The Japanese Upper House is discussing the landmark measure that redefined rape and raised the age of consent in the Lower House. The action will amend Japan’s sexual assault rules for the second time in a century if passed.
The law redefines rape from “forcible sexual intercourse” to “non-consensual sexual intercourse.” This broadened term will integrate consent, poorly understood in Japanese society, into the legal system. Rape is sexual intercourse or indecent actions performed by force, intimidation, or taking advantage of a person’s unconsciousness or incapacity to resist.
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This revision accords Japanese legislation with many other nations, which define rape as any non-consensual sexual conduct. The measure also raises the consent age from 13 to 16 and extends the statute of limitations for non-consensual intercourse from 10 to 15 years.
The measure also criminalizes non-consensual sharing of obscene images and videos. It criminalizes surreptitiously filming or photographing a person’s sexual anatomy and sharing it. If the information is extensively distributed, perpetrators might be sentenced to three or five years in jail.
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The law recognizes that nonconsensual sexual interaction can occur when victims struggle to articulate their refusal to agree. This acknowledges power dynamics and victims’ difficulties stating their lack of permission.
The measure also handles minor-sex instances. Sexual contact with minors is banned only if the offender is at least five years older. This law protects children from exploitation while addressing age disparities in consenting teenage relationships.
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After numerous high-profile sexual assault cases in 2019 were acquitted due to restrictive legal interpretations, public uproar spurred these amendments. The revision addresses activists, survivors, and advocacy groups’ concerns that the current law’s narrow definition of rape prevents survivors from pursuing justice.
If the Upper House adopts the measure by June 21, it will overhaul Japan’s sexual assault laws to emphasize consent and protect survivors.
