Photo/Illutration A participant of a “Flower Demonstration” holds flowers and a sign in front of the Justice Ministry’s building in Tokyo’s Chiyoda Ward on March 8, 2021, to call for legal revisions to make all forms of non-consensual sex punishable crimes. (Asahi Shimbun file photo)

Rape is a heinous crime that can cause incalculable emotional and physical damage to the victim. This awareness must lie at the heart of moves to eliminate sexual victimization.

Last week, the Diet enacted legal revisions to the nation’s criminal code to ensure sex crimes are punished severely. What was termed “forced sexual intercourse” in the past was changed to “sexual intercourse without consent.” Likewise, “forced act of indecency” became “act of indecency without consent.” These changes focused on the essential issue of violation of sexual freedom.

The revisions also cited specific situations where the victim would have difficulty expressing refusal to engage in sex, such as being deprived of the chance to say “No,” being in a state of shock and terror, and the offender taking advantage of their superior economic or social status. Any act conducted under any of these conditions constitutes a sex crime.

In the past, legal decisions were often inconsistent because they were based mainly on how vigorously the victims fought their attackers.

In 2017, Japan revised its criminal code on sexual crimes for the first time in 110 years. The crime of rape was renamed “forcible sex” and male victims were recognized for the first time; the minimum statutory penalty was increased; and it became possible for public prosecutors to indict the offender without requiring the victim to file a complaint.

The latest revisions were made in response--albeit belatedly--to the growing spread and gravity of sex crimes as pointed out by victims in the global #MeToo movement and the “flower demo” movement in Japan.

The revisions also represent a tougher stand against sex crimes targeting children. The age of sexual consent was recently raised from 13 to 16, and any offense against a minor under the age of 16 was made punishable, while a new charge of “sexual grooming” was established to deal with perpetrators who approach under-16 youngsters through social media for salacious reasons.

The ease with which social media allows would-be sex offenders to become acquainted with minors who are total strangers is creating a hotbed of sex crimes. On the other hand, since it is not always easy to gauge prurient intent from an innocent and genuinely well-meant wish to communicate, some situations call for careful observation.

Sex crimes are often committed by people known to the victims. But sexual intercourse, an intimate act, becomes an unforgivable act of violence if conducted in disregard of the other person’s wishes or feelings.

Schools should play a central role in educating people on what actions differentiate offenders from victims.

There is still no end to situations where the victim has nobody to turn to for help. The alleged scandals involving talent agency Johnny & Associates Inc. indicate that crimes tend to be committed and perpetuated where sex predators are able to take advantage of their superior status in relationships.

Around the nation, there are so-called one-step support centers where victims should go immediately after they are violated. This is to ensure they can receive legal aid, medical attention and counselling. We hope such facilities will become more familiar to anyone in need.

Facing the present reality of sex crimes squarely will help lead to their elimination in the future.

--The Asahi Shimbun, June 21

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