Under Japanese criminal law, to constitute a crime of forced sexual intercourse or a crime of quasi-forced sexual intercourse, it is not sufficient enough to assert that the victim did not consent to sexual intercourse or other sexual behaviors; it is necessary to prove that assault or intimidation took place in a violent manner with intimidation to the extent that it would be extremely difficult for the victim to resist, or that sexual intercourse took place under a similar degree of irresistibility. Even if the person freezes and is unable to resist, the perpetrator will make the excuse that they assumed consent was given because they were not resisting. If you resist, it will be judged that you are able to resist and can defend yourself. The requirements of assault, intimidation, and inability to resist have long caused victims of non-consensual sexual intercourse, etc., to suffer.
In March 2023, six years after the sexual offense provisions of the Penal Code were revised for the first time in 110 years in June 2017, the assault/intimidation and inability to resist requirements were changed to “forming, expressing, or A bill has been submitted to the Diet that would amend the crime from “forced sexual intercourse, etc.” to “non-consensual sexual intercourse, etc.” with the requirement that it be difficult to complete the act. The proposed amendment raises the age of consent for sexual intercourse (the age at which it is a crime regardless of the consent of the other person) from under 13 to under 16. In addition, to deal with sexual crimes that take advantage of status-related relationships, the bill includes a provision for “crimes of non-consensual sexual intercourse, etc.,” including “crimes of sexual intercourse, etc., that are caused by influence based on economic or social status. An example of this is the phrase “to cause concern about disadvantage.” We discuss whether the current amendment bill is sufficient to make damages such as non-consensual sexual intercourse punishable, including the circumstances that led to the amendment.
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