Rape in Japan

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Rape in Japan is sexual assault involving sexual penetration carried out against a person without their consent in the nation. [1] Victims and perpetrators include Japanese citizens, residents, and foreign nationals from a wide range of backgrounds and every social class.

Contents

Some are victims of drugging, [2] gang rape, [3] torture, murder, sexual slavery, and sex trafficking in Japan as well slavery in Japan. Cybersex trafficking and coerced rape pornography [4] [5] are issues. Victims have been raped on public transportation [6] and in workplaces. [7] Victims suffer from physical and psychological trauma, ostracization, and, at times, suicide. [8] [7] The contraction of sexually transmitted diseases and unwanted pregnancies from rape have occurred. [7] Victims have lacked systemic support for counseling, therapy, and public services. [9] There has been victim blaming [10] and perpetuation of rape myths. [11]

Japanese courts have been criticized for handing out light sentences [11] and acquitting perpetrators. [12] Some Japanese law enforcement have been censured for their lack of care concerning rape victim reports and investigations [9] Japanese police have discouraged victims from reporting rapes. [13] Rape cases have been dropped by police, but victims pursue civil cases; some result in settlements or low compensation. [13] Victims who come forward have received backlash on social media and threats. [13]

The extent of rape in the nation is unknown because of the lack of reporting and other factors, but there have been incidents that reached the public's attention. [14]

History

Rape in Japan has been recorded from ancient times to the present. Ishikozume executions were carried out against alleged perpetrators of rape in Ancient Japan. [15] During the Edo period, power holders, such as Inoue Masamoto, raped women. During the Meiji, Taishō, and early Shōwa eras, rapes committed by Genzo Kurita, [16] Ryuun Daimai, [17] Satarō Fukiage, [18] Seisaku Nakamura, [19] and Yoshio Kodaira [20] received media attention.

Rape was committed by Imperial Japanese Armed Forces personnel throughout the Empire of Japan during the Asia–Pacific War. Comfort women from Japan and other nations were sex trafficked and sexually assaulted throughout the Japanese mainland and Japanese-occupied territories. [21] There was rape during the occupation of Japan and afterwards by United States Armed Forces personnel. The 1945 Katsuyama killing incident, [22] Yumiko-chan incident, [23] 1995 Okinawa rape incident, [24] and other occurrences were reported. Rapes continue to be committed in Japan by U.S. service members and contractors. [25] Rapes have led to protests against the US military presence in Okinawa and other prefectures. [26] Sexual assaults have also been committed by personnel in the Japan Self-Defense Forces [27] and by government workers. [28]

Juvenile and adult rapes in the country's post-war included, but were not limited to, the rape, torture, and murder of Junko Furuta, [14] the Super Free incidents, [29] Johnny Kitagawa sexual abuse scandal, [30] and crimes committed by Joji Obara, [31] Kiyoshi Ōkubo, Koichi Shoji, [32] Mamoru Takuma, Masato Uchishiba, [33] Noriyuki Yamaguchi, [34] Yasunori Suzuki, [32] and Yukio Yamaji. [35]

Rape media have been produced in Japan. [36] [37]

Definitions

Types

In Japan, as in many other places, rapes can be divided into two main categories. One is "fushizen rape" (不自然), or relational rape, where the rape is carried out by a person the offended party already knows/has a relationship with and/or there is no particular physical violence involved. There is also "tsūjō rape" (通常), or assault rape, where you are, potentially violently, assaulted by an unknown person and the act of rape. It can be difficult to know where the difference lies between these. The majority of all rapes are relational rapes. [38] In Japan, marital rape was considered to be non-existent, because when the woman says yes to marriage it is seen as giving permanent consent to sexual contact and has thus given up sexual autonomy. Due to the permanent consent, it is believed that rape cannot take place in this situation.

The legislation and the definition in Japan of what an act of rape is has not been updated since the Penal Code came into being in 1907. According to the Japanese legislation, the legal definition of an act of rape (Article 177) [39] is when one uses force or threatening behavior to force oneself for vaginal intercourse. All other types of sexual abuse in Japan fall under the category of "Forcible Indecency", also called "indecent assault" (Article 176). [39] Because the terminology used is so broad, this category includes everything from groping ( chikan , 痴漢), to more serious sexual assaults such as rape by men etc. Thus, by legal definition, only women can be victims of rape and only men can rape.

Statistics

The Japanese rape statistics are 20 times lower than the US, [40] and the country has a very strong judicial system where over 99% of all criminal cases in court end in a conviction. [41] However, this comparison is misleading as there are significant differences in the legal definition of "rape" in the US and Japan (at least before the Penal Code reform of 2023) and a high under-reporting rate in Japan. [42]

Rape
YearKnown to policeClearancesArrests
1990154812741289
1995150014101160
2000226015401486
2005207614431074
200815901326951
200914151163918
201012931063803
20111193993768
201212661097858
201314091163937
201412501100919
201511671114933
2016989970875
201711091027910
2018130711901088
2019140513111178
2020133212971177
2021138813301251
2022165514011339
2023271120731875

[43] [44] [45] Cases where the perpetrator is a minor have their own statistical category, which means that no one between the ages of 14-19 is included in these figures.

Indecent assault
YearKnown to policeClearancesArrests
2007766435422240
2008713735552219
2009672335632129
2009668835632129
2010706836372189
2011692935502217
2012732139462451
2013765439672487
2014740043002602
2015675541292644
2016618842072799
2017580943202837
2018534042882923
2019490039992926
2020415437662760
2021428338682903
2022470840623067
2023609648133804

[46] [47] (Nearly 70% of the reported cases in this category are supposedly groping (called chikan , 痴漢) on public transport.)

Anti-Rape Efforts

Government Response

There has been an increase in sexual education discussing consent in schools. The government has organized public awareness campaigns. [9] Child pornography laws in Japan have been passed in an attempt to reduce the rape of adolescents for commercial purpose.

Activism and Advocacy

Individuals such as Shiori Itō [48] and Koyuki Higashi [49] have brought attention to the issues concerning rape in Japan.

Related Research Articles

Sexual assault is an act of sexual abuse in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault, and the torture of the person in a sexual manner.

Some victims of rape or other sexual violence incidents are male. Historically, rape was thought to be, and defined as, a crime committed solely against females. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than in the past.

Sexual violence is any harmful or unwanted sexual act—or attempt to obtain a sexual act through violence or coercion—or an act directed against a person's sexuality without their consent, by any individual regardless of their relationship to the victim. This includes forced engagement in sexual acts, attempted or completed, and may be physical, psychological, or verbal. It occurs in times of peace and armed conflict situations, is widespread, and is considered to be one of the most traumatic, pervasive, and most common human rights violations.

Victim blaming occurs when the victim of a crime or any wrongful act is held entirely or partially at fault for the harm that befell them. There is historical and current prejudice against the victims of domestic violence and sex crimes, such as the greater tendency to blame victims of rape than victims of robbery if victims and perpetrators knew each other prior to the commission of the crime. The Gay Panic Defense has also been used to justify violence against LGBTQ people.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

Rape can be categorized in different ways: for example, by reference to the situation in which it occurs, by the identity or characteristics of the victim, and by the identity or characteristics of the perpetrator. These categories are referred to as types of rape. The types described below are not mutually exclusive: a given rape can fit into multiple categories, by for example being both a prison rape and a gang rape, or both a custodial rape and the rape of a child.

Statistics on rape and other acts of sexual assault are commonly available in industrialized countries, and have become better documented throughout the world. Inconsistent definitions of rape, different rates of reporting, recording, prosecution and conviction for rape can create controversial statistical disparities, and lead to accusations that many rape statistics are unreliable or misleading.

<span class="mw-page-title-main">Rape</span> Type of sexual assault usually involving sexual intercourse without consent

Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term rape is sometimes casually inaccurately used interchangeably with the term sexual assault.

<span class="mw-page-title-main">Yoshio Kodaira</span> Japanese serial killer and rapist

Yoshio Kodaira was a Japanese serial killer, serial rapist, and war criminal who murdered at least 8 people in the Tokyo and Tochigi Prefecture areas between 1932 and 1946.

<span class="mw-page-title-main">Wartime sexual violence</span> Acts of sexual violence committed by combatants during armed conflict, war or military occupation

Wartime sexual violence is rape or other forms of sexual violence committed by combatants during an armed conflict, war, or military occupation often as spoils of war, but sometimes, particularly in ethnic conflict, the phenomenon has broader sociological motives. Wartime sexual violence may also include gang rape and rape with objects. It is distinguished from sexual harassment, sexual assaults and rape committed amongst troops in military service.

Allied and Japanese troops committed a number of rapes during the Battle of Okinawa during the last months of the Pacific War and the subsequent Allied occupation of Japan. The Allies occupied Japan until 1952 following the end of World War II and Okinawa Prefecture remained under US governance for two decades after.

Punishment for rape in Pakistan under the Pakistani laws is either death penalty or imprisonment of between ten and twenty-five years. For cases related to gang rape, the punishment is either death penalty or life imprisonment. DNA test and other scientific evidence are used in prosecuting rape cases in Pakistan.

Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.

Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.

In 2007, the U.S. Department of State reported 31,833 rapes in China, but no similar report by the Chinese government has been made available. Same-sex sexual assault between male adults was made illegal in late 2015. Domestic and foreign victims of sex trafficking in China are raped.

<span class="mw-page-title-main">Sexual violence in Finland</span> Overview of sexual violence in Finland

Sexual violence means that someone forces or manipulates someone else into unwanted sexual activity without their consent. Such violence can take place in both heterosexual and homosexual relationships, as well as outside intimate relationships. All sexual offenses violate the basic right of sexual self-determination. In Finland, sexual violence and taking advantage of a person is always a crime, even if the assaulter was the victim's spouse, relative or their friend. Sexual offences include but are not limited to rape, forcing someone into a sexual act and taking sexual advantage of a person. The victims of sexual violence are predominantly women, but 26 percent of Finnish men have experienced sexual harassment since their 15th birthday.

Unacknowledged rape is defined as a sexual experience that meets the legal definition of rape, but is not labeled as rape by the victim, either at the time or afterward. This response is more frequently recognized among victims of acquaintance rape, date rape or marital rape.

After a sexual assault or rape, victims are often subjected to scrutiny and, in some cases, mistreatment. Victims undergo medical examinations and are interviewed by police. If there is a criminal trial, victims suffer a loss of privacy, and their credibility may be challenged. Victims may also become the target of slut-shaming, abuse, social stigmatization, sexual slurs and cyberbullying. These factors, contributing to a rape culture, are among some of the reasons that may contribute up to 80% of all rapes going unreported in the U.S, according to a 2016 study done by the U.S. Department of Justice.

Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.

Rape in Taiwan is sexual assault involving sexual penetration carried out against a person without their consent in the nation. Victims and perpetrators include Taiwan citizens, residents, and foreign nationals from a wide range of backgrounds and every social class.

References

  1. ↑ Yeung, Jessie; Ishikawa, Eru (17 June 2023). "Why Japan is rethinking its rape laws and raising the age of consent from 13". CNN.
  2. ↑ "Japan to launch sexual abuse hotline amid surge in 'date rape drug' cases". Tokyo Reporter. 31 August 2020.
  3. ↑ "Filipino man gets life term over 2004 gang rape-murder". Kyodo News. 25 July 2018.
  4. ↑ "I could only cry: Japanese actor on how she was tricked into porn industry". Hindustan Times . AFP, Tokyo. 2016-10-05.
  5. ↑ "'It was like rape': Women in Japan tricked into pornography". ABC News. 10 June 2017. Retrieved 10 June 2017.
  6. ↑ Ekin, Annette (8 Mar 2017). "Sexual assault in Japan: 'Every girl was a victim'". Al Jazeera.
  7. 1 2 3 "Cambodian trainee to sue farm manager in Japan over repeated rapes". Bangkok Post. 10 December 2024.
  8. ↑ Osawa, Machiko (10 April 2024). "Landmark sexual violence survey reveals shocking data". The Japan Times.
  9. 1 2 3 Yeung, Jessie; Ishikawa, Eru (17 June 2023). "Why Japan is rethinking its rape laws and raising the age of consent from 13". CNN.
  10. ↑ Wong, Tessa; Shiraishi, Sakiko (6 June 2023). "Why is Japan redefining rape?". BBC.
  11. 1 2 Fujioka, Chisa (9 August 2007). "Little sympathy for rape victims in Japan". Reuters.
  12. ↑ Wong, Tessa; Shiraishi, Sakiko (6 June 2023). "Why is Japan redefining rape?". BBC.
  13. 1 2 3 Hollingsworth, Julia (22 December 2019). "She won a civil case against her alleged rapist. But Japan's rape laws need an overhaul, campaigners say". CNN.
  14. 1 2 Asahi Shimbun, 21 April 1989, evening edition, p. 19, "波紋広がる女高生殺人 少年法改正の論議が活発に [High school girl murder causes controversy; active debate over juvenile law reform]"
  15. ↑ Byron, Earhart (1966). "1966". Numen. 13 (2): 116–127. JSTOR   3269418.
  16. ↑ 第024回国会 法務委員会公聴会 第2号 (in Japanese). National Diet Library. 1956-05-10. Archived from the original on 2019-12-10.
  17. ↑ Meiji, Taisho, Showa, Heisei Case and Crime Encyclopedia. Tokyo Law and Economics School. 2002. p. 110. ISBN   4-8089-4003-5.
  18. ↑ Atsushi Hachisu (January 1994). "Satarō Fukiage" (in Japanese). Archived from the original on 2007-08-17.
  19. ↑ 異色の少年犯罪本、ネット発で好評 (in Japanese). Asahi Shimbun. 2008-02-09.
  20. ↑ Finbow, Steve (12 August 2007). "A dark dissection of Tokyo at war". The Japan Times.
  21. ↑ The Asian Women's Fund. "Who were the Comfort Women?-The Establishment of Comfort Stations". Digital Museum The Comfort Women Issue and the Asian Women's Fund. The Asian Women's Fund. Retrieved 9 December 2024.
  22. ↑ Sims, Calvin (1 June 2000). "3 Dead Marines and a Secret of Wartime Okinawa". The New York Times.
  23. ↑ "Soldier to Die for Rape-Slaying of Okinawa Girl". Kingsport Times. 6 December 1955.
  24. ↑ Watanabe, Teresa (28 October 1995). ""Okinawa Rape Suspect's Lawyer Gives Dark Account: Japan: Attorney of accused Marine says co-defendant admitted assaulting 12-year-old girl 'just for fun'". Los Angeles Times.
  25. ↑ "Second U.S. service member in months charged with rape in Japan's Okinawa: "We are outraged"". CBS News. 28 June 2024.
  26. ↑ Kageyama, Yuri (19 June 2016). "Massive protest on Okinawa opposes US military after killing". The Associated Press.
  27. ↑ "Rina Gonoi sexual assault: Japan court finds soldiers guilty in landmark case". The Guardian. 12 December 2023.
  28. ↑ Karin, Kaneko (13 May 2024). "Ex-METI bureaucrat given 10-year sentence for drugging and raping women". The Japan Times.
  29. ↑ "Japan searches soul after divisive rape case". The Sydney Morning Herald. 5 July 2003.
  30. ↑ Khalil, Shaimaa (8 September 2023). "Johnny Kitagawa's sexual abuse: Japan's worst kept secret". BBC.
  31. ↑ "Obara pleads innocent to rape". Japan Times . December 15, 2000.
  32. 1 2 Murakami, Sakura (2 August 2019). "Hangings carried out for two Japanese death row inmates convicted of multiple rape-murders". The Japan Times. Archived from the original on 20 November 2020.
  33. ↑ "Japan Olympic judo champion jailed for raping student". BBC. 1 February 2013.
  34. ↑ Osumi, Magdalena (18 December 2019). "Japan journalist Shiori Ito awarded ¥3.3 million in damages in high-profile rape case". The Japan Times Online. ISSN   0447-5763 . Retrieved 18 December 2019.
  35. ↑ Jordan, Alec (12 July 2015). "Should School-Age Killers Be Tried as Adults?". Tokyo Weekender.
  36. ↑ "Party sets up a team to strengthen restriction on sexual violence games (性暴力ゲーム規制強化へ、与党が流通歯止め検討チーム)" (in Japanese). Yomiuri Shimbun. Archived from the original on 2009-05-30.
  37. ↑ Weisser, Thomas; Yuko Mihara Weisser (1998). Japanese Cinema Encyclopedia: The Sex Films. Miami: Vital Books : Asian Cult Cinema Publications. pp. 468–469. ISBN   1-889288-52-7.
  38. ↑ Tokyo Rape Crisis Center, archived from the original on 2013-06-03, retrieved 2013-05-08
  39. 1 2 Penal Code of Japan
  40. ↑ Crisis intervention center., archived from the original on 2013-04-11, retrieved 2013-05-07
  41. ↑ Ramseyer,J. Mark and Rasmusen,Eric B.(2001), 'Why Is the Japanese Conviction Rate So High?', The Journal of Legal Studies, Vol. 30, No. 1 (January 2001), pp. 53-88 (18.april 2013)
  42. ↑ Johnson, David T. (2024-08-01). "Is rape a crime in Japan?" (PDF). International Journal of Asian Studies. Cambridge University Press: 1–16. doi:10.1017/S1479591423000554 . Retrieved 2025-01-03.
  43. ↑ Ministry of Internal Affairs and Communication;Statistics Bureau, Director-General for Policy Planning(statistical standards) & Statistical Reaseach and Training Institute: Chapter 25 Justice and Police, 25-1 Crime Cases Known to the Police, Cases Cleared up and Arrestees by Type of Crime, (21. april 2013) Archived 2015-11-13(Date mismatch) at the Wayback Machine
  44. ↑ Crimes in Japan in 2016 page 21
  45. ↑ Statistical data on criminal offenses in 2023 page 21
  46. ↑ Page 53
  47. ↑ page 50
  48. ↑ Hollingsworth, Julia; Ogura, Junko (18 December 2019). "Japanese #MeToo symbol wins civil court case two years after she accused a prominent journalist of raping her". CNN.
  49. ↑ Ito, Masami (13 September 2014). "'No child ever deserves to be abused like this'". The Japan Times.
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