Photo/Illutration Supporters of the plaintiff hold up “victory” signs following the Tokyo District Court’s ruling in a lawsuit filed by a former journalist, who claimed she was sexually assaulted by a Diet member’s aide, on April 24 in Tokyo’s Chiyoda Ward. (Yusuke Morishita)

The Tokyo District Court on April 24 sided with a former reporter who was sexually assaulted by a state-paid aide of a Diet member and ordered the central government to pay the woman 4.4 million yen ($30,600).

The court found that the sexual assault was committed in connection with the aide’s duties, and concluded that the government is liable for a tortious act committed by a national government employee in the course of employment.

According to the court’s ruling, the incident occurred in March 2020.

The assailant, who was in his 50s at the time, was an official aide of Kiyoshi Ueda, an Upper House member who is the former governor of Saitama Prefecture.

The woman was working as a reporter at a news organization covering politics and attended a dinner on March 24, 2020, that was part of news gathering on COVID-19 countermeasures. The aide and others were present. 

In the lawsuit where she sought 11 million yen from the central government, she said the aide groped her in a cab on their way home after dinner. 

He then summoned her to another dinner on March 27, 2020, saying he would provide her with information, and they dined alone.

The plaintiff said he took her to a nearby hotel where he sexually assaulted her after drinking during that second dinner.

The government countered the lawsuit by claiming that there was no evidence to support the sexual assault.

The aide was referred to prosecutors for indecent assault and other offenses based on the woman’s complaint, but he committed suicide shortly afterward, and the case was dropped.

The court found the woman’s testimony that she was “chased after getting out of a cab and fled to a nearby apartment building” to be highly credible, based on security camera footage and other evidence.

Based on the fact that the aide did not deny the allegation in an interview before his death, the court found that the sexual assault had occurred.

The government had argued, “It was inexplicable that the two had dinner together even three days after the damage was inflicted.”

However, the court rejected the claim, saying, “As a reporter, she had to cover Ueda’s movements.”

The court then concluded that the act of summoning a reporter to provide information fell within the duties of a government-paid political aide, and that the sexual assault took place in connection with his duties.

The woman’s side argued that Ueda also had a duty to supervise his aide, but the court did not recognize the claim.

In response to the lawsuit's outcome, the central government said, “We will take appropriate action after carefully examining the ruling.”

Ueda’s office commented, “Ueda himself is not a party to the lawsuit and cannot comment on the ruling.”

The woman said in a statement released after the judgment, “I am relieved.”

She also touched on the newsroom's culture and expectations she faced as a female reporter—handling things “smartly” by putting up with certain levels of sexual harassment and ignoring inappropriate remarks.

She shared that she had blamed herself many times, wondering, “Was it my fault for drinking during the news gathering?”

Yukiko Tsunoda, a lawyer who represents the woman and has long worked on the issue of the sexual victimization of women, said that the change in society likely influenced the court’s decision.

At a news conference held after the decision, Tsunoda cited the strong public criticism over the handling of disgraced former TV host Masahiro Nakai's sexual violence against a former female announcer at Fuji Television Network Inc.

She noted that more and more people clearly see the atmosphere in which it is "normal" for women to endure sexual abuse as a violation of their rights. 

For now, the woman’s lawyers mentioned the possibility of appealing the decision, criticizing the court for not recognizing Ueda's responsibility for his aide.

(This article was written by Saori Kuroda and Yusuke Morishita.)

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