- By Tessa Wong and Sakiko Shiraishi
- BBC News, Tokyo and Singapore
9 hours ago
Image Source: BBC News / Tessa Wong
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Megumi Okano hopes for change in Japan
Warning: This article contains details that may concern some readers.
Days after they were raped, Megumi Okano says they already knew the attacker would get away with it.
Megumi, who uses them as a personal pronoun, knew the man who did it and where to find him. But Megumi also knew there wouldn’t be a case, as the Japanese authorities probably wouldn’t consider what happened to be a rape.
Therefore, the student decided not to report the incident to the police.
“Because I couldn’t go on [justice] In this way he could lead a free and simple life. It hurts me,” says Megumi.
But there could be a change. Japan’s parliament is currently debating a landmark bill to reform the country’s sexual assault laws, only the second such revision in a century.
The bill includes a number of changes, but the largest and most significant is for lawmakers to redefine rape from “violent sexual intercourse” to “non-consensual sexual intercourse” — and legally so in a society where the concept is still poorly represented Makes room for consent understood.
Current Japanese law defines rape as sexual intercourse or indecent acts committed “violently” and “by physical harm or intimidation” or by taking advantage of a person’s “unconsciousness or inability to resist.”
This is at odds with many other countries, which define it more broadly as any non-consensual sex or act – where “no” means “no”.
Activists argue that Japan’s narrow definition has led to an even narrower interpretation of the law by prosecutors and judges, raising the bar for justice unimaginably high and fostering a culture of skepticism that discourages survivors from reporting their assaults.
For example, in one case in Tokyo in 2014, a man pinned a 15-year-old girl to a wall and had sex with her while she fought back. He was cleared of the rape charge as the court ruled his actions did not make it “extremely difficult” for her to resist. The teenager was treated as an adult as the age of consent in Japan is just 13 – the lowest among the world’s wealthiest democracies.
“Actual trial procedures and decisions vary — some defendants were not convicted even when their actions were found not to be consensual because they did not engage in ‘assault or intimidation,'” said Yuu Tadokoro, a Spring spokesman. a group of sexual assault survivors.
That’s why Megumi says they didn’t go to the police after a fellow student assaulted them.
According to Megumi, the two were watching TV together when he started making sexual advances to Megumi, who however said “no”.
Then he attacked. The two “wrestled” for a while, Megumi says, before Megumi froze and gave up resisting. This well-documented response to an attack is sometimes not covered by current law, activists say.
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Current Japanese law has long barred women from reporting assaults, activists say
In the days that followed, Megumi – a law student – pored over the penal code and precedents, realizing that what had happened fell short of court standards of “assault and intimidation”.
They had also heard from survivors who experienced victimization and “second rapes” in Japanese investigations – in which survivors are re-traumatized when they encounter insensitivity from police or hospital staff.
“I didn’t want to go through that process [of an investigation] for my little hope of justice. That’s why I didn’t go to the police. “I wasn’t even sure if my report would be accepted,” they say.
Instead, Megumi says, they went to the university’s harassment counseling center, which launched an investigation and concluded that the attacker had committed rape.
When the BBC responded, the center declined to comment on the case, citing confidentiality.
By the time the investigation was complete, the attacker had already graduated, so Megumi says he faced few consequences other than a warning. “I was disappointed that I couldn’t get this person to adequately repent for what he did through criminal justice.”
A call for change
Megumi is not alone. In Japan, only a third of cases recognized as rape result in a prosecution, slightly below the overall prosecution rate.
But there is a growing public call for change.
In 2019, the Japanese public was furious when a string of four sexual assault cases came to light within a month, each resulting in the acquittal of the alleged attacker.
In one case in Fukuoka, a man had sex with a woman who had passed out while intoxicated – which could be considered sexual assault elsewhere. The court heard that this was the woman’s first time attending a regular drinking session at a restaurant.
The man reportedly said he believed that at the event, known for its promiscuous sexual activity, “men could easily engage in sexual behavior,” and other witnesses to the incident did not dissuade him. He also assumes that the woman gave her consent because at some point during intercourse she opened her eyes and “made noises”.
In another case in Nagoya, where a father repeatedly had sex with his teenage daughter over many years, the court doubted he had “completely dominated” his daughter for choosing a school against her parents’ wishes, though she was a psychiatrist. She testified that she was generally mentally unable to resist her father.
Due to public outcry, most of these cases were retried and the attackers found guilty. A nationwide campaign called “Flower Demo” was launched by activists to show solidarity with survivors of sexual assault.
Activists say this, along with the burgeoning #MeToo movement and journalist Shiori Ito’s landmark victory, helped spark nationwide discussion of sexual assault and laid the groundwork for legal reform.
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Shiori Ito won her landmark rape trial in 2019
As part of the redefinition of rape, the new law specifically identifies eight scenarios in which it is difficult for the victim to “formulate, express, or fulfill an intention not to consent.”
This includes situations where the victim is under the influence of alcohol or drugs; or are subjected to violence or threats; or is “startled or amazed”. Another scenario appears to describe an abuse of power where the victim has “fears” that they will be disadvantaged if they do not comply.
In addition, the age of consent will be raised to 16 and the statute of limitations extended.
Some rights groups called for more clarity about the scenarios, saying they were too ambiguous. They also fear they will make it harder for prosecutors to prove the allegations. Others believe that the statute of limitations should be extended even further and that there should be more protection for minor survivors.
Still, the reforms, if passed, would mean a victory for those who have long campaigned for change.
“Just the fact that they are even changing the title of this law hopes people in Japan will start this discussion about: what is consent? What does non-consent mean?” says Kazuko Ito, vice president of Human Rights Now, based in Tokyo
But time is pressing. The upper house of the state legislature, Japan’s parliament, has until June 21 to pass the new law but is currently locked in a debate on immigration.
Missing that deadline would shake up sexual assault reforms. Activists last week condemned the delay as “unacceptable” and called on lawmakers to take immediate action.
Reshape ideas about sex
But the reforms only address part of the problem, say activists whose calls for change extend far beyond the courtroom.
Part of the problem, says Kazuko Ito, is that generations of Japanese have grown up with “a distorted notion of sex and sexual consent.”
On the one hand, sex education is mostly veiled and imparted modestly, and consent is rarely touched upon. And yet, Ms. Ito says, Japanese children have easy access to porn, in which an all-too-common depiction is that a woman enjoys having sex against her will.
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Scenes from a protest rally in 2019 following a string of rape acquittals
Japan should offer more financial and psychological support to survivors of sexual assault, says lawyer and barrister Sakura Kamitani.
But the attackers also need help, she adds. “Sex crimes have such a high recidivism rate, we need to focus on prevention or there would be more and more victims.”
But the bigger task ahead, campaigners say, is making sure the reforms are passed and implemented, and encouraging survivors to report cases.
“If this is a superficial change and the victims are not really saved, it would be devastating for the people,” says Ms. Ito.
Megumi says they would consider reporting their attack to the police if the law changes – but not immediately.
“Somehow I managed to calm my feelings. I think it’s too hard to put myself in the serious ‘first penguin’ position,” they say, using a Japanese term for the first human to take the leap into something new.
Instead, Megumi, who identifies as gendered, is focused on campaigning for sexual assault survivors and the rights of sexual minorities, and hopes to start a law firm to help these groups.
“I’m relieved to see hope now. Many are beginning to realize that the current situation we find ourselves in is distorted and wrong.”
“I believe that if everyone participates and works together, things will change faster and more significantly than we think. My message.” [to everyone] is: “If you think something is wrong, let’s change it together.”