TOKYO (AP) — On Friday, Japan’s parliament made a significant change by raising the age of sexual consent from 13 to 16, marking the first adjustment in over a century. This modification, one of the lowest age limits globally, was implemented in response to increasing demands for the protection of children and women.
The alteration of the sexual consent age was part of a broader overhaul of legislation concerning sex crimes. Additionally, Parliament passed a new law aimed at raising awareness about LGBTQ+ issues. However, activists criticized this law for failing to ensure equal rights for sexual minorities.
Japan has been slow to enact reforms that provide enhanced protection for victims of sexual crimes and impose stricter penalties on perpetrators. This can be attributed to the historical dominance of men in the legislative and judicial branches of the country.
In 2017, Japan revised its criminal code on sexual crimes for the first time in 110 years. The catalysts for these revisions were a series of acquittals in cases of sexual abuse and the rising number of non-consensual sexual images taken of girls and women, which sparked public outrage.
Friday’s enacted changes have redefined sexual intercourse with individuals below the age of 16 as rape. The revisions outline eight specific scenarios of “consentless sex crimes,” a new term used to describe forced sexual intercourse. These scenarios include instances where the victim is assaulted while under the influence of alcohol or drugs, experiences fear, or faces intimidation.
Furthermore, the changes prohibit the filming, distribution, and possession of sexually exploitative images captured without consent.
In addition, the statute of limitations for sex crimes has been extended by five years, making it 10 years for consentless sexual intercourse. Offenders found guilty of this crime can now face up to 15 years of imprisonment, while individuals engaged in “photo voyeurism” may be sentenced to up to three years behind bars.
These reforms were partly motivated by a case in Nagoya where a father who raped his 19-year-old daughter was acquitted by a court that determined that although the daughter did not provide consent, she did not resist violently. This decision sparked nationwide protests and played a role in prompting the legislative changes.
Activists have expressed concerns over the new LGBTQ+ law, arguing that it poses a threat to them rather than promoting equality. These concerns stem from last-minute changes made to the law, which apparently catered to opponents of transgender rights.
Notably, Japan is the only member of the Group of Seven leading industrialized nations that lacks legal protections for LGBTQ+ individuals. While support for same-sex marriage and other LGBTQ+ rights has grown among the Japanese public, opposition remains strong within the ruling Liberal Democratic Party, which is known for its conservative values and hesitance to promote gender equality and sexual diversity.
In its final version, the law states that “unjust discrimination” is unacceptable but fails to clearly prohibit discrimination. It emphasizes the need to create conditions in which “all citizens can live with peace of mind.” Activists argue that this wording demonstrates that the governing party prioritized the concerns of opponents of equal rights over the rights of sexual minorities.
Critics, such as Minori Tokieda, a transgender woman, assert that the law overlooks their experiences and instead caters to those who cause them pain. Tokieda expresses deep concern about how the law portrays sexual minorities as a potential threat to people’s sense of safety rather than recognizing their rights and addressing their struggles.
