Japan’s Uphill Battle: Recognizing Nonconsensual Intercourse as Rape

Japan Should Recognize Nonconsensual Intercourse as Rape

The Current Situation in Japan

Japan is currently considering a landmark bill that would revise the country’s penal code and redefine rape to include “nonconsensual sexual intercourse.” This bill, which may be voted on as early as June 21, would mark only the second revision to Japan‘s legislation on sexual violence in a century. In addition to expanding the definition of rape, the bill would also extend the statute of limitations for reporting rape from 10 to 15 years and raise the age of consent from 13 to 16, while excluding consensual sexual behavior between close-aged adolescents from criminalization.

However, survivors and advocates have criticized the bill for its failure to provide a clear and simple definition of rape as nonconsensual intercourse. Instead, the bill lists eight scenarios in which a victim might be unable to give consent. While amendments were made to Japan‘s penal code in 2017 to broaden the definition of rape, it still falls short of international standards.

International Standards and the Lack of Consent

The United Nations special rapporteur on violence against women has emphasized the need for national legislation to align with human rights standards. In a report published in 2021, the special rapporteur stated that “lack of consent by the victim should be at the center of all definitions of rape.” This principle, which places consent as the central factor in determining whether an act constitutes rape, is crucial in ensuring the protection of survivors and the accountability of perpetrators.

Japan‘s current legal definition of rape narrowly focuses on forcible sexual intercourse through assault, intimidation, or taking advantage of a victim’s loss of consciousness or inability to resist. This definition fails to capture the full range of nonconsensual sexual acts that can occur and excludes cases where consent was absent but physical force or intimidation may not have been present.

The Stigma and Shame Surrounding Sexual Violence in Japan

In Japan, survivors of sexual violence often face immense stigma and shame, which can make them reluctant to come forward and report their experiences. A government survey conducted in 2021 revealed that only about 6% of men and women reported assaults to the police. Nearly half of the women cited “embarrassment” as a reason for not reporting.

Furthermore, survivors have shared stories of being humiliated, revictimized, and even coerced into dropping their cases by police during the process of giving testimony. The current legal threshold of “assault and violence” also results in acquittals for a significant number of cases. These factors contribute to a culture of silence and impunity which perpetuates the cycle of sexual violence.

A Survivor-Centered Approach

To address these shortcomings and promote justice for survivors, the Japanese government should revise its laws on rape and sexual violence to align with international human rights standards. A survivor-centered approach is crucial in ensuring access to justice and support for survivors. This approach should include:

1. A Definition Based on Lack of Consent

A clear and unequivocal definition of rape that centers around the absence of consent should be established. This definition should encompass a range of nonconsensual sexual acts and avoid overly complex categorizations that can further confuse survivors and hinder prosecutions.

2. Training for Law Enforcement

Law enforcement agencies should be trained to receive testimonies from survivors without revictimizing them. Sensitivity training should be provided to police officers, ensuring they have the necessary skills to handle such delicate situations with empathy and understanding.

3. Commitment to Prosecution

Prosecutors should demonstrate a strong commitment to bringing perpetrators to justice. This commitment includes conducting thorough investigations, prosecuting cases based on the evidence available, and actively engaging with survivors throughout the legal process.

4. Access to Services and Support

All survivors should have access to comprehensive services and support, including medical care, counseling, and legal aid. It is crucial to provide survivors with the resources they need to heal and rebuild their lives.

The Path Forward

By recognizing nonconsensual intercourse as rape and adopting a survivor-centered approach, Japan has the opportunity to make significant progress in addressing sexual violence and supporting survivors. Harmonizing national legislation with international human rights standards is not only a moral imperative but also crucial for societal progress and the well-being of its citizens.

By enacting these necessary reforms, Japan can become a global leader in combating sexual violence and ensuring justice for survivors. It is time for the Japanese government to listen to the voices and experiences of survivors and take meaningful action towards a more just and equitable society.

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