Jakarta –
The Japanese Ministry of Justice has proposed that the legal age for sex be increased from 13 to 16 years. This is part of a wider overhaul of Japan’s laws on sex crimes.
Ministry of Justice official Yusuke Asanuma said this was “not meant to make it easier or harder” for victims to win rape cases but should make decisions more consistent.
It is planned that the government will pass the law in early summer. Despite potential changes to the age of consent, exceptions will still exist for sexual relations between people who are at least 13 years old and who have an age difference of less than five years.
Facts about increasing the legal age for intimate relationships in Japan
1. Changes to Old Rules
Old rules said having sex under the age of 13 was illegal regardless of consent. Meanwhile, sexual relations with persons aged 13 to 15 years will be punished if the perpetrator is five years or older.
The current Criminal Code stipulates that acts of ‘torture or threats’ must be used to constitute forced sexual intercourse and indecent assault. This is interpreted as an act that makes it very difficult for the victim to fight back. In this condition, there is a risk of the perpetrator being declared innocent because of the difficulty in identifying resistance by the victim.
Later, these rules for sexual offenders will be added. Sexual offenders will be punished if they ‘make it difficult for the victim to form, express or fulfill an intention not to consent’, or take advantage of such a situation.
The Ministry of Justice also suggested extending the time limit for reporting rape from 10 to 15 years to give survivors more time.
2. Aftermath of the 2019 Case Protest
Quoted from The Guardian, this rule change was the result of widespread protests over the low penalties for sex predators in 2019. A man in Nagoya was acquitted after being accused of having sex with his teenage daughter, even though the court agreed that it was against his will.
After filing an appeal, the man was sent to jail. The court sentenced him to 10 years in prison.
In another case, a man was found not guilty of raping a woman who fainted from drinking because she ‘misunderstood’ that she agreed to have sex.
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