Sexual violence in Japan and how law is still playing catch up

Sexual violence and inadequacy in Japan has become a growing issue over the past twenty years. Although this may be true, laws in Japan have been slow to change and lag behind other global, developed nations around the world. Moreover, there are still laws in Japan that some may consider to do more hard than good for victims.

Although Japan has one of the world’s leading economies and is considered a nation on par with other developed nations, social constructs for both men and women could be seen as archaic in comparison to other countries. It is important to explore awareness and inequality of sexual violence in Japan, as well as what groups and other collectives are doing in the fight for equality and justice for women.

Playing catch up in addressing sexual violence

Although times are slowly changing in Japan, some things may be hard for the country to grasp. In countries such as those in Western Europe or North America, sexual violence is treated as a serious issue, of which the public openly speaks. Many individuals in Japan are beginning to raise their voices about violent acts such as rape, but many victims still might feel as though openly speaking on such acts may draw embarrassment or shame. Many victims in Japan might not feel the urge to bring on troubles that might be considered too taboo.

Another factor to consider is the patriatrical foundation on which Japanese culture and society has been constructed. There is a lopsided view of both men and women in workspaces, schools and social gatherings. Thus it is not difficult to identify gender specific roles that still play a large part in the everyday life of the average Japanese citizen. The unequal balance between both men and women is not an aspect bound to Japanese society, but also to Japanese law.

Outdated rape law in modern times

It’s also a fundamental idea to gather some clarification regarding the rape laws in Japan. The rape laws in Japan remained unchanged for over a century. Japan’s rape laws were enacted in 1907 and were finally changed in 2017. For more than one hundred years, rape in Japan was defined as violent penetration by a male against a female. This law was extremely limited with regard to many male victims who could not press charges themselves; furthermore, many women were obviously not able to press charges as well.

In addition, the imprisonment for indicted suspects jumped from three to five years. The amended law has seen some changes that are in the right direction in order to help victims of sexual violence in Japan. Males are now able to file rape complaints, and however, many Japanese feel that these amendments are not enough and more still needs to be done. It is easy to understand why when the incarceration rate for rape suspects is still quite low in Japan.

Speaking out, and the rise of #MeToo in Japan

Over the past twenty years, an ever increasing number of women are beginning to speak out about sexual violence in Japan. This comes as a shock to many from Japan, as most victims have explained that they will keep stories of sexual assault to themselves. Through the courageous voices of many women across Japan, victims and proponents of awareness of sexual violence in Japan are continuing to grow.

More women, as well as men, are beginning to speak out against the inadequacies in not only Japan’s legal system, but also within society on a national level. Shiori Ito sent shockwaves throughout Japan in 2017 with her allegations against Noriyuki Yamaguchi. Her rape allegations and her strength to come forward regarding her experiences has since sent shockwaves throughout the country and have given victims, especially women, the confidence to come forward with their own stories. Rape allegations saw a 26 percent rise in Japan. This may be a direct effect that is attributable to both the amendments of the rape allegation law and Shiori Ito. However, there are many factors and groups who have advocated for better treatment toward victims of sexual violence.

Flower Demo, Japan’s march against sexual violence law inadequacy

One leading example of groups looking to make their voices heard is the Flower Demo. After celebrating its one year anniversary on March 8, 2020, which is also International Women’s Day. The Flower Demo has done an astonishing job helping women voice their opinions on sexual violence. The organization encourages women to speak their own story regarding unwanted sexual attention and violence. Furthermore, thanks to the organization’s efforts, demonstrations have now spread in more than 33 different prefectures.

東京駅前での #フラワーデモ を取材。今回は新型コロナ対策でオンラインデモという形式でした。
北原みのりさん@minorikitaharaや山本潤さん@biwayouのスピーチを4分ほどの動画にまとめました。動画はこちらから→https://t.co/WLsrRg7hRU pic.twitter.com/vGeWQWoTuw

— 後藤由耶? (@yoshiyagotoh) March 8, 2020

Although the Flower Demo has been active for just over a year, the traction and following has evolved into a movement that may create laws that are more progressive than those enacted currently and in the past. The Flower Demo also operates a twitter feed that provides information on demonstrations, laws dealing with sexual violence and legal inadequacy and support from similar movements located in other parts of the world.

The Flower Demo website also has a section where some stories are given in detail. One woman spoke about her negative experience with her brother-in-law. After being subjected to lewd behavior. Because he was the brother of her husband, it took around a year before she tried filing a police report. Unfortunately, according to her statement, the detective spoke of how placing a claim could cost her a tremendous amount of money, as well as time.

The fight continues

Justice for sexual violence is moving in the right direction in Japan. Unfortunately, stories of unfair treatment by police, a hampered judicial system and strict social norms, Japan may be moving slower than other nations at combating sexual violence. The laws and some cultural aspects may have to adjust in order to provide a safe space that will grant all victims their right to justice. However, Japan may experience a shift what it considers tradition and culture now that the voices of victims are being heard.