Japan rethinking age of consent

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From CNN

Tokyo, JapanCNN — 

When Kaneko Miyuki reported her sexual assault as a seven-year-old in Japan, she remembers the police laughing at her. “I was already confused and scared,” she said. “They wouldn’t take me seriously as a child.”

The following investigation made things worse. After being questioned, she was taken back to the scene of her assault without a guardian present, against all modern guidelines.

The police never did bring her attacker to justice. The whole experience was so traumatizing for Kaneko that she repressed her memory of it until she began having flashbacks in her twenties, and didn’t come to terms with the fact she had been sexually assaulted until her 40s.

Kaneko is among countless Japanese women who say their experiences of sexual assault and abuse were ignored because they “didn’t fit the criteria” of a victim. About 95% of survivors never report their assault to police, and nearly 60% never tell anyone at all, according to a 2020 government survey.

But that could be about to change. On Friday, the Japanese parliament passed a raft of bills overhauling the country’s sex crime laws, long criticized as outdated and restrictive, reflecting conservative social attitudes that often stigmatize and cast doubt on victims. 

The new laws expand the definition of rape to place greater emphasis on the concept of consent; introduce national legislation against taking explicit photos with hidden cameras; and raise the age of consent to 16. The previous age of consent, at 13, had been among the lowest in the developed world. It marks a major victory for sexual assault survivors and activists, some of whom have spent decades lobbying for these changes.

The new law replaces “forcible sexual intercourse” with “non-consensual sexual intercourse,” and expands the definition of assault to include victims under the influence of alcohol or drugs, those with mental or physical disorders, and those intimidated through their attacker’s economic or social status. It also includes those unable to voice resistance due to shock or other “psychological reactions.

Other major changes include raising the age of consent to 16 years old except for when both parties are underage – on par with many US states and European nations including the United Kingdom, Finland and Norway.

The amendments also expand protections for minors, establishing grooming as a crime for the first time. They further criminalize activity like asking those under 16 for sexual images, or asking to visit a minor for sexual purposes. It also makes it easier to prosecute people accused of taking or distributing photos of a sexual nature without the subject’s knowledge or consent – a hot button issue in Japan where upskirting and hidden cameras taking explicit photos of women has long been a problem.