. I wasn’t injured and there were no other witnesses, so it was basically just my word that this guy had punched me in the face, much like her case. Its ludicrous to dismiss everyone in a situation like that as crying wolf just because they don’t have corroborating evidence to back it up.

A victim’s witness statement is a form of evidence. Whether it is credible or not depends on a lot of things - does this person have a history of lying? Does this person have an incentive to lie? Is there something that suggests the person is simply mistaken?

In this case we actually have two pieces of evidence, hers and his. They offer mutually incompatible accounts - she says he did it, he says he didn’t, and no corroborating evidence backs up either story. So it basically boils down to whose story is more credible. I have no idea if either party has a history of lying. The mayor has an obvious incentive to deny this on the one hand, while I don’t really buy the argument that she made this up to sell books or whatever on the other. I doubt either of them is mistaken, both of them know which one is telling the truth.

At any rate, the question you are raising isn’t whether this guy can be convicted in a court of law based on her word, but simply whether she should be able to open her mouth about what she claims happened to her. That is outrageous in my opinion, people should have the right to simply complain about being the victim of a crime. That is all she has done. If she is lying, provide evidence of it, otherwise you are the one crying wolf.

4 ( +6 / -2 )

Arai san do yourself a favour if you have not already, go to the police station & file a report

5 ( +6 / -1 )

Publicity stunt. An obscure councilwoman in a hot spring resort is rapidly becoming a national heroine. I wouldn’t be surprised if she ran for a seat in the next lower house election.

-5 ( +3 / -8 )

Awful. And the usual awful reactions to the situation.

In case anyone thinks this is just confined to Japan, look abroad at how women are treated in politics - death threats and murder in the UK, death threats/kidnap plots in the US and of course, more of the same in parts of the ME.

Still, Japan has a long way to go, wether in the arena of politics, pop, the workplace and/or sports.

You're spreading false, slanderous and hurtful rumors.

Oh, the absolute irony.

1 ( +5 / -4 )

I should add that I think the comments here are missing the main point of this incident. This isn’t just about whether an alleged sexual assault took place, its about an abuse of power by a politician.

On the facts available, I honestly don’t know which side is telling the truth about the alleged assault. What I do know is that her allegations don’t have any obvious holes in them that would justify dismissing them outright.

What I also know is that of the two of them, only one has used their official government position against the other to completely destroy that person’s life. THAT cannot be viewed as a legitimate exercise of government power. If he is innocent he can proceed through the courts to clear his name. Using the city council to do so is not how this should work since it gives those in power the ability to silence their accusers irrespective of the facts.

I don’t know if he in fact committed a sexual assault, though I think it likely that he did, but I do know for a fact that what followed is a huge abuse of power by him that should not be tolerated. All she did was complain that he had committed a crime against her. This does not justify using his position to drive her out of town.

3 ( +4 / -1 )

The BBC have picked this story up a few times recently. I think it is quite clears that voting Arai out has caused far more damage than expected. Not just to the backwater town they come from, but Japan as a whole.

5 ( +7 / -2 )

I hate these cases where a woman announces years later that she had unwilling (or willing) sex with someone. There's no real way of knowing after years later. Women, if you get raped then go to the cops right away.

4 ( +7 / -3 )

I hate these cases where a woman announces years later that she had unwilling (or willing) sex with someone. There's no real way of knowing after years later. Women, if you get raped then go to the cops right away.

Often victims of sexual assault are too traumatised to go to the police immediately.

Some of them keep it to themselves, bottle it up. Some become suicidal, full of shame, some have breakdowns and some just aren't believed.

It can be days, weeks, years before they can admit to themselves what happened. It's traumatic all over again to have to deal with it - at any stage. Interrogation, cross-examination - whatever hurdles the justice system throws up to deter reporting such cases.

Fair play to her and any woman who comes out and exposes the raw agony of such attacks. They know they will be vilified for it.

-3 ( +5 / -8 )

She should be questioned over her cyber-bullying .

-2 ( +4 / -6 )

In a society continuously dominated by male for centuries, what has happened is a foregone conclusion. Time for the nation to relook at itself seriously..

4 ( +5 / -1 )

Often victims of sexual assault are too traumatised to go to the police immediately.

Some of them keep it to themselves, bottle it up. Some become suicidal, full of shame, some have breakdowns and some just aren't believed.

Nobody would deny this, but you fail to address the core issue here which is that she went to everyone except the police. She told her story online, she went to the media, she published a book.

Like it or not, the police are the designated authority tasked with investigating serious claims in our society. If you choose not to deal with them, you cannot continue to make defamatory statements without expecting to suffer the consequences.

6 ( +7 / -1 )

MocheakeToday 09:53 am JST

Where is the CREDIBLE evidence.

The credible evidence IS that she said it happened. A more similar example might be that someone doesn't have to prove they were robbed by presenting proof they owned the item that was stolen.

Why does everyone doubt rape can happen, when it is one of the most common and most prevalent of all crimes against women?

-4 ( +5 / -9 )

Women who do report rape are the very few and the brave. They know the whole patriarchy in Japan will align against them. No doubt the Mayor has tried this with others and it has gone unreported.

In court when Arai-san can identify body marks or other personal data about the alleged rapist that will be tough to dispute.

Wow, so much blaming the victim now. Of course many reading this have endured the same thing themselves, both men and women.

-2 ( +2 / -4 )

StrangerlandToday 09:50 am JST

I agree. Many people on this site claim the woman is lying on all stories out of hand. Which is just as wrong as considering all men guilty out of hand.

Which is why I always emphasize that there needs to be an investigation.

The biggest problem is that many investigations don't even get off the ground. In this case, as in Shiori Ito's case, the investigation was thwarted because the accused has political power.

0 ( +4 / -4 )

Trump 101! Blame everyone except yourself.

4 ( +4 / -0 )

YubaruToday 10:16 am JST

As said by you, it does not make it a fact. just like others here, blurting out nonsense without any facts to back it up!

When I referred to common knowledge, I was speaking of the trauma that women go through when they report a rape. I'm not sure how you could refute that it is not common knowledge - do you not read newspapers? Have you never seen a news report on TV? Do you just ignore all stories in magazines, on TV dramas, in newspapers, and in books that deal with rape and rape investigation? Do you live in a country where talk of rape and sexual assault are completely censored, so that you have no idea of how investigations are conducted?

I can't think of any reason why any living person would be unaware that rape investigations are incredibly traumatizing for women. Maybe you can explain why you apparently lack this common knowledge.

You take this woman's word at face value,

I have never stated this.

so it wouldn't be a stretch of the imagination to accuse you of something, have no evidence to back it up, and you suffer for it, even though you may or may not be guilty of the accusation.

If someone accused me of a crime that I had not committed, then I would trust that the justice system would prevail.

Also? Only rape or sexual assault garner such accusations of false claims. I don't see men rushing to defend other men and call the accusers a liar when those men are accused of murder, burglary, assault of another man, kidnapping, vandalism, shoplifting, larceny, stealing a bicycle, shoplifting, public urination, speeding... do I need to go on?

For some reason, men only jump to the defense of other men when the crime is sexual assault. I wonder why that could be.

-2 ( +5 / -7 )

@girl_in_tokyo

Which is why I always emphasize that there needs to be an investigation.

How do you see an investigation being launched without a formal complaint from the victim? Japan is not an authoritarian state where the police can knock on someone's door and question them about their sex lives based solely on hearsay reports in the newspapers. A formal complaint put on the record is the necessary trigger for any investigation. Of course, there are very serious criminal consequences for lying to the police, which is why victims who file police reports are generally believed while those who refuse to do so (and instead court the media) are treated with skepticism.

2 ( +4 / -2 )

She's just trying to make some money by defaming someone. No sympathy for this woman, her regretting her sexual encounters, doesn't give her the right to claim it as sexual abuse years later!

1 ( +2 / -1 )

Bungle Today 01:18 pm JST

This is not a valid defence. You could at least try reporting to the police before making a very public pronouncement.

Again, I'm not sure why men don't seem to grasp that reporting rape to the police is a second trauma on top of the original trauma. Only 4% of rapes are reported precisely because women want to avoid more trauma.

I don't quite understand why you feel you can insist that they should.

And your every post drips with misandry.

You are showing very clearly that you have no idea whatsoever of what women go through when they report rape. I think my point here is clear, and I feel no need to defend myself against tit-for-tat accusations with zero basis in reality.

-2 ( +3 / -5 )

M3M3M3 Today 01:22 pm JST

How do you see an investigation being launched without a formal complaint from the victim?

The law changed a few years ago so that the victim of a sexual assault no longer has to make a formal complaint in order for the police to launch an investigation. The police can launch an investigation of their own volition if they find there is reason to do so.

But the real investigation needn't center on the rape itself, but how the mayor used his political power to remove someone who had accused him of a crime.

-3 ( +3 / -6 )

Japan ranks among the lowest in international gender equality scales, with women still expected to prioritize homemaking, child rearing and subservience to husbands over career advancement.

It's irrevant and prejudiced for the case. Sex crimes or allegations do happen in gender-equal "advanced" society, with its numbers usually much larger than those in Japan.

Arai lost her seat in the referendum by a vote of 2,542 to 208.

It's a landslide defeat for her although many local women must have joined the referendum (let's say about half of the total voters, logically). How can Arai possibly claim she's ousted because male majorities controlled a final decision? Here I do criticize the referendum as a very bad choice (The mayor should have waited for all inquiries to finish) But it's not illegal.

I'm a bit fed up with some judgmental media outlets who tend to nitpick and generalize particular cases to justify their stereotypes. This story has already been framed in their feminist narratives.

1 ( +3 / -2 )

I see our Girl In Tokyo knows what she’s talking about.

Someone attacked my Ex walking through Oyama Cemetery, from Nogizaka.

When she got to my work place and told me, she DIDN’T want to report it, the guy was spotted soon after but got away, he was likely Slashed very well with the Marqui Mounted Diamond engagement ring I had given her..nice

2 ( +3 / -1 )

And your every post drips with misandry.

It contains exasperation, if anything.

Every single story relating to sexual assault of women here always gets the same responses from the same men. Not all men, obviously. But some do have the same agenda - what about us men/she's after money/she should have reported it earlier etc, etc.

The incel culture has made some pretty deep inroads into Japan - not that it needed the extra ugliness, to be honest.

Anyone who challenges it is vilified, threatened and worse. And here on JT, women who speak up against the misogyny will be downvoted.

1 ( +4 / -3 )

Alleged rape five years ago. What did she do after the assault. Who did she tell? What doctor or medical facility did she attend? Why didn't she go to the police?

And why is she speaking at the Foreign Correspondents Club? Why is this story not more covered by NHK and Japanese media outlets?

0 ( +4 / -4 )

What did she do after the assault. Who did she tell? What doctor or medical facility did she attend? Why didn't she go to the police?

Because of people asking such empathy free questions, I imagine.

2 ( +5 / -3 )

Go to Fight club.

-2 ( +0 / -2 )

@girl_in_tokyo

The law changed a few years ago so that the victim of a sexual assault no longer has to make a formal complaint in order for the police to launch an investigation. The police can launch an investigation of their own volition if they find there is reason to do so.

Yes and no. This applies only in cases where the police already have sufficient additional evidence to support the charge (such as complaints from third party witnesses, CCTV recordings, physical evidence, or even incriminating statements by the perpetrator). The best example of this would be a train groper who gets caught by another passenger and confesses on the scene but the victim refuses to cooperate out of fear. In such cases, the police can proceed without the victim's cooperation.

This is clearly not an analogous situation. The police in this case have absolutely nothing to support an investigation. No complaints. No statements on the record. No third parties. No physical evidence gathered independently. Claims in a newspaper articles cannot provide the reasonable suspicion needed to make someone the focus of a criminal investigation.

4 ( +4 / -0 )

My words below and got downvoted 11 times, so I assume some don't have much hindsight and still are mesmerized by the story, not seeking justice.

People read : mayor thinking he is right by winning referendum is indeed very wrong. Where else did I say opposite ?

I am pinpointing at the shortcomings of justice for both an unfounded allegation and an unfounded resolution by referendum.

Where is justice ? Why don't people call to go and help that woman to expose her claim to police ?

I suppose she tells the truth in essence but need for proof to make her claim valid. Only way is through justice, not media !

0 ( +2 / -2 )

Does she have any evidence of the assault? I don't see any in the article.

0 ( +2 / -2 )

This may seem like a case of she said, he said, but one thing's for sure. Japan does not take sexual harassment and gender equality seriously.

-1 ( +1 / -2 )

Come on, neither Nobutada Kuroiwa or Shoko Arai should be subject to a trail by media.

Nobutada Kuroiwa only has himself to blame.

0 ( +0 / -0 )

Burning Bush Today 02:28 pm JST.

Do you have any idea what men who are falsely accused of rape go through.

This presumes she is falsely accusing him, which has not been established.

But to fully answer your question, I am aware that being accused of rape - or any other crime - can have severe consequences for the accused - which is why there needs to be an investigation.

Just look at the comments on this post to see how is name is being dragged through the mud.

The main reason his name is being dragged though the mud right now is because his first reaction was to use his political power to oust her, to shut her up. If he had made a statement to the effect that "I take these accusations seriously and have instigated a full investigation to clear my name" then I think he would have a lot more support and much less suspicion.

Imagine if this happened to your father, brother, son or husband.

Frankly speaking, if my male relative used his social, personal, or political power to shut up an accuser, I would disown him.

But to fully answer your question, I would be really, really upset if my male relative were accused of rape. But at the same time, I would also want a full police investigation - because only a full and complete investigation would clear his name.

The fact that he is initiating a lawsuit shows you that he does not fear any scrutiny of his story. Yet she is unwilling to file a police report which shows that she does.

No, the fact that he is initiating a lawsuit, and not a police investigation, shows that he is a big fat bully who has learned nothing. At the VERY least, he should be asking the police to investigate, and should fully cooperate.

It should be illegal to accuse someone of a heinous crime without filing a police report.

From this, I can only assume you are saying that women who are raped should not be allowed to talk about it and name their attacker unless they are willing to press charges and go through a long, arduous trial where they will be re-traumatized.

Sorry, no. I have a female relative who decided not to press charges against a male relative - and she has very good reasons for it.

I fully support the women who decide not to report their sexual assault - it should be their choice.

-2 ( +1 / -3 )

M3M3M3Today 03:22 pm JST

Claims in a newspaper articles cannot provide the reasonable suspicion needed to make someone the focus of a criminal investigation.

I can see your point. I wasn't aware of the minutia involved in the police instigating their own investigation.

I will say that I wish she had done this by the book. A lot of problems could have been avoided. But at the same time, there is already too much pressure on women to be the "perfect victim" who does everything right from the very beginning, and I don't think there is any other crime where the accuser is always called a liar no matter what she has/hasn't done.

I would like to see a thorough investigation, and if the only available means is via a lawsuit against her for libel, then so be it.

-1 ( +2 / -3 )

girl_in_tokyoToday  12:12 pm JST

MocheakeToday 09:53 am JST

Where is the CREDIBLE evidence.

The credible evidence IS that she said it happened. A more similar example might be that someone doesn't have to prove they were robbed by presenting proof they owned the item that was stolen.

Why does everyone doubt rape can happen, when it is one of the most common and most prevalent of all crimes against women?

I think you are quite mixed up. Just her saying that is NOT credible evidence and your example is erroneous. I could walk to the Police box and being robbed of my wallet I have to give details like what is inside, color, when the incident happened, the ALLEGED perp's height, weight, etc. so if it is found, that PROVES it is mine but may not prove a crime actually happened. The crime itself would need to be backed up somehow by evidence like video surveillance, a confession, etc. The person with my possessions may not even have been the one who stole it so an investigation would be necessary.

She says she was raped by him. He says it's not true. Where is the evidence? You don't need to prove yourself innocent. Someone needs to prove you guilty and as someone above posted, she went to everyone except the police.

Also, NO ONE doubts rape happens, I think we all know the unfortunate truth. Lying also happens and you are talking about someone's life, livelihood, reputation, etc. so if she is telling the truth, she needs to prove it by coming with irrefutable evidence for the police not just words.

4 ( +5 / -1 )

Because he lied and tried to undermine the mayor, the former town councilor deserves to lose his job.

The mayor, who has done nothing wrong, is in a lot of trouble.

Feminists are so stupid that they judge people based on their gender and skin color without checking the truth of the matter.

The Me To movement and BLM demonstrations are also only done by idiots.

0 ( +2 / -2 )

Mocheake Today 05:03 pm JST

I think you are quite mixed up. Just her saying that is NOT credible evidence and your example is erroneous. I could walk to the Police box and being robbed of my wallet I have to give details like what is inside, color, when the incident happened, the ALLEGED perp's height, weight, etc. so if it is found, that PROVES it is mine but may not prove a crime actually happened. The crime itself would need to be backed up somehow by evidence like video surveillance, a confession, etc. The person with my possessions may not even have been the one who stole it so an investigation would be necessary. She says she was raped by him. He says it's not true. Where is the evidence? You don't need to prove yourself innocent. Someone needs to prove you guilty and as someone above posted, she went to everyone except the police.

You are missing the point.

The point is that when someone is accused of rape, that accusation needs to be taken seriously and investigated. The police then determine whether the accusation is credible, consult the prosecutor, and a decision is made as to whether an arrest is warranted.

What people here seem to be saying, however, is that an accusation is not enough to even warrant an investigation - which is patently ridiculous.

As for there needing to be "irrefutable evidence" for observers to take an accusation seriously? Well, that's entirely personal, isn't it, and it looks to me like the standards of evidence for a rape to be taken seriously by this particular group of posters on JT are way above and beyond those of any other crime.

When the story is "someone robbed a house" no one spends hours in the comments arguing that perhaps the house was not even robbed, that the home owner must be lying, and perhaps he just gave away the item he says was stolen.

And you, Mocheakie, you seem to want video evidence of the rape just to take the accusation seriously??? All I can say to that is WTF.

Also, NO ONE doubts rape happens, I think we all know the unfortunate truth. Lying also happens and you are talking about someone's life, livelihood, reputation, etc. so if she is telling the truth, she needs to prove it by coming with irrefutable evidence for the police not just words.

The doubt is not over whether rape happens, ever, no - the doubt is over whether women are ever telling the truth about rape when they make accusations, and the consensus seems to be "mostly no".

You guys go on and on about how the accuser has to provide evidence beyond a reasonable doubt that she was raped by a particular man before she should even be taken seriously, yet you have no problem calling women liars without any evidence whatsoever that they are lying. Why the double standard?

-4 ( +2 / -6 )

samuraivunyl Today 08:32 pm JST

A witness statement is evidence????? Really??? Actually you are wrong. It may be used as evidence if it can be corroborated. This woman cannot corroborate her witness statement ( and she did not provide a witness statement it seems after the alleged offence took place ) . All we have in this case is her allegation and his rebuttal.

I am not sure why people are finding this to be difficult to understand this, and frankly I'm not going to hang around here all night explaining it in the same way over and over again.

-2 ( +2 / -4 )

Arai lost her seat in the referendum by a vote of 2,542 to 208.

This comes down to a he-said she-said dispute. Unfortunately for Arai she didn’t call the police and file charges at the time of the incident. She lost her seat in a free election with practically no support - from even the women in her town. Is there more to this story that JT is not telling us? There is a big gap here - the entire town is against her.

1 ( +2 / -1 )

Blah Blah Blah all she need is go to the hospital take sample of semen then have DNA test, then if match mayor's dna.. end of story.

-1 ( +1 / -2 )

A witness statement is evidence????? Really??? Actually you are wrong. It may be used as evidence if it can be corroborated. This woman cannot corroborate her witness statement ( and she did not provide a witness statement it seems after the alleged offence took place ) . All we have in this case is her allegation and his rebuttal.

Law school graduate speaking here. Yes, a witness statement is evidence. You seem to be conflating “proof” and “evidence”, which are not the same thing.

4 ( +4 / -0 )

@girl_in_tokyo:  But at the same time, there is already too much pressure on women to be the "perfect victim" who does everything right from the very beginning, and I don't think there is any other crime where the accuser is always 

You seem to be against the idea of innocence until proven guilty. Arai did not do everything right. She didn’t report the allegation to the police. She is looking for justice in the media and not in the courts. I agree that the crime of rape is difficult to prove because in the vast majority of the cases the situation involves no witnesses. Also it doesn’t often involve disputed evidence. Those who support the MeToo movement want to imprison men without due process and the presumption of innocence. Imagine if this standard was applied to all allegations of serious crimes? The justice system would become a farce.

Rape is a very difficult crime to prove and prosecute. Women are often not able to effectively resist and are afraid to go to the police. The most effective preventative measures are considered sexist and discouraged by Progressives.

0 ( +1 / -1 )

A witness statement is evidence????? Really??? Actually you are wrong. It may be used as evidence if it can be corroborated.

It's always weird watching someone be outraged while showing with their outrage that the real reason they are angry is because the situation they are angry about is one they made up in their head, due to not actually knowing what they are talking about.

Evidence: First hand statements

Not evidence: Hearsay

0 ( +2 / -2 )

rainyday Today 12:15 am JST

Law school graduate speaking here. Yes, a witness statement is evidence. You seem to be conflating “proof” and “evidence”, which are not the same thing.

Thank you.

I've been saying the same thing all along: an accusation is a witness statement that provides the evidence that gets an investigation started. After that it is up to the police to gather more evidence to convince the prosecutor of the need to indict. And if it goes to court, the judges decide whether the witness statements, along with any other evidence, provide enough proof to merit a conviction.

StrangerlandT oday 01:16 am JST

It's always weird watching someone be outraged while showing with their outrage that the real reason they are angry is because the situation they are angry about is one they made up in their head, due to not actually knowing what they are talking about.

It's always interesting watching someone mis-characterize what a person they dislike says because they want so badly for that person to be wrong.

Evidence: First hand statements

Not evidence: Hearsay

Well, yes. The legal definition of hearsay is when someone in court makes a statement about what another person said or did outside court, when that person is not present in court, and thus the veracity of the statement cannot be substantiated. (Obviously there is more to it than that, but this will suffice for the present discussion).

In everyday parlance, however, hearsay just means "rumor".

What the two definitions have in common is that both are considered second-hand information.

You seem to be mixing the two, and trying to define hearsay in an entirely different way, as "an eyewitness statement heard outside court which cannot be used as evidence".

What you have wrong is that a) we are not in court; and b) Ms. Arai is an eyewitness with firsthand personal knowledge of a crime. The crime victim is a witness; therefore, Ms. Arai is a witness, or would be were she put before a judge.

0 ( +2 / -2 )

Wolfpack Today 12:22 am JST

You seem to be against the idea of innocence until proven guilty.

You say that to me a lot, and every time you say it I answer you in the same way:

- We are not in court.

- We are not a jury.

- We are not tasked with examining evidence provided by a court.

Therefore we are not trying to come to a decision as to whether someone is innocent or guilty in any kind of official capacity. What we are doing is discussing ta rape case and giving our personal thoughts and opinions of it, which will not in any way be used to determine whether someone is innocent or guilty.

In addition, I have said on this occasion and on many others that I want to see a full investigation of the matter so that a real verdict can be reached by a real judge in a real courtroom. In other words, I want the case to go through the entire court process, after which I will accept the verdict.

Arai did not do everything right. She didn’t report the allegation to the police. She is looking for justice in the media and not in the courts.

Fist, there is no "perfect rape victim" who does everything right, and no rape victim should be held to a standar of perfection in order for her accusation to be taken seriously. Secondly, many rape victims unfortunately never see justice in court, so it should be entirely unsurprising to anyone when they use the media to attempt to get a little bit of justice.

As an aside - I totally agree that this is not the way to proceed if one really wants justice done. Attacking someone in the media always backfires on the victim. I feel sorry for her that she is now going though the exact thing that she sought to avoid when she made the decision not to report. I'm hoping that she decides to make that report now, and that this eventually goes to court.

Unfortunately, she did the exact opposite of what Shiori Ito did, and I find it pretty likely that she will lose the defamation case, unless she goes ahead and makes that police report and wins her day in court.

I agree that the crime of rape is difficult to prove because in the vast majority of the cases the situation involves no witnesses.

The victim IS a witness, as is the accused. What you seem to be saying is that the victim's word cannot be seriously considered as evidence, despite the fact that false accusations are exceedingly rare and are almost always found out to be false before the case even goes to court.

In other words, you are trying to poison the well by impugning all rape victims as liars.

Also it doesn’t often involve disputed evidence.

Every court case ever involves disputed evidence. However, it seems to me that only in rape cases is the victim always assumed to be lying even before the rest of the evidence is presented.

Those who support the MeToo movement want to imprison men without due process and the presumption of innocence. Imagine if this standard was applied to all allegations of serious crimes? The justice system would become a farce.

You also keep saying this, and I keep telling you the same thing: the aim of the #metoo movement is to raise awareness of the pervasiveness of sexual abuse and assault in society.

I don't know why this is so difficult for you to understand, when all you have to do is google "metoo movement" and read about it.

Rape is a very difficult crime to prove and prosecute. Women are often not able to effectively resist and are afraid to go to the police. The most effective preventative measures are considered sexist and discouraged by Progressives.

There are no effective preventive measures against rape. If there were, there would be no rape. And if those measures did exist, then why would progressives, who by very definition want to see effective change, reject them?

0 ( +3 / -3 )

@girl_in_tokyo: In addition, I have said on this occasion and on many others that I want to see a full investigation of the matter so that a real verdict can be reached by a real judge in a real courtroom. In other words, I want the case to go through the entire court process, after which I will accept the verdict.

The problem with your call for an investigation and court proceedings is the fact that the alleged victim herself has not asked for it. She made her rape accusation, not in a police report, but in an online book. Are the cops supposed to buy the book and use that as their police report based on the desires of a foreigner on the Japan Today website? That’s not how it works.

Therefore we are not trying to come to a decision as to whether someone is innocent or guilty in any kind of official capacity.

But the entire point is guilt or innocence. If he didn’t do what he was accused of doing the entire conversation about gender bias in politics is moot. That’s why I think that you are not interested in the presumption of innocence. You are making statements as an activist without regard to the truth in this particular case.

By the way filing a false police report is a crime- so at least the former council member has avoided that possibility.

1 ( +2 / -1 )

Fist, there is no "perfect rape victim" who does everything right, and no rape victim should be held to a standar of perfection in order for her accusation to be taken seriously.

No one said she had to be a perfect victim. Unless she files a police report she cannot legally be considered a victim at all. In fact, the alleged perpetrator may be the actual victim. To some he is the perfect perpetrator- an old man in a small town- but that doesn’t mean he is unquestionably some kind of neanderthal.

Secondly, many rape victims unfortunately never see justice in court, so it should be entirely unsurprising to anyone when they use the media to attempt to get a little bit of justice

You can make the case that many rape victims never see justice. But again- she isn’t asking the police for one. She is settling for a PR campaign against a man who will be presumed guilty by activists such as yourself. Tara Reade filed an actual police report with the Washington DC police and the prosecutors refused to take up her case. What about her - she is just roadkill from the Leftist’s in charge of prosecutions in DC. I do think Ito should get her day in court.

-1 ( +1 / -2 )

 ‘If he didn’t do what he was accused of doing the entire conversation about gender bias in politics is moot. ‘

I made a mistake with this statement. Should have said:

If he didn’t do what he was accused of doing the entire conversation about gender bias in this particular situation is moot.

0 ( +1 / -1 )

"Women should be able to raise our voices when we are treated unjustly. I will not give up and will keep fighting," Arai said.

Stop trying to sell books and file a police report.

-1 ( +2 / -3 )

Burning BushToday 07:06 am JST

Do you agree then that since no trial has taken place, this man deserves the presumption of innocence.

Therefore any comments that refer to him as a "rapist" or "unable to keep his pants on" are cyberbullying.

- We are not in court.

- We are not a jury.

- We are not tasked with examining evidence provided by a court.

Therefore we are not trying to come to a decision as to whether someone is innocent or guilty in any kind of official capacity. What we are doing is discussing ta rape case and giving our personal thoughts and opinions which will not in any way be used to determine whether someone is innocent or guilty.

0 ( +3 / -3 )

Wolfpack Today 07:34 am JST

The problem with your call for an investigation and court proceedings is the fact that the alleged victim herself has not asked for it.

I am not "calling for an investigation" because I do not have that power. I merely wish to see an investigation happen and hope that Ms. Arai changes her mind about pursing charges so that we can get to the truth of the matter and see justice done.

She made her rape accusation, not in a police report, but in an online book. Are the cops supposed to buy the book and use that as their police report based on the desires of a foreigner on the Japan Today website? That’s not how it works.

You are correct.

But the entire point is guilt or innocence.

No. The entire point is to let the court do its job.

If he didn’t do what he was accused of doing the entire conversation about gender bias in politics is moot.

No, it is not, because the mayor called for her ouster because she accused him of rape, which is a clear silencing tactic. Using the common trope that women lie about rape plus his personal political power as a way to silence an accuser is very much about gender bias.

That’s why I think that you are not interested in the presumption of innocence. You are making statements as an activist without regard to the truth in this particular case.

No. I am saying, as I always do, that rape accusations should be taken seriously and investigated in an unbiased manner. Unlike you, who presumes every rape victim is lying from the outset.

By the way filing a false police report is a crime- so at least the former council member has avoided that possibility.

There is no reason to think she is lying. Again, you are presuming he is not lying, and she is - why the bias?

1 ( +3 / -2 )

WolfpackToday 07:56 am JST

No one said she had to be a perfect victim. Unless she files a police report

This is one of the standards of a perfect victim - someone who files a police report.

The problem is that you are saying that her accusations cannot be taken seriously due to the fact that she did not file a police report; therefore, she cannot possibly be telling the truth - which is patently ridiculous.

If someone had their wallet stolen and did not bother reporting it to the police because they had no hope of getting it back, does it then mean they are lying about their wallet being stolen? Why do you use different standards of credibility when it comes to rape?

Unless she files a police report she cannot legally be considered a victim at all.

In legal terms you are correct. However, I am not a police officer nor a lawyer, and I am using the term in the common parlance to mean "a person harmed, injured, or killed as a result of a crime, accident, or other event or action."

In fact, the alleged perpetrator may be the actual victim. To some he is the perfect perpetrator- an old man in a small town- but that doesn’t mean he is unquestionably some kind of neanderthal.

I have never stated anything in regard to his guilt or innocence. I merely said her accusation should be taken seriously and she should not automatically be branded a liar just because she did not file a police report.

Stop muddying the waters by bringing up irrelevant issues and attributing opinions to me that I neither stated nor hold.

You can make the case that many rape victims never see justice. But again- she isn’t asking the police for one. She is settling for a PR campaign against a man

Yes, and as I said: this will backfire on her. Because she did not bring a police report against him, it's likely that she will lose the defamation case - which I believe I have already stated.

who will be presumed guilty by activists such as yourself.

I'm not sure why I have to keep stating this, but here we go again: I have never stated anything in regard to his guilt or innocence. I merely said her accusation should be taken seriously and she should not automatically be branded a liar just because she did not file a police report.

Tara Reade filed an actual police report with the Washington DC police and the prosecutors refused to take up her case. What about her - she is just roadkill from the Leftist’s in charge of prosecutions in DC.

I can't comment in depth because I'm not that famillar with the case. I would need to read up on it to be able to give a thoughtful and informed opinion. But from my base understanding, the police did not find enough evidence to bring charges. Do you not accept the police's findings? Or do you think Biden used his political power to silence her?

I do think Ito should get her day in court.

If you mean Shiori Ito, she did get her day in court, and she won.

1 ( +3 / -2 )

Burning BushT oday 06:36 am JST

No point in debating legalities if this woman refuses to file an actual complaint with the police.

I can't agree with the guilty via Twitter justice system.

Once again: I have never stated anything in regard to his guilt or innocence. I merely said her accusation should be taken seriously and she should not automatically be branded a liar just because she did not file a police report.

It's also important to point out that the mayor did not fire her, the voters did, in a landslide 90% vote (including women).

The mayor instigated the callback - without him, this would not have happened. And FYI: women can be misogynistic too.

It's highly possible that the mayor indeed did not commit those acts, yet he has to explain to his grandkids over the holidays why his face is on the news all the time.

And as it's highly likely that Ms. Arai is not lying, because false rape accusations are exceedingly rare, she has to explain to her grandkids that women basically have no hope of having their reports of sexual assault taken seriously.

In this situation, NO ONE WINS.

1 ( +3 / -2 )

Burning BushToday 09:32 am JST

So all hurtful accusations made online must be taken seriously.

With respect, I did not say "all accusations made online must be taken seriously."

1) I said rape victims accusations should be taken seriously even if they do not file a police report, and that includes the one made by Ms. Arai.

2) She has utilzed several modes of communication: the internet, newspapers, TV, and in person.

You’re saying cyberbullies should be believed.

This is so hyperbolic and so far out of line that it verges on being dishonest, and thus doesn't merit a response.

1 ( +3 / -2 )

Where is the CREDIBLE evidence.

Surely you mean physical evidence?

Moot, however, as Mr Kuroiwa himself hasn't denied that sexual intercourse took place:

Kuroiwa on Monday called Arai’s allegation “100% a lie and fabrication” and said there was not even room for an argument over whether there was consensual sex. “There was absolutely nothing at all,” he said.

https://japantoday.com/category/politics/japan-mayor-defends-councilwoman's-ouster-over-assault-claim

Kuroiwa has eminently demonstrated how the odds are stacked against Ms Arai with his referendum.

However, let's say a claimant presents DNA evidence against a powerful defendant: "it was consensual!"

...bruising and/or ripped clothing: "she said she liked it rough!"

Witchcraft was commonly alleged in medieval times when women dared to take control of their own bodies.

I wonder if Kusatsu has any ducking stools.

0 ( +0 / -0 )

A statement is only evidence if it is given under oath and/or signed.

Her accusations are not subject to perjury therefore they are not evidence.

You are obviously not a lawyer since you don’t know what you are talking about. Partly this is because you are (incorrectly) trying to state an American rule of evidence (statements made in court under oath are admissible in a criminal trial, out of court statements are excluded as hearsay unless they meet one of the exceptions to that rule). This happenned in Japan, where the rules of what can be admitted are significantly different.

Also, that rule does not define what is and is not evidence, it merely excludes some forms of evidence in a trial. There is not actually a criminal trial going on here. You might validly argue that this is less compelling evidence than it would be if given under oath in a court where it was subject to examination, but it is evidence.

Her vile accusations are just cyberbullying at this point.

You are the one throwing online accusations at someone solely on the basis that she claims to be the victim of a sexual assault. Its cute that you apparently learned the word “cyberbullying” recently, but I don’t think you’ve yet figured out how to correctly use it in a sentence.

4 ( +5 / -1 )

I say ' you are not a lawyer to other posters ' well, in fact, do have an LLb, and this is JAPAN, not america or wherever you are from . I double checked and both neither a confession not accusal cannot be accepted as evidence in JAPAN without corroborating evidence. In this case, there is no corroborating evidence. Whether or not any misdemeanor occured is beside the point. Her statement is merely a statement and nothing more.

I too have an LLB. You aren’t quite accurately stating the law. A confession in Japan can be accepted as evidence by a court in Japan, it just cannot form the sole evidentiary basis for a conviction absent other supporting evidence. This is explicitly stated in the Constitution in fact. That is not the same as the statement itself being inadmissible as evidence.

Again though, and this point has been made many times above, this is all irrelevant. He is not on trial for sexual assault. He isn’t even facing a civil trial where the standards of proof are far easier to meet. So we as individuals can listen to her statements, and his, and draw our own conclusions about which we find more credible.

1 ( +1 / -0 )

For all the posters on this thread, just imagine how you would feel if somebody made baseless accusations of a vile and heinous sex crime about you, using your name, persistently on the internet.

Would you not consider that to be cyberbullying and harassement?

Just imagine how you would feel if someone raped you, then used his position of power to deprive you of your job and life because you dared to complain about it. I’d consider that to be way worse than cyberbullying.

Did that happen? I don’t know. But I do know it is certainly a possibility based on the facts available. Are her accusations “baseless” as you claim? You don’t know, yet you are comfortable stating that as fact nonetheless.

0 ( +1 / -1 )

rainyday Today 08:17 pm JST

Again though, and this point has been made many times above, this is all irrelevant. He is not on trial for sexual assault. He isn’t even facing a civil trial where the standards of proof are far easier to meet. So we as individuals can listen to her statements, and his, and draw our own conclusions about which we find more credible.

Thank you - this is exactly what I've been trying to get across. Laypeople use terms from everyday parlance that do not have the same meaning when a professional uses them in a professional context.

Words like "victim" and "evidence" and "proof" and "innocent until proven guilty" have very specific definitions and usages in a legal context. Most laypeople don't know how those terms are used, and so often use them wrongly. I feel that is what has been happening here, so I am glad you are here to clear this up.

0 ( +1 / -1 )

Thank you - this is exactly what I've been trying to get across

I’ve been feeling your frustration. Bit like talking to a brick wall sometimes, isn’t it?

1 ( +1 / -0 )

Well, yes. The legal definition of hearsay is when someone in court makes a statement about what another person said or did outside court, when that person is not present in court, and thus the veracity of the statement cannot be substantiated. (Obviously there is more to it than that, but this will suffice for the present discussion).

In everyday parlance, however, hearsay just means "rumor".

What the two definitions have in common is that both are considered second-hand information.

You seem to be mixing the two, and trying to define hearsay in an entirely different way, as "an eyewitness statement heard outside court which cannot be used as evidence".

Jesus, you're so militant you didn't even realize I was agreeing with you.

The curse of not being an extremist is that extremists on both ends think you're the enemy.

2 ( +2 / -0 )

Strangerland Today 03:48 am JST

Jesus, you're so militant you didn't even realize I was agreeing with you.

The curse of not being an extremist is that extremists on both ends think you're the enemy.

You think I'm an extremist, because I won't judge whether someone is guilty or innocent without getting more facts, and because I think all rape accusations should be taken seriously and investigated thoroughly?

Well, okay then.

-1 ( +1 / -2 )

Burning BushToday 06:23 am JST

So you should agree that at this point, it would be wrong to call this man a "rapist" or a "pervert"

On what grounds does an anonymous poster on the internet have the right to plaster him with those labels?

Whoever does so should face cyberbully charges.

No one in this thread has called the mayor a rapist or a pervert, so it's unclear why you are even bringing this up.

Aaaaaand brick wall, it is.

0 ( +1 / -1 )

You think I'm an extremist, because I won't judge whether someone is guilty or innocent without getting more facts, and because I think all rape accusations should be taken seriously and investigated thoroughly?

I think you’re an extremist because you say things like the above that aren’t even a misrepresentation of what I said, you’ve just made it up. Nothing I said could be represented as the above.

2 ( +2 / -0 )

StrangerlandToday 08:30 am JST

I think you’re an extremist because you say things like the above that aren’t even a misrepresentation of what I said, you’ve just made it up. Nothing I said could be represented as the above.

You called me an extremist. I made the assumption that you are talking about my views on the article we have been discussion for the past three days - is this not a logical assumption?

If you're calling me an extremist for another reason, please - do explain, because frankly, you aren't making sense and at this point just being obtuse.

-1 ( +0 / -1 )

Readers, you've gone as far as you can go with this discussion. Please take a break.

If you're calling me an extremist for another reason

You are an extremist about women's rights. Anyone who has read your posts for a few years can clearly see it.

3 ( +3 / -0 )

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