The Japanese Parliament approved this June 16 a reform with which for the first time the Penal Code takes consent into consideration as a key to define whether a sexual assault was committed or not, regardless of the use of force. The Legislative also increases from 13 to 16 the minimum age for sexual consent. On the other hand, parliamentarians approved a controversial LGBTIQ+ bill, amid accusations that it would encourage discrimination against the community.
Japan tries to make clear the criminality of sexual actions when they are not consensual.
This is an element that until now was not decisive before the law to punish different crimes in this matter, which favored acquittal in cases of rape and triggered massive protests in the country in recent years.
Until now, one of the most criticized points of Japanese law was that prosecutors had to prove that the defendants engaged in “violence and intimidation” to consider it a crime.
In case the sexual assault was committed taking advantage of the loss of consciousness or the ambiguous “capacity to resist”, this was considered a less serious transgression.
Now, with the reform to the penal code approved by Parliament this Friday, June 16, changes the definition of the current crime from “forced sexual intercourse” to “non-consensual sexual intercourse”.
Japanese lawyers on Friday adopted legislation to raise the country’s age of sexual consent to 16 from 13, an age limit that had remained unchanged since 1907 and was so low that it made Japan an outlier in the developed world. https://t.co/0QZUpGqjQL
—The Washington Post (@washingtonpost) June 16, 2023
In this sense, the norm includes eight new assumptions for which an attack of this nature can be considered a violation. Among them, and in addition to the violence, intimidation, threats to the victim, the use of alcohol or drugs and not giving enough time to refuse or resist.
Japan’s laws regarding sexual abuse came under particular criticism in 2019, after authorities acquitted a number of defendants on sexual offences.
The controversy led to the Flower Demo movement, which brought together groups of victims of sexual violence and their supporters to demand changes to the laws.
Now, those claiming voices are beginning to see changes.
Japan raises the minimum age of sexual consent from 13 to 16
Among developed countries, Japan has so far held the lowest limit for sexual consent with minors, which had been in force since 1907. With the change, the nation is in line with the globally approved average of 16 years of age.
The previous term of 13 years covered a wide range of abuses against girls and adolescents in the nation, as denounced by different organizations for the protection of women’s rights.
Therefore, the reform also penalizes those people who use money, intimidation or seduction for sexual purposes with minors under 16 years of age, thus targeting those who take advantage of their social status to reach their victims.
Under those circumstances, the perpetrators face imprisonment for up to one year or a fine of 500,000 yen, about $3,500.
Japanese lawyers on Friday adopted legislation to raise the country’s age of sexual consent to 16 from 13, an age limit that had remained unchanged since 1907 and was so low that it made Japan an outlier in the developed world. https://t.co/0QZUpGqjQL
—The Washington Post (@washingtonpost) June 16, 2023
But the reform also states that an individual who has had sexual intercourse with someone 13 to 15 years of age will only be punished if it is five years older or more than the youngest.
The changes also criminalize so-called “grooming” against minors. In other words, virtual contact with minors to gain their trust and then involve them in sexual activity.
Likewise, the reform includes strong measures against “photo voyeurism”, the so-called upskirting: filming or photographing under a skirt without consent and secretly recording sexual acts.
For the first time in a century, in 2017, the Japanese authorities revised their penal code and introduced some changes, but the reforms were branded as insufficient.
Parliament approves controversial bill to understand the LGBTIQ+ community
Japan, the only Group of Seven (G7) nation without legal protection for same-sex unions, also passed a bill that lawmakers say is aimed at promoting understanding of the LGBT community.Q+
However, the measure has generated strong rejection by human rights groups and members of the community, due to the changes made to the wording of the text that, according to their opponents, does not offer guarantees for their protection and, in Instead, it may tacitly encourage some forms of discrimination.
The initial draft stipulated that discrimination based on sexual orientation and gender identity “should not be tolerated”, but was changed to “there should be no unfair discrimination”. An implicit endorsement of intolerance, critics say.
“Although the original bill was not particularly significant, I thought it was better than nothing (…) But now I have started to think that it would be better to have nothing at all,” said Takeharu Kato, a lawyer and member of Marriage for all Japan, an activist group.
Japan’s parliament passes LGBT bill with opposition from rights groups and conservatives https://t.co/S286Ak4vyO
— EP International (@EPinternacional) June 16, 2023
Japan had pledged to pass the law before hosting the G7 leaders’ summit, which ran from May 19-21.
But amid disputes over the bill and its wording, the text was only submitted to Parliament for consideration the day before that meeting began.
The powerhouse has come under pressure from other G7 nations, especially the United States, to allow equal marriage. Leaders of the world’s largest economies say they fear Japan cannot remain competitive internationally without greater diversity, including representation from the LGBTIQ+ community.
Opinion polls in the country show that the vast majority of citizens approve of same-sex marriage, but that remains a debt on Japanese soil.
With Reuters, EFE and international media
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