sexual assault breaking the silence

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by KARYN NISHIMURA-POUPÉE

 

Sexual assault — insufficiently reported, taboo, poorly addressed, and still rarely punished — remains a serious issue in Japan. Victims often remain silent and, when they do dare speak out, face harsh criticism and a legal framework so restrictive that, until recently, rape has been extremely hard to prove. Despite the high-profile case of Shiori Ito¯, a journalist who accused a veteran television executive and biographer of former Prime Minister Shinzo¯ Abe of raping her, the #MeToo movement in Japan has not gained the same momentum as in France. To make matters worse, in 2018 and 2019, particularly shocking acquittals in cases of incest discouraged victims from embarking on lengthy judicial procedures with no assurance of success, even when the perpetrators had confessed to the crime and especially when they denied it. Out of desperation, many victims turn to civil courts. Shiori Ito¯, author of La Boîte Noire (Black Box), which chronicles her fight after her rape failed to be recognized by the criminal justice system, is one such example. The paradox is that in civil court, the crime can be acknowledged, and the perpetrator ordered to compensate the victim, even though they will not face criminal prosecution. However, the accused can, in turn, sue the complainant for defamation. In some cases, they win and are awarded damages by their accuser. This happened to Shiori Ito¯, who, when I met her, wore heavy makeup, a hat, and glasses to avoid being recognized after receiving numerous threats. She had dared to accuse someone more powerful than herself — a man within the establishment. Even though, since 2017, prosecutors have been allowed to initiate cases without a victim lodging a complaint, legal experts, academics, and various organizations have spent years advocating for expanded legal recourse. They pushed for the condemnation of sexual acts without clear consent and for the age of consent to be raised from 13 to 16. Their efforts paid off with a vote in mid-June 2023 introducing additional criteria into the law for defining forced sexual acts. These criteria include pressure to consume alcohol or drugs, psychological coercion, hierarchical dominance, and more. The standard for resistance was also revised, shifting from “extremely difficult” to “difficult,” taking into account cases of shock or paralysis where the victim is unable to physically resist extreme violence. These legislative changes offer hope for better legal recognition by broadening the scope of acts considered sexual assault or rape. Previous laws tended to discourage both male and female victims of rape from filing complaints, particularly as the response from law enforcement and the justice system often left much to be desired.

In 2023, Japanese police recorded 2,711 rapes and 4,900 cases of sexual misconduct. Among these, a significant portion included cases of groping (chikan), predominantly committed by individuals in crowded public transportation. The packed trains of Tokyo create an environment conducive to such offenses, with victims often paralyzed to the point of remaining silent.

Now, cameras have been installed in train and subway cars to curb this issue. These cameras act as a deterrent and also serve as investigative tools. Officially, police made 143 arrests of suspected gropers in 2020, compared with 230-270 arrests in previous years, aligning with the gradual implementation of video surveillance. However, these official statistics do not reflect the full reality. A more accurate picture emerges when combining judicial data with field surveys. For instance, centers supporting victims of sexual violence received 23,300 requests for assistance in 2020, rising to 29,400 the following year. In June 2022, the Japanese government surveyed 6,224 young people aged 16 to 24; 26.4% reported experiencing some form of sexual assault, ranging from sexualized verbal harassment to unwanted touching and nonconsensual sexual acts perpetrated by teachers, classmates, partners, individuals met online, or strangers. However, over half of the victims did not file a report. Unwanted touching, on the other hand, was more frequently perpetrated by strangers in public spaces or on public transport. Yet, 40% of those who identified as victims of such incidents did not report them to anyone.

In 2022, the government committed to strengthening measures against the chikan phenomenon, following, among other actions, a petition by the Japanese Youth Assembly highlighting the vulnerability of young women, such as high school and college students. Evidence is crucial in addressing this issue, which is double-sided. While women are indeed victims of groping, some men claim to face false accusations based solely on the testimony of alleged victims. Specialized lawyers advise men in crowded trains to keep their hands visible at all times (such as holding onto hand straps when standing in tightly packed train cars) to avoid wrongful accusations, due to the actions of someone nearby or misunderstandings caused by forced proximity. The government’s 2022 prevention efforts included the establishment of support centers for victims, but the focus remains largely on financial measures to assist grassroots organizations working in the field.

Public opinion in Japan was shaken following a BBC documentary aired in early 2023, where young stars came forward to reveal that the guru behind their careers as sculpted idols had sexually abused them for years. How many members of the boy bands managed by Johnny Kitagawa’s agency, Johnny & Associates, suffered at the hands of this so-called “maker of princes”? The question remains unanswered, as no complaints were ever officially filed. Kitagawa passed away in 2019, successfully brushing off allegations first raised decades earlier by the weekly magazine Shu¯kan Bunshun, which stood alone against a silent mainstream media heavily reliant on the young “Johnnies” for their variety shows. The cruelty of the abuse described by these now-adult victims demonstrates the depth of Kitagawa’s hold over them. Many victims, even as they break their silence, say they bear no ill will toward him, acknowledging that they owe their stardom to his influence. However, some are now advocating for changes in the law. Legal reform is necessary, but even the most comprehensive laws cannot address the issue unless young victims have safe, supportive spaces in which they can speak out, in a society that listens to and does not ostracize them.

Sexual assault is not always recognized as such by the victims themselves. In Japan, there is also a taboo surrounding incest and marital rape. While public awareness often focuses on young girls abused by their fathers, recent revelations have uncovered disturbing cases of young boys and adolescents suffering abuse at the hands of their mothers — women they felt unable to refuse. Reports to SOS helplines frequently involve single mothers who, isolated by societal stigma and economic hardships, become trapped in their roles.

Domestic violence in general remains underreported but has been increasingly brought to light. Since 2012, reports to police have more than doubled, reaching over 88,000 cases in 2023, although only about 10% of these cases result in arrests.

Nearly half of Japan’s annual homicides occur within families, with 15% to 20% involving spouses. Approximately 150 murders every year are committed between partners, most often married. Interestingly, not all are femicides. Around 40% involve wives killing their husbands, often in cases of self-defense or revenge after enduring abuse, as the majority of domestic violence is perpetrated against women. An unexpected trend emerges when analyzing the age dynamics of domestic violence: among couples under 40, male partners are more frequently the victims of physical abuse by their female partners than the reverse. In older age groups, women become the primary victims.

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EXCERPT FROM JAPON, LA FACE CACHÉE DE LA PERFECTION BY KARYN NISHIMURA-POUPÉE, ÉDITIONS TALLANDIER, 2023, PARIS.