Introduction
Days after being raped, Megumi Okano, who identifies using they/them pronouns, knew that their attacker would likely go unpunished. Megumi was aware of the perpetrator’s identity and whereabouts but decided against reporting the incident to the Japanese authorities. The lack of faith in receiving justice led Megumi to keep silent. However, change may be on the horizon as the Japanese parliament engages in discussions about a groundbreaking bill to reform sexual assault laws, marking only the second revision in a century.
Redefining Rape
The proposed bill encompasses several amendments, with the most significant being the redefinition of rape from “forcible sexual intercourse” to “non-consensual sexual intercourse.” This change aims to introduce the concept of consent into a society where it is still inadequately understood. Currently, Japanese law defines rape as sexual intercourse or indecent acts committed through force, assault, intimidation, or taking advantage of a person’s unconscious state or inability to resist. This narrow definition has resulted in limited interpretations of the law by prosecutors and judges, setting a high bar for justice and creating a culture of skepticism that discourages survivors from reporting their assaults.
Public Outcry and Reform
Japan has witnessed a growing public outcry for change in the wake of several high-profile cases where alleged attackers were acquitted. These cases highlighted the flaws in the legal system, leading to retrials and increased awareness of sexual assault issues. The #MeToo movement, along with journalist Shiori Ito’s landmark victory, played a significant role in spurring the national conversation on sexual assault and pushing for legal reform. As part of the redefinition of rape, the new law explicitly outlines eight scenarios where victims face difficulties in expressing or fulfilling their intention not to consent, including intoxication, violence, threats, fear, astonishment, and abuse of power.
Challenges and Delays
While the proposed reforms are a step in the right direction, activists have called for more clarity and extended protections for survivors who are minors. Some rights groups fear that the ambiguous wording of the scenarios may make it harder for prosecutors to prove charges. Additionally, the deadline for passing the new law is approaching, and the ongoing debate over immigration in the upper house of the Diet, Japan’s parliament, has created uncertainty. Activists have deemed the delay unacceptable and urged lawmakers to take immediate action to ensure the progress of the sex assault reforms.
Reshaping Ideas and Encouraging Reporting
Beyond legal reforms, activists emphasize the need to reshape societal attitudes toward sexual assault. Japan’s prevailing taboos surrounding the subject have hindered progress, and sex education has often lacked comprehensive discussions about consent. Accessible pornography portraying non-consensual acts further perpetuates distorted ideas of sex and consent. To address the issue effectively, advocates call for increased support for survivors, both financially and psychologically, as well as rehabilitation programs for perpetrators to prevent recidivism. The ultimate goal is to pass and enact the reforms, encouraging survivors to report their cases and ensuring meaningful change.
Hope for the Future
Megumi, while personally relieved to witness the momentum for change, believes that more significant transformations are within reach. They continue to campaign for sexual assault survivors and the rights of sexual minorities, aspiring to establish a law firm dedicated to these causes. Megumi acknowledges that reporting their own attack may still be a daunting prospect but expresses hope in the collective effort to challenge and transform the distorted and unjust reality. Together, with everyone’s involvement, they believe that change is not only possible but inevitable.
SOURCE: Ref – By Tessa Wong & Sakiko Shiraish
Image: The daily beast
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