Tokyo, Japan

In a significant and groundbreaking development, Japan, a country that previously had one of the lowest ages of consent globally, has decided to increase the minimum age at which one can say yes to sexual relations. The pivotal move has raised Japan's age of consent from the previous 13 years old to 16 years old.

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The new bill, as per the news agency AFP, also encompassed additional measures, such as clarifying the requirements for prosecuting rape cases and criminalising voyeurism. The bill which cleared Japan's lower house last month, successfully cleared the parliament's upper house by a unanimous vote on Friday.

This change marks a significant step towards strengthening legal protections for individuals, particularly minors, in matters concerning sexual relationships and crimes.

Here's all you need to know.

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What does it mean by age of consent?

The age of consent is the minimum age at which sexual activity is legally permitted and below which it is considered statutory rape.

It varies in different countries. In Britain, the age of consent is set at 16 years old. In France, it is 15 years old. Germany and China have set the age of consent at 14 years old. 

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Also read | Japan alters definition of rape after passing landmark bill in parliament

When was Japan's age of consent last changed?

As per AFP, Japan's age of consent has remained unchanged for over a century. Thirteen years was set as the age of consent in the year 1907, and it meant that teenagers aged 13 or above were considered capable of consenting to sexual relations.

However, in many parts of Japan, regional ordinances have been implemented to ban "lewd" acts with minors. 

These ordinances are sometimes perceived as effectively raising the age of consent to 18 years old, even though the national age of consent is officially lower. 

Japan's new definition of rape

Japan's new law has broadened the definition of rape to "non-consensual sexual intercourse" from "forcible sexual intercourse".

The bill passed on Friday explicitly lists eight scenarios in which it may be challenging for a victim to refuse or express their lack of consent to engage in sexual intercourse. It also includes a list of circumstances under which rape prosecutions can be pursued. These include cases where victims were under the influence of alcohol or drugs, cases where victims were frightened, and instances where perpetrators took advantage of their social status. 

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With these clarifications, authorities have attempted to ensure more consistent court verdicts in rape cases. The clarifications are not "meant to make it easier or harder" to secure rape convictions, but "will hopefully make court verdicts more consistent," a justice ministry official told AFP.

Key provisions in the new law

Under Japan's new law, teenage couples who are no more than five years apart in age will be exempt from prosecution if both partners are over the age of 13. This provision aims to provide clarity and legal protections for consensual relationships between teenagers who are close in age.

According to the justice ministry, the bill also introduces a new offence called "visitation request offence". This offence targets individuals who use intimidation, seduction, or money to coerce children under the age of 16 into meeting for sexual purposes. Violators of this offence will face a prison sentence of up to one year or a fine of 500,000 yen ($3,500).

Japan and rape cases before the new law

Previously, prosecutors were required to prove that victims were incapacitated due to violence and intimidation. This, the critics argued, unfairly shifted blame onto victims for not resisting enough.

In 2017, Japan made its first major revision to its criminal code on sexual offences in over a century. However, many campaigners argued that the reforms were inadequate. 

According to a paper published by Oxford University Bar Society in the digital publishing platform Issuu, the 2017 Penal Code in Japan made some changes to the provisions of the previous 1907 law. Notably, it eliminated the limitation that only women can be recognised as victims of rape, thus broadening the scope of potential victims.

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However, another significant change in the law was the alteration of the name of the crime from "rape" to "crime of forcible sexual intercourse." The report suggests that this change in terminology could weaken the social understanding and perception of the crime. The power of naming is significant, as the term "rape" inherently carries a strong connotation of abuse, indicating a violation beyond mere physical violence. 

"Rape labels an action that of abuse, rather than merely violence," it says.

Which countries have the lowest age of consent?

As per Wise Voter, Nigeria tops the list with the age of consent being only 11 years old. However, it must be noted that many regions within Nigeria have their own regional laws that set the age of consent higher.

In the Philippines and Angola, the age of consent is one year higher at 12 years old. The Philippines, however, has laws that criminalise specific acts with children under 18 years old, such as child exploitation and child trafficking.

Similar to Japan's previous age of consent, Burkina Faso, Niger and the East African island nation of Comoros prescribe that children above 13 years of age can consent to sexual relations.

China, Paraguay, Peru and Portugal have 14 years as the age of consent. While certain countries, such as Nigeria and those previously mentioned, have set the age at which individuals can legally consent to sexual activities at very low levels, there are several nations where the age of consent is much higher. These include Bahrain (21 years) and South Korea (20 years).

(With inputs from agencies)

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