Japan OKs bill to raise age of consent from 13 to 16, reform sexual offence charges

The Japanese Cabinet on Tuesday (March 14) approved a bill which would raise the legal age of consent from 13 to 16 and recognise sexual violation even in the absence of physical violence or coercion. The country is moving to reform its Penal Code after years of criticism that several sex offenders went scot-free. Notably, the age of consent in the Asian country is the lowest among the Group of seven nations (G7) and has remained unchanged since its enactment over a century ago.

The package of reforms proposed last month by a Japanese justice ministry panel also sought to clarify rape prosecution requirements. It would now define sexual offence charges as per the circumstances which make it difficult for a person to “form, express or fulfill the intention to resist” a sexual act and listed eight acts in this context.

The examples ranged from threats and abusing one’s economic or social power to taking advantage of a person’s impairment due to the influence of alcohol or drugs.

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According to local media reports, the reforms also rename a sexual offence charge in order to clarify the illegality of non-consensual intercourse. It will also make so-called upskirting and producing images of genitalia without consent punishable under the Penal Code.

The amendments will also make illegal the production of images of genitalia, buttocks and breasts without consent. Providing or circulating such images and videos will become punishable. The government aims to pass the bill during the current parliamentary session while the revision will come into effect 20 days after the promulgation, as per local media reports.

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As of now, Japan has the lowest age of consent among developed countries, as 13-year-old children are deemed old enough to consent. This means sexual activity with them is not considered statutory rape.

The proposed overhaul comes after mounting criticism that current laws are inadequate to protect children from rape and other sexual offences.

As per the current Japanese laws, forced sexual intercourse must be non-consensual and the prosecution must be able to prove that the rape perpetrator used “violence and intimidation” and that it was “impossible to resist”.

(With inputs from agencies)

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