Japan last revised its sexual offences laws in 2017, for the first time in more than a century, but the reforms were considered insufficient by campaigners. Otherwise, someone with parental responsibility can consent for them. This is known as being Gillick competent.
Under a previous law, prosecutors had to prove that victims were incapacitated because of violence and intimidation, which critics had argued effectively blamed victims for not resisting enough.Īn official at Japan’s justice ministry told AFP earlier this year that the clarifications were not “meant to make it easier or harder” to secure rape convictions, but “will hopefully make court verdicts more consistent”. Children under the age of 16 can consent to their own treatment if theyre believed to have enough intelligence, competence and understanding to fully appreciate whats involved in their treatment. The bill also contained a list of examples under which rape prosecutions can be made, including victims being under the influence of alcohol or drugs, being frightened, or perpetrators taking advantage of social status. The new legislation also contains a “visitation request offence”, which means that people who use intimidation, seduction or money to coerce children under 16 to meet for sexual purposes will face a prison sentence of up to a year, or a fine of 500,000 yen (£2,775). In practice, across many parts of the country regional laws banning “lewd” acts with minors have effectively raised the age of consent to 18. Under the new legislation, teenage couples who were born no more than five years apart will be exempt from prosecution if both parties are over 13. The age of consent in Britain is 16, whereas in France it is 15 and in China and Germany the age of consent is 14 years old.
The country previously had one of the lowest ages of consent.
Japan’s upper house of parliament cleared the new reforms, which also included clarifications to rape prosecution requirements and criminalised voyeurism, passed on Friday. Japan has raised the national age of consent from 13, one of the world’s lowest, to 16 years old, as part of a package of sex crime legislation reforms.Ī new bill increased the age of consent – below which sexual activity is considered statutory rape – by three years, the first time the age has been changed since 1907.
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