I t took years of protest and anger, but finally Japanese lawmakers have chosen to revisit the country’s rape laws to bring them more in line with internationally accepted legal provisions. While the most significant change is the raising of the age of consent ~ from 13 to 16 ~ it is the changed definition of rape that will have the greatest impact. The previous legislation required victims to physically resist the assault or show clear signs of non-consent to establish rape. This placed an undue burden on survivors, and saw their allegations being dismissed or invalidated.
The revised law recognizes that the consent must be given freely and voluntarily, and rejects the notion that silence or lack of resistance implies consent. The age of consent had been unchanged since 1907, although regional laws had progressively sought to change this to punish what were described as lewd acts. The amended law also proscribes voyeurism, said to be widely prevalent in Japanese society, and prescribes tougher sentences for offenders. The amendments, passed unanimously, follow years of debate in Japanese society and widespread protests in 2019 after a string of acquittals in rape prosecutions. The most significant of these was a case where a father who had repeatedly raped his teenaged daughter was let off by a court in Nagoya which held there was inadequate proof of resistance by the girl, even though it was clear she had not given consent.
The reforms introduce measures to prevent repeat offences and provide support to survivors, while laying emphasis on prevention of rape through education that addresses the underlying cultural attitudes in a traditionally misogynistic society that has perpetuated sexual violence. The bill that was passed on Friday contains a list of examples under which rape prosecutions can be made. These include victims being under the influence of alcohol or drugs, being frightened, and perpetrators taking advantage of social status.
But critics say several problem areas remain, including a provision in the amended law that says that teen couples no more than five years apart in age will be exempt from prosecution if both partners are above 13. This it is pointed out decriminalises sex between a 19-year-old boy and a 13-yearold girl, where it is argued elements of impaired consent will remain.
Further, critics argue that implementation and enforcement of the new laws will be crucial to their effectiveness, and will require a change in the attitudes of law-enforcers. But the most significant change that Japan will need is one in societal attitudes, as social stigma surrounding sexual assault must be addressed if victims are to be emboldened to come forward.
Human rights activists, while welcoming the amendments, have said they still fail to meet international standards. They would like the crime of rape to cover all nonconsensual sexual intercourse. But it is clear that Japan has made important changes to its laws, and this must be welcomed.