Japan has finally passed a comprehensive reform of its sex crime laws, a move long awaited by advocates. These new laws expand the definition of rape and increase the age of sexual consent from 13 to 16. However, it’s important to note that individuals who engage in sexual activity with a minor between the ages of 13 and 15 will only face prosecution if they are at least five years older than the victim. This development comes after Japan had one of the lowest ages of consent among developed countries.
The new legislation brings Japan more in line with other nations, where the age of consent is typically 16 or higher. For example, most American states and Canada set the age of consent at 16, while Germany and Italy set it at 14. The change was prompted by a series of controversial acquittals, which prompted activists to rally for change through “flower demonstrations” held on the 11th day of every month, starting in April 2019.
One of the key updates in the new laws is the redefinition of rape as “nonconsensual intercourse.” This removes the previous requirement of physical force for a crime to be considered rape. The legislation identifies eight scenarios of “forced sexual intercourse” where a victim may find it difficult to refuse consent, such as intoxication, threats, or abuses of power. Additionally, the laws address the issue of “photo voyeurism” by introducing a nationwide ban on taking or distributing sexually exploitative photos without consent. This replaces a patchwork of inconsistently enforced local laws.
While campaigners have welcomed these new laws, they also recognize the need for further action in addressing misconceptions about sex and consent, as well as changing a culture in which only a small percentage (6%) of sexual violence victims report their attacks. Lawyer Kazuko Ito, who has represented sexual assault victims, hails this overhaul as a significant step forward, recognizing the inclusion of victims who were previously denied justice.
In conclusion, Japan’s recent passage of reforms to its sex crime laws represents a positive and progressive step towards protecting individuals from sexual violence. However, there is still work to be done to address societal attitudes and misconceptions surrounding sex and consent, and to encourage more victims to come forward and seek justice.
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