Japan's parliament in a welcome move has raised the age of consent to 16 years from 13 years. The move comes after a wait of more than a century since it last changed in 1907. The historic move sets the ground for rape prosecution and criminalises voyeurism.
The changes enacted Friday make sexual intercourse with someone below age 16 considered rape. They specify eight scenarios of “consentless sex crimes,” a new term for forced sexual intercourse, including being assaulted under the influence of alcohol or drugs, fear, or intimidation.
Human rights groups have stated that this reform will caution all sexual offenders and send a message to the society that sexual violence by adults against toddlers is unacceptable.
The age of consent is not uniform throughout different countries. In India the age of consent is 18, while in Britain it is 16, in Germany and China it is 14. Japan had the lowest age of consent in the world.
The new laws formulated by the Japan Parliament also noted that juvenile couples with an age gap of less than or up to five years will not be prosecuted if both partners are above 13 years of age.
The reform on the national level comes even though many regional centres have banned “obscene acts” with minors and effectively raised the age of consent to 18.
The last time Japan made reforms to the criminal code for sexual offence was in 2017. However, then the government of the Asian country was criticised for doing ‘too little too late’.
In 2019, Japan witnessed widespread protests by different groups against the high rate of acquittals in cases of sexual offences against minors.
In accordance with the old law, a prosecutor would have to prove victims were debilitated due to violence and intimidation. Critics have said that this would mean that victims were being blamed for ‘not resisting enough’.
The latest laws formulated ban the filming, distribution and possession of sexually exploitative images taken without consent. The statute of limitations for sex crimes was also extended by five years, to 10 years for consentless sexual intercourse.
That crime is now subject to up to 15 years in prison, while “photo voyeurism” can be punished by up to three years' imprisonment.
Japan is the only member of the Group of Seven leading industrialised nations which does not have LGTBQ legal protections.
Support for same-sex marriage and other rights has grown among the Japanese public, but opposition remains strong within the governing Liberal Democratic Party, known for conservative values and a reluctance to promote gender equality and sexual diversity.
The final version of the law states that “unjust discrimination” is unacceptable but doesn't clearly ban discrimination.
It says that conditions should be created so that “all citizens can live with peace of mind,” which activists say shows the governing party prioritized the concerns of opponents of equal rights over the rights of sexual minorities.
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