Japan has passed laws that redefine rape and raise the age of consent in a landmark overhaul of sex crime laws.
The definition of rape hasbroadened to “non-consensual sexual intercourse” from “forcible sexual intercourse”. Thus, aligning Japanese law’s definition with other countries.
The legal age of consent, previously at only 13, has raised to 16 years.
Previous laws did not protect those coerced into having sex and deterred reporting of such attacks, critics say.
They have also led to inconsistent court decisions, fuelling calls for change.
The new laws passed by the upper house of the Diet – Japan’s parliament – on Friday.
They explicitly outline eight scenarios where it is difficult for a victim to “form, express. Or fulfil an intention not to consent” to sexual intercourse.
These include situations the victim intoxicated with alcohol or drugs; or subject to violence or threats; or “frightened or astonished”.
Another scenario appears to describe an abuse of power, where the victim “worried” of the consequences of refusal.
Punishments and Law
Previously, Japan had one of the lowest age of consent among developed nations. However, a person who has sex with a minor aged 13 to 15 will be punished only if the person five or more years older than the minor.
Meanwhile, the statute of limitations or legal window for reporting rape will extended to 15 years from 10 years, to give survivors more time to come forward.
The changes also ban “photo voyeurism” which includes upskirting and secret filming of sexual acts, among other things.
It follows multiple rape acquittals in 2019 that caused national outcry and helped spur a nationwide Flower Demo campaign against sexual violence. On the 11th day of every month since April 2019, activists have gathered throughout Japan to demand justice and show solidarity with sexual assault survivors.
Attackers too should receive support to prevent recidivism, she added.