Photo/Illutration The Justice Ministry’s building (Asahi Shimbun file photo)

One-third of sexual assaults against disabled people are committed by assailants who are supposed to be caring for and supporting the victims, according to a Justice Ministry survey.

Such perpetrators take advantage of their positions and exploit their victims’ difficulties in reporting or even recognizing the abuse, according to the survey.

In July 2024, a 72-year-old driver of a welfare facility’s vehicle attacked a passenger in her 20s while they were alone in Koganei, western Tokyo.

The facility supports disabled people, and the driver was assigned to take them to their homes.

On the day of the assault, he reportedly changed the drop-off order so that he would be alone with the woman.

He was later arrested and charged with non-consensual sexual intercourse.

In July this year, the Tachikawa Branch of the Tokyo District Court sentenced the man to five years in prison, as requested by the prosecution.

In court, the man explained that he believed he had obtained consent from the woman, but he also stated, “To be honest, I didn’t think the victim completely understood.”

The court ruling said the assailant took advantage of the fact that the victim, who has an intellectual disability, could not fully understand the meaning of the sexual act.

Neither the defendant nor the prosecution appealed, and the sentence has been finalized.

People with intellectual disabilities may not be able to recognize that they have been victimized. They may also be unable to verbally communicate the abuse to others.

Another woman with an intellectual disability sued the director of a welfare facility in Tokyo, saying he had routinely touched her body.

In August 2024, the Tokyo District Court recognized the director’s sexual abuse and ordered him and the facility’s operating company to pay 1.8 million yen ($12,220) in compensation to the victim.

In Oita Prefecture, a male nurse was charged with non-consensual sexual intercourse with a girl with a severe intellectual disability who was residing at a medical care facility for disabled children.

In December, the Oita District Court sentenced him to five years in prison.

The survey, released in March by the Justice Ministry’s Research and Training Institute, examined sexual assault cases involving disabled victims that resulted in guilty verdicts between 2018 and 2022.

Perpetrators who were “support-related personnel” accounted for 33 percent of the cases, the highest percentage.

The most common location where the abuse first occurred was “at school, work or a facility,” accounting for 27.8 percent of the cases.

In cases involving victims with intellectual disabilities, only 36.5 percent of them were able to recognize that they were being abused. That means a significant number of assaults are likely never brought to light.

To prevent sexual abuse, a report in the survey proposes creating an environment where “individuals are not left alone” and using digital devices.

To eliminate “blind spots,” the report suggests the following measures: installing security cameras in workplaces and facilities; equipping transport vehicles with drive recorders; and restructuring facilities and the placement of staff to avoid one-on-one situations between disabled individuals and supporters.

However, the risk of abuse remains even if these measures are taken.

When victims experience abuse, they may express their discomfort verbally or show behavioral changes through gestures.

“Detecting changes in a victim’s behavior at an early stage is directly linked to preventing abuse,” the report said. “While there are cases where supporters become perpetrators, it is also the people close to the victims who can protect them.”

Related News