Japan changed sexual assault laws, redefined non-consensual intercourse

Only yes means yes. This mentality should be the norm regarding sexual consent everywhere, but only a few Japanese people understand it. In Japan, people tend to assume they have permission to engage in sexual intercourse since non-verbal cues are a big part of Japanese culture as well as there is a lack of sex education.

Activists have been working to spread awareness of sexual consent in Japan, and finally, in July, the government amended the rape laws to protect victims.

Japan raised the age of consent to 16 from 13 and redefined sexual consent

To prove sexual assaults, the previous laws required victims to demonstrate that a perpetrator used violence or threats or made the victim unable to resist by using alcohol or drugs. In addition, the age of consent was 13 years old, which was low compared to the global standard.

In the new laws, the age of consent is 16, and it clearly states eight situations when a person’s consent is invalid as shown below. The new laws prioritize the rights of victims.

1. Involved with violence or threats.
2. Have disabilities.
3. Consume alcohol or drugs.
4. During sleep or unconsciousness.
5. There is no chance to resist.
6. Being shocked or frightened.
7. There are psychological reactions due to abuse.
8. A perpetrator exploits their economic or social status to engage in sexual intercourse.

This clarification is expected to benefit a larger number of victims since perpetrators frequently exploit their positions to create circumstances where the victims feel unable to refuse, leading to cases of sexual assault. Japanese society consists of hierarchical relationships (this hierarchy is based on age, position and social roles and affects how people interact and make decisions.). Therefore, for those with lower power than another, it is hard to refuse or even to report assaults.

Extended statute of limitations to protect young sexual assault survivors

Another outstanding amendment is to extend the statute of limitations by five years. Also, the new laws state that the statute of limitations doesn’t apply until a victim becomes 18 years old. While it can help those who experienced sexual abuse in childhood, there is an argument that the statute of limitations should not apply to sexual assaults entirely or at least while the victim continues to experience psychological distress due to the assault.

Conversely, some individuals express concerns about the potential for false accusations with this new law. There is a possibility, however, that those who should be protected foremost are unequivocally the sexual assault survivors.

In today’s Japan, even when victims come forward with their experiences, they often face victim blaming. Accusers claim that the victim shares some responsibility, they should have been able to resist or they should have reported the assault immediately. These types of secondary victimization are all too common.

In comparison to the global standards, there is still room for further revision in the future. Nevertheless, the new laws can be beneficial to spread the understanding of the “Only yes means yes” mentality and that consent is required each time regardless of the relationship with another.