Japanese Rape and Sexual Assault Rates

Abstract

In many civilizations, the laws governing sexual assault are divisive. This study contends that particular societal factors in Japan's legal systems support and maintain gender bias, which has profound effects on the experience of a sexual assault victim seeking justice. The argument made in the paper is that differing socialization experiences can result in opposing male and female interpretations of the identical scenario, or "perceptual fault lines" (Scheppele, 1989). Given this, gender bias is defined as the elevation of the male perspective over that of the female, and the presumption that the male experience, despite frequently being specific to one gender group, is objective and universal. This essay shows how the sex industry and the ubiquity of violent pornography in Japan contribute to a gendered understanding of sexuality that has an impact on how different sorts of victims and attackers are perceived and how the legal system treats them before trial. sex rape japan

Introduction

In any legal system, it is notoriously difficult to establish guilt in cases of sexual assault. It is frequently done in the absence of any witnesses besides the aggressor and victim, and (especially when the perpetrator is someone the victim knows) it requires proof of something that is not required in any other crime: lack of permission. It is vital to rely on the accuser and defendant's testimonies because the objective proof is frequently lacking, save in instances of major physical injuries. However, the prevalence of systematic gender prejudice in judicial systems around the world causes further issues.

This essay does not contend that men and women are two monolithic groups with the same beliefs or that male norms intentionally ignore the suffering of women. As described by Scheppele (1989: 2083) in his explanation of "perceptual fault-lines," which are misunderstandings brought on by "different descriptions of events that grow from different experiences and perceptions," I conceptualize gender bias as a difference in understanding based on different socialization. According to Scheppele (1987: 1103–9), there is frequently no such thing as a universal truth but rather a variety of accounts of a particular event that, while they may not be consistent with one another, are all accurate. This is so that groups with unequal socialization, like men and women, might interpret events in various ways. Men are more likely than women to perceive a scenario in a sexualized way, for instance, concluding that a woman is acting seductively when in reality she is just being pleasant.

Burns (2005: 9) argues that even though male and female perspectives on sex and violence may differ, the male perspective has come to be seen as objective due to historical male privilege. In other words, even though it is specific to one gender group, the male point of view is seen as an objective universal understanding. Legal systems are often founded on a masculine vision of the world because they were overwhelmingly created by males, along with traditional concepts of sexuality and gender. Female viewpoints are unable to be generalized to the broader human experience because they are perceived as distinctively feminine, subjective, and frequently illogical and overly emotional - a perspective that can be held by both men and women. Female viewpoints are therefore perceived as distinct from the objective norm when they do not align with the majority opinion. This study defines "gender bias" as the marginalization of female experience in favor of male knowledge presented as objectivity.

In the UK, 57% of rape cases that were brought to court in 2001–2002—including those with guilty pleas—ended in convictions (Kelly et al., 2005: 92). The acquittal rate in Japanese courts is incredibly low: only 0.21% in 1984. This is due to several factors, including the prosecutor's strong and discretionary role, the public's disapproval of acquittals, and the judiciary's emphasis on restitution, reparation, and reconciliation (Johnson, 2002: 45-46; 68; 242-46). This has an impact on rape and sexual assault cases as well: in the 1990s, 95% of rape trials resulted in a conviction (Diamond and Uchiyama, 1999). The pre-trial stages of a rape case, therefore, present the greatest obstacles to obtaining justice, which is why this essay concentrates on the initial stages of the legal systems of rape and sexual assault.

This essay makes a distinction between two types of rape: fushizen rape, which deviates from the stereotype in ways like the offender already knowing the victim or the lack of overt physical violence, and its rape, which Burns (2005: 4) refers to as the stereotypical crime committed violently by an offender with no prior relationship to the victim and who cannot be held responsible for inciting the attack. I contend that because of gender bias, the judicial system treats these two types of rape quite differently.

The rapes performed against adult females by adult males are the main topic of this essay. However, I include indecent assault in my focus because of the limited Japanese concept of what constitutes rape (which, I say, is inherently predicated on a specifically male understanding). I only focus on assaults made by men against women to address the topic of systemic gender bias against women. Because the applicable legal systems differ and consent is not a factor, I do not include assaults on kids. I also don't include gang rape because both the law and the societal standards around it are different from those of rape by a lone offender.

Since war alters both the circumstances of rape and the legal framework around it, I concentrate my research on rapes that occur during times of peace. [2]

I start by thinking about how sexuality is construed in Japanese society, keeping in mind the ways that law functions within its cultural framework. My examination then turns to how rape myths affect narrative and reality before moving on to how Japan's laws conceptualize sexual assault in light of society's view of sexuality. The legal procedures through which a sexual assault case is handled from reporting to trial are examined in the section that follows. Finally, I combine the various elements of my analysis and take into account how gender bias affects the preliminary stages of the rape and sexual assault legal systems in Japan.

How is sexuality construed in Japanese society?

Any culture's definition of a sexual crime is anything that deviates from what the community views as acceptable sexual behavior. It is crucial to understand how a culture defines "normal" sexual connections to understand how it punishes sexual offenses. As Burns (2005: 9) points out, we must keep in mind that the prevailing definitions of normality tend to be masculine ones.

In many nations around the world, male and female sexualities are socially defined as being distinct. The broad sex industry and accessibility of violent pornography are two variables unique to Japan, nevertheless, they have a significant impact on how people see male and female sexuality.

Although the Mizu Dhabi, or very visible sex industry, has a wide range of venues in terms of pricing and services offered, the vast majority of them serve males and sell sexuality, if not full intercourse. Because of Japan's non-Christian religious heritage and the societal construction of male sexuality, using prostitutes is less stigmatized there than in some other nations (Allison, 1994). Female sexuality becomes a commodity when it is available for purchase; in the words of MacKinnon (1989: 172), "women's sexuality is, usually, a product to be stolen, sold, purchased, bartered, or swapped by others." As a result, rape is now seen as a theft of property rather than a violent and humiliating assault on a person's liberty. In addition, this idea deprives women of their sexual agency; they are reduced to becoming passive objects of male desire. This is a gender-biased viewpoint that constructs women's sexuality from a (heterosexual) male point of view rather than from the perspective of women. This has significant ramifications for how sexual assault is understood.

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