In a significant move, Japan has raised its age of consent from 13, one of the lowest in the world, to 16 years old. This change was enacted on Friday as lawmakers passed crucial reforms to sex crime legislation. The reforms not only increase the age of consent but also bring clarity to rape prosecution requirements and criminalize voyeurism. The unanimous vote in the parliament’s upper house reflects the country’s commitment to addressing sexual violence and protecting its children.
Campaigners have warmly welcomed these reforms, with organizations like Human Rights Now, based in Tokyo, calling them “a big step forward.” The revision of the age of consent is seen as a powerful message to society, emphasizing that sexual violence perpetrated by adults against children is entirely unacceptable. This change marks a significant shift in societal attitudes and promotes the well-being and safety of Japan’s youth.
Compared to other countries, Japan’s previous age of consent was notably low. In Britain, the age of consent is set at 16, while it is 15 in France and 14 in Germany and China. The age of consent in Japan had remained unchanged since 1907, with children aged 13 and above considered capable of giving consent. However, regional ordinances banning “lewd” acts with minors had effectively raised the age of consent to 18 in some parts of the country.
Under the newly enacted law, teen couples within a five-year age difference will be exempt from prosecution if both partners are over 13. This provision aims to strike a balance by addressing concerns related to consensual relationships within a reasonable age range while still ensuring the protection of minors.
Although Japan previously revised its criminal code on sexual offenses in 2017, marking the first update in over a century, campaigners argued that the reforms fell short. The need for reform became more apparent in 2019 when a series of acquittals in rape cases triggered nationwide rallies, exposing flaws in the existing law. Critics argued that the requirement for prosecutors to prove victims’ incapacitation due to violence and intimidation unfairly placed blame on victims for not resisting enough.
The recently passed bill not only raises the age of consent but also includes provisions that specify the circumstances under which rape prosecutions can be pursued.
These provisions address situations where victims are under the influence of alcohol or drugs, cases where victims are frightened, and instances where perpetrators exploit their social status. The aim of these clarifications, according to a justice ministry official, is to ensure more consistent court verdicts rather than making convictions easier or harder.
Additionally, the bill introduces a new offense known as the “visitation request offense.” This provision imposes penalties, such as imprisonment for up to a year or a fine of 500,000 yen ($3,500), on individuals who use intimidation, seduction, or financial incentives to coerce children under 16 into meeting for sexual purposes.
Furthermore, the reforms criminalize voyeurism for the first time, as it had previously been regulated only by regional ordinances. Under the new law, secretly filming private body parts, underwear, or indecent acts without a justifiable reason may result in penalties of up to three years’ imprisonment or a fine of up to three million yen.
While these reforms are widely applauded, some individuals, like Tokyo resident Sohei Ikeda, 39, feel that Japan has been slow in implementing such changes. Nevertheless, the raising of the age of consent and the key reforms in sex crime legislation signify a significant step forward in protecting the rights and well-being of children in Japan.