Justice Minister Yoko Kamikawa recently consulted the Legislative Council of the Ministry of Justice regarding revisions to the Penal Code and other legal regulations, which stipulate punishments for sex crimes. Punishments were previously toughened under a 2017 revision to the law, but there remain deficiencies, and in many cases proper punishments have not been handed out.
Victims should not be left to cry themselves to sleep. Based on the actual situation surrounding sexual violence, a mechanism should immediately be established so that the damage is not overlooked.
Many issues need to be reviewed, including the range of acts that are subject to punishment. The crime of forcible sexual intercourse under the Penal Code applies only if there was assault or intimidation. But even in cases without such actions, victims often cannot resist due to fear and shock.
Victims' groups are demanding that sexual intercourse without consent of the victim be considered a criminal offense.
There are endless examples of seniors and teachers abusing their positions to perpetrate sexual violence. Subordinates and students who fall victim are in weaker positions, making it difficult for them to seek help. There are no provisions that can be directly applied in such cases.
It is also essential to respond to sexual violence toward children. There have been cases where the victim didn't realize what was happening at the time and finally recognized the damage more than 10 years later. Nevertheless, the statute of limitations for forcible sexual intercourse is set at 10 years, acting as a barrier for penalizing such acts.
Currently in Japan, sexual activity involving children under the age of 13 is considered punishable in any case. However, some say it is necessary to raise the age of consent.
There is deep-rooted caution over such legal revisions. If sexual intercourse without consent is criminalized, the question of how to prove that the victim did not agree to the act arises as a problem.
Opinions were divided at the Ministry of Justice's expert meeting, and a report compiled this past May did not provide a clear course of action, with both pros and cons being stated.
But the damage caused by sexual violence is serious. In a survey conducted by the Cabinet Office last year, one in 14 women said they "were forced to have sexual intercourse." There is an urgent need for measures to prevent such damage.
Following repeated acquittals in cases involving sexual violence in 2019, "flower demo" rallies to protest against sexual abuse spread across Japan. It is essential to seriously consider the opinions of those who have raised their voices. We must advance discussions with consideration to victims, while referring to the advanced efforts of foreign countries, which could lead to the effective revision of the law.
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