The age of sexual consent was one of the lowest in the world in Japan. But Parliament decided on Friday to approve an increase from 13 to 16 years, as part of a legislative reform against sexual assault. The reform, which also clarifies the prerequisites for prosecution for rape and criminalizes voyeurism, was unanimously approved by the Upper House.
The minimum age of consent – below which any sexual activity is considered rape – is 16 in the United Kingdom or South Korea, 15 in France or 14 in Germany and China. The age of consent in Japan had never been changed since it was introduced into law in 1907.
Series of acquittals in rape cases
However, in practice, departmental ordinances prohibiting “lewd” acts with minors are sometimes seen as effectively raising the age of sexual consent to 18 in many parts of the country. According to the new legislation, sexual relations between two teenagers over the age of 13 will not be punished if there is no more than five years between the two partners.
Japan amended its laws against sexual violence in 2017, the first in more than a century, but for many, this reform did not go far enough. In 2019, a series of acquittals in rape cases sparked protests across the country.
A new offense
The reform approved on Friday also contains a new offense punishing people using intimidation, seduction or money to coerce minors under the age of 16 to meet them for sexual purposes. These facts will be punishable by a prison sentence of up to one year or a fine of 500,000 yen (3,250 euros).
One of the most criticized points in Japan’s rape law so far is that prosecutors must prove that the defendants used “violence and intimidation”. Critics of such narrow conditions argue that victims often find themselves blamed for not resisting enough, and point out that those assaulted may freeze or submit during a rape for fear of further injury.