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Japan Changes Sexual Consent Age from 13 to 16

By: GWL Team | Monday, 19 June 2023

In response to pleas for stronger protection of children and women, Japan's parliament on 16th June 2023, raised the age of sexual consent from 13 to 16, a restriction that had stayed constant for more than a century and was among the lowest in the world.

The change was made as part of a reform of sex crime legislation. Separately Parliament approved a new law to raise awareness of LGBTQ+ problems. Activists criticised the measure for failing to ensure equal rights for sexual minorities.

In a nation where the legislative and judicial institutions have long been predominated by males, reforms offering more protection for victims of sexual assaults and stiffer punishment of attackers have been reluctant to take hold.

For the first time in 110 years, Japan amended its penal law on sexual offences in 2017. The latest adjustments were brought about by a string of sexual assault cases that ended in acquittals as well as an increase in the number of incidents of girls and women being sexually photographed without their consent.

The modifications made on 17th June classify sexual contact with a person under the age of 16 as rape. They list eight instances of "consentless sex crimes," a new term for coerced sex, including being raped when intoxicated or high on drugs, or being the victim of fear or intimidation.

Additionally, they prohibit the recording, sharing, and ownership of unconsented sexually exploitative photographs. The statute of limitations for sex offences was raised from five to ten years for unconsented sexual contact. Now, the maximum sentence for such offence is 15 years in jail, while the maximum sentence for "photo voyeurism" is three years.

The modifications were partly prompted by a case in Nagoya where a father who had sexually assaulted his 19-year-old daughter was exonerated by a jury because the teenager did not agree but did not forcefully fight. The choice sparked demonstrations across the country.

Due to last-minute revisions that allegedly appealed to opponents of transgender rights, activists said that the new LGBTQ+ law endangered them rather than advancing equality.

Only Japan lacks legislative rights for LGBTQ+ people among the Group of Seven major industrialised nations. The Japanese population has grown more supportive of same-sex unions and other rights, but resistance is still fierce inside the ruling Liberal Democratic Party, which is recognised for holding conservative beliefs and being reluctant to advance gender equality and sexual variety.

Despite not explicitly prohibiting discrimination, the final text of the legislation declares that "unjust discrimination" is unacceptable.

In it, it is stated that "all citizens can live with peace of mind," which activists claim demonstrates that the ruling party gave the concerns of those who oppose equal rights priority above the rights of sexual minorities.

Minori Tokieda, a transgender woman, stated, "The law does not look at us or our struggles, but instead looks in the direction of those causing us pain. I'm quite alarmed by the way the law handles us as if our existence endangers the public's feeling of security.”