Japanese New Law Explainer | Japan increased the age of sexual consent from 13 to 16, why did the Japanese Parliament change the law that has been in place since 1907?

The Parliament of Japan took a historic decision and changed a decision that had not been changed for a century. Japan the parliament Raised the age of sexual consent from 13 to 16 amid calls for greater protection for children and women. This limit was unchanged for more than a century and was one of the lowest in the world.

As part of a reform of its laws relating to sexual offences, Japan has raised the age of sexual consent from 13 to 16. This limit had remained unchanged for over a century and had faced criticism for being one of the lowest in the world. It is the first time that Japan has changed the age of consent since it was first enacted in 1907. Other laws have also been passed to ban upskirting or photo voyeurism, specify eight scenarios of “non-consensual sexual offences”, and punish crimes against minors.

Which new laws are being brought?

The upper house of the Diet or Parliament of Japan passed several laws on 16 June. In this Sex with a person under the age of 16 was labeled “rape”. The first and foremost change is in the definition of “rape” itself. Previously “rape” was defined as sexual intercourse or indecent act committed “forcibly” and “by means of assault or threat”, or by taking advantage of a person’s “state of unconsciousness or inability to resist”. The new definition moves away from just forced sex and broadens the scope to include ‘non-consensual sex’ in a society where the concept of consent is still poorly understood.

Why was the law changed in Japan?

The amended law also specifies eight scenarios of “non-consensual sexual offences”, where it is difficult for the victim to “form, express or consummate the intention of non-consent” for sexual intercourse. These include forcible sex while under the influence of alcohol or drugs and assault, intimidation or threats. Situations where the victim has been subjected to violence or threats or is frightened or startled or even “concerned” about the consequences of refusing are included. Thus, people who were previously unable to voice resistance because of shock or other “psychological reactions” or because of the economic or social status of their aggressor, can now do so.

The offense of rape will be punishable up to 15 years. However, a person having sex with a minor in the age group of 13-15 years will be punished only if the person is five years older or more than the minor.

By declaring the practice of upskirting or photo-peeping as a crime, a new category of crime was also created. This means that Japan has now banned the taking, distribution or possession of photographs of someone’s genitals without their consent. Additionally, taking photographs of “people without their knowledge leading them into a sexual position” has also been made an offence. Specifically, the bill prohibits the filming of children “in a sexual manner without reasonable cause”. Offenders can face up to three years in prison or a fine of up to 3 million Japanese yen, which roughly translates to Rs 17.20 lakh.

It has been reported by the BBC that in Japan, child models, who are mostly girls, are often depicted in sexually provocative ways and asked to pose in lingerie or swimsuits. According to a survey by the national aviation trade association published in March, nearly seven out of 10 flight attendants in Japan reported that their photos were taken in secret, the Japan Times reports. The statute of limitations, or the legally acceptable time to report a crime, will be extended from 10 years to 15 years for rape cases, giving victims more time to come forward.

The new amendment also protects minors. For one, it makes the practice of grooming or having relationships with children to abuse or manipulate them into work an offence. In addition, soliciting sexual photographs of minors under the age of 16 or asking them to meet for sexual purposes has also been made an offence. Prior to this, Japan often faced criticism for having one of the lowest ages of sexual consent among developed countries.