Sexual Violence and the Law in Japan

By Catherine Burns | Go to book overview

Appendix 1

Legal definitions

Legal definitions of sexual assaults

Japan recognises five statutory sexual offences against the person: indecent assault (obscenity by compulsion), rape, constructive compulsory indecency and quasi-rape, attempted indecent assault and rape, indecent assault or rape resulting in death or injury. The following crimes are defined under the Criminal Code, Chapter XXII 'Crimes of Obscenity, Rape and Bigamy' (EHS Law Bulletin Series 1996:53-54) as:

Obscenity by compulsion [kyōsei waisetsu, translated in this book as 'indecent assault']

Article 176. A person who by violence or threat, commits an indecent act [waisetsu kōi] against a male or female person of thirteen years or over shall be punished with penal servitude for not less than six months nor more than seven years. The same shall apply to a person who commits an indecent act against a male or female person aged under thirteen years.

Rape [gōkan]

Article 177. A person who by violence or threat, obtains carnal knowledge [seikō] of a female person of thirteen years or over shall be guilty of rape and be punished with penal servitude for a limited period of not less than two years. The same shall apply to a person who obtains carnal knowledge of a female person under thirteen years.

Constructive compulsory indecency and quasi-rape [junkyōsei waisetsu and jungōkan]

Article 178. A person, who by taking advantage of loss of reason or incapacity to resist by causing such loss reason or incapacity to resist, commits an indecent act or obtains carnal knowledge of a woman shall be dealt with in the same way as provided for in the preceding two Articles.

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Sexual Violence and the Law in Japan
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Tables x
  • Series Editor's Foreword xi
  • Acknowledgements xii
  • 1 - Legal Storytelling and Sexual Violence 1
  • 2 - Hegemonic Masculinity and Guilty Feminine Bodies 19
  • 3 - Confronting the Japanese Criminal Justice System 44
  • 4 - Credibility in the Court 67
  • 5 - 'In Truth She Was Probably Very Drunk' 84
  • 6 - Markers of Truth 110
  • 7 - Subversive Stories and Feminist Strategies 131
  • 8 - Conclusion 159
  • Appendix 1 163
  • Appendix 2 165
  • Notes 169
  • Bibliography 180
  • Index 194
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