CRITICS WANT JAPAN LAW ON RAPE CHANGED

Critics of Japan’s law on rape are aghast over the failure of lawmakers to include the insertion of fingers and fists into the mouth, anus and vagina as a criminal act punishable under Japan’s penal code, arguing that those accused of such acts, whether male or female or transgender, can only be convicted on lesser charges.

Shoko Usami, a survivor of sexual violence whose transgender partner inserted his fists and fingers into her vagina, is leading the campaign for amending the law, which had not rendered justice to her or the other victims, including children abused by women and men, Miyuki Fujisawa reported for Mainichi Daily.

“Survivors of sexual violence who have suffered damage that does not involve male genitalia exist, and they have experienced serious harm to their bodies and minds. Sexual violence is not about sex, but about violence, and it is strange that the laws that apply to it differ depending on what was used to perpetrate it.

The current situation makes it difficult for people to report their pain and difficulties due to the tendency to downplay damage caused by objects other than male genitalia. I would like to see a discussion about what was done and what the body endured, without limiting it to male genitalia, after carefully examining the actual damage," Usami said.

The 2017 amendments to the Penal Code in Japan increased the severity of penalties for sexual crimes and expanded the gender of rape victims from being limited to women to include men. However, LGBTQ individuals and intellectuals have pointed out that the current law still far from matches the reality of actual damage, including that of sexual minorities, and that this has led to the underestimation of damage to some rape victims.

In 2017, the Penal Code was amended to change the name of the "crime of rape" to the "crime of forcible sexual intercourse," and to define the crime as having vaginal, anal or oral intercourse with a person aged at least 13 employing assault or intimidation, and doing the same to a person under 13 years old.

At the same time, the gender of the victim, which had been limited to women, was removed, so that anyone can be recognized as a victim, regardless of gender.

However, the interpretation of the law that only the act of inserting genitalia constitutes sexual intercourse has not changed after the amendment. The law provides that the act of inserting a hand, finger, or object into another person's body through assault or intimidation is considered the "crime of forcible indecency," and the statutory penalty is set at a lighter level of "imprisonment for not less than 6 months but not more than 10 years" compared to "imprisonment for a definite term of not less than 5 years" for the crime of forcible sexual intercourse.

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