The Daily Manila Shimbun

 

Japan’s revised penal code goes into force

July 13, 2017

TOKYO- Japan's revised Penal Code, stipulating tighter penalties against sex offenses, went into force on Thursday.
Through the first major overhaul of sex crime-linked provisions since the code was established in 1907, the amended law now includes the crime of "forcible sex and similar acts," under which not only women, but also men can be recognized as victims. Previously, only women were regarded as victims.
Under the revised law, the minimum prison term for forcible sex and similar offenses is five years, up from three years for rape before the amendment, matching that for homicide.
The shortest term for forcible sex and other acts resulting in injury or death is set at six years, against five years for injury- and death-causing rape under the older law.
The revised law will also allow public prosecutors to charge sex offenders with or without the filing of criminal complaints by victims, which was necessary before the amendment.
Charges can now be made without the filing of complaints for such crimes as rape, incapacitated rape, indecent assault and indecent assault where victims are in an incapacitated state.
In many cases in the past, victims of sex offenses gave up on filing criminal accusations due to huge psychological burdens. Against this background, groups supporting such victims had called for the requirement of criminal complaint filing to be removed so that offenders can be charged more easily than before.
The revised Penal Code newly includes penalties for sexual offenses committed against minors under 18 by their parents or other guardians through the abuse of their authority.
The Judicial Affairs Committees of both chambers of the Diet, the country's parliament, called for efforts to prevent sex crime victims from suffering secondary damage during the course of investigations and trials, in supplementary resolutions they adopted when passing the amended law.
Under the circumstances, the Justice Ministry, in written instructions sent before the enforcement of the revised Penal Code, urged public prosecutors offices across the nation to pay due consideration to victims' feelings when they handle sex crime cases.  (Jiji Press)