Sexual offenses were first defined in the Criminal Code during the Meiji Era. It was not revised until 2017, 110 years later. This revision can be said to be the result of a steady movement in which parties who have been victims of sexual violence and sexual assault raised their voices, experts provided support, and legislators lobbied in various fields. The Citizens' Project for the Reform of the Penal Code, in which PAPS also participates, is calling for the enactment of a new law called the “photography crime” to eliminate the damage caused by the filming and dissemination of sexual videos and images. New staff member B interviewed Mr. A, who is involved in the Citizen's Project for the Reform of the Penal Code.
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(A) My name is A. I am a counselor and lobbyist at PAPS. I want many people to know that there is sexual violence that is not stipulated by law and has been left out.
(B) I am active in PAPS and ask, “If the damage caused by the spread of sexual videos and images is so widespread, why isn't it recognized as a crime?” I think. Please tell us how it is treated under the law.
A) The Penal Code on sexual crimes was enacted in 1907 and finally revised in 2017, 110 years later. In this revision, the voices of victims of sexual violence and supporters were finally reflected in the law, and there were very significant changes, such as stricter penalties and changes to non-custodial sentences. However, there are still many outstanding issues, such as “elimination or suspension of the statute of limitations” and “relaxation or elimination of the requirement of threat of assault,” and the supplementary resolution clearly states that a review will be conducted after three years if necessary. Discussions on the review are currently in full swing.
(B) One of the new things being discussed is the introduction of a “shooting offense”.
(A) Yes. A new study committee has been established to discuss the review of criminal law sex crimes in 2020, and a major step forward has been the addition of people involved in support for victims of sexual violence and other related fields as members of the committee. Discussions on the review of criminal law sex crimes entered the Legislative Council, an advisory body to the Minister of Justice, in November 2021, and reached a climax in July 2022, when the text of the bill was drafted.
(B) Can you tell us about PAPS' role in the “Citizens' Project for the Reform of the Criminal Code”?
A) The Citizens' Project for the Reform of the Criminal Code was launched in 2017 to seek a revision of the Criminal Code sex crimes in line with the reality of victims of sexual violence. PAPS is a member of this team. This team is made up of 12 organizations of victims of sexual violence and organizations that provide support. Based on the information sharing and understanding of the actual situation related to sexual crimes in the Penal Code so far, we have submitted requests and lobbied the Diet members for the revision of the Sexual Offenses Code of the Penal Code from the victims' perspective.
(B) What do you emphasize in your participation in that project, Mr. A?
A) The movement to enact a new law to remedy the damage and crack down on the perpetration of sexual photography.
(B) What are the details?
A) In September 2021, then Minister of Justice Yoko Kamikawa announced a proposal to establish a new “photography crime,” commonly known as “filming crime.” The aim of this proposal is to eliminate the damage caused by digital sexual violence such as voyeuristic photography by enacting a law that would crack down on such acts, which had previously only been regulated at the ordinance level. PAPP welcomes this new move.
(B) Could you elaborate on this?
(A) In November 2021, PAPS received a hearing from the Ministry of Justice regarding the actual situation of victims of digital sexual violence. At that time, we delivered our earnest wish that the law be made useful by conveying the current situation of victims who have been forced to cry themselves to sleep due to the lack of a law and the difficulties unique to digital sexual violence in supporting victims. Since then, we have continued to make recommendations as the legislative debate progresses, reading the proceedings and submitting new requests in response, and presenting them at online events.
(B) We need to change the law to something as useful as possible for the restoration of damage.... I am beginning to understand why counselor A is also participating in the movement to revise the criminal law.
(A) The mainstay of PAPS's business is consultation support, requests for removal of images, and night patrols downtown (outreach). These are just the things that are rooted in the field. Although we have limited human and financial resources to devote to policy advocacy and lobbying, we still have a responsibility to question the legal system and social conventions and to throw a stone at them.
(B) It is our responsibility to listen to the voices of our clients.
(A) The remedy for the damage suffered by the counselors who suffer before our eyes is hampered by the inadequacy of the current law. Based on this recognition, I would like to bring the voices of victims that have not been heard so far and develop a legal system that will truly help victims. That is why I will continue to vigorously engage in policy advocacy and lobbying activities.
(Reference)
About the Citizens' Project for the Reform of the Criminal Code
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