Japan Implements Landmark Reforms to Sex Crime Legislation, Raising Age of Consent

25-07-2023 

Dana Andreeva

Team Japan Researcher,

Global Human Rights Defence

Japan's parliament has recently passed legislation that brings significant reforms to the country's sex crime laws, including raising the age of consent from 13 to 16. (France-Presse, 2023) The changes come after years of protests, known as the Flower Demo, which sought to address sexual violence and the high rate of acquittals in rape cases. (Tamura, 2020) This article examines the reforms and their implications for Japanese society.

The previous law in Japan, written in 1907 found the age of consent to be 13 defined rape narrowly, requiring proof of violence, intimidation, or the victim's inability to resist. This limited interpretation posed significant challenges for survivors seeking justice, contributing to low reporting rates and high rates of acquittal. (Borpujari, 2023)

The newly amended law broadens the definition of rape to focus on consent and recognizes various scenarios where a victim might be unable to express full consent, including instances of abuse of power and fear of consequences. Additionally, the age of consent has been raised to 16, bringing Japan in line with international standards. The time limit for reporting rape has been extended from 10 to 15 years, acknowledging the complex nature of survivor experiences. (Kyodo News, 2023)

The reforms mark a significant step forward in addressing Japan's outdated approach to sexual violence. Survivors rarely reported their assaults, and assailants often went unpunished due to societal attitudes and the narrow definition of rape. (United States Department of State Bureau of Democracy, 2022) The recent changes aim to rectify these issues and promote a greater understanding of the importance of consent in Japanese society.

The push for change gained momentum in recent years due to various factors. Matsushima Midori, a member of the ruling Liberal Democratic Party, established a working group in 2014 within the Ministry of Justice to examine the age of consent issue. Women's groups and survivor-led organisations like Spring contributed to the discussion and advocated for amendments to the law. (Borpujari, 2023) 

Courts in Japan have often taken a narrow view of consent, even in recent times. This was evident in a 2019 case in Nagoya prefecture, where a lower court found a man not guilty of raping his daughter, who was between the ages of 14 and 19. The defence lawyers raised doubts about the daughter's ability to resist her father's advances, emphasising the requirement to prove non-consent. It is worth noting that if the daughter had been younger than 13, she wouldn't have needed to prove the rape. (Borpujari, 2023) 

However, the Nagoya High Court overturned the ruling and sentenced the father to 10 years in prison. The case had a significant impact on Japanese society, leading to widespread protests known as "flower demonstrations" across the country. (Kyodo, 2020) The emergence of the "flower demonstrations" and the use of social media helped mobilize the youth and raise awareness about sexual harassment and assault. (Tamura, 2020)

While the reforms are seen as a positive development, challenges persist. Japan's patriarchal society and the acceptance of certain remarks reflect deeply ingrained cultural norms. The prevalence of compensated dating, where older men offer money or gifts to young girls for companionship, highlights the larger issue of the sexualization of young girls and the objectification of women in Japan's sex industry. (BBC, 2015)  (Borpujari, 2023)

The amended law and ongoing discussions surrounding consent and sexual harassment reflect a shift in Japanese society. However, further awareness and education are necessary to challenge societal norms and address the systemic issues that contribute to sexual abuse and harassment.

Sources and further readings:

France-Presse, A., (2023, June 16). Japan raises age of consent from 13 to 16 in reform of sex crimes law. The Guardian. https://www.theguardian.com/world/2023/jun/16/japan-raises-age-of-consent-from-13-to-16-in-reform-of-sex-crimes-law 

Tamura, M., (2020, March 5). "Flower Demo" fighting sexual violence in Japan. Kyodo News. https://english.kyodonews.net/news/2020/03/de1a32818b0e-feature-flower-demo-fighting-sexual-violence-in-japan.html 

Borpujari, P., (2023, July 7). After 116 Years, Japan Raised Age of Consent for Sex to 16. What Took So Long? The Diplomat. https://thediplomat.com/2023/07/after-116-years-japan-raised-age-of-consent-for-sex-to-16-what-took-so-long/ 

Kyodo News., (2023, June 16). Japan enacts laws to reform sex offense charges, raise age of consent. Kyodo News. https://english.kyodonews.net/news/2023/06/e91de71125a1-japan-enacts-laws-to-reform-sex-offense-charges-raise-age-of-consent.html

United States Department of State Bureau of Democracy, Human Rights and Labor (2022). 2022 Country Reports on Human Rights Practices: Japan - Executive Summary. (United States Department of State Bureau of Democracy) https://www.state.gov/wp-content/uploads/2023/03/415610_JAPAN-2022-HUMAN-RIGHTS-REPORT.pdf 

Kyodo, J., (2020, March 13). Scrapping acquittal, Nagoya court hands man 10 years for raping daughter. The Japan Times. https://www.japantimes.co.jp/news/2020/03/13/national/crime-legal/nagoya-acuittal-overturned-man-raped-daughter/ 

BBC., (2015, November 10). Japan demands UN expert retract remarks on 'compensated dating'. BBC. https://www.bbc.com/news/world-asia-34774630