The law still permits rape charges to be raised only when “violence or intimidation” was used, except in cases of guardians abusing children. This requirement ignores the fact that rape often occurs without the use of obvious force or threat – for example, when someone is too afraid or shocked to resist, is incapacitated due to drugs or alcohol, or there is a lopsided power dynamic. Requiring proof of “violence or intimidation” excludes many cases that should be treated as rape and forces prosecutors to prove an element that should not be required and is more difficult to prove than lack of consent.
Countries around the world, prompted by evolving societal perceptions of sexual violence, are changing legal definitions to reflect an understanding of rape that is based on lack of consent, not the use of force.
The Japanese government should also remove this requirement and take further measures to train police officers and prosecutors to handle rape cases in appropriate and humane ways, including ending all use of re-enactments involving the victim.
The government should also guarantee all victims have access to 24-hour hotlines and one-stop-centres across Japan and ensure immediate and compassionate collection of forensic evidence based on professional standards and procedures. The government also needs to ensure all victims have access to female police officers with special training to deal with sexual violence who work in partnership with social workers.
The government should also continue to improve its victim assistance services such as screening and treatment for sexually transmitted diseases, HIV prevention medications, pregnancy testing, and abortion services. Victims also need legal assistance and longer-term access to counselling and peer support.