Sexual Violence and the Law in Japan

By Catherine Burns | Go to book overview

Index

a
'acquaintance rape' see fushizen rape
Allison, A. 19, 23
alcoholism 120
apology xviii, 45, 60, 77, 80, 169 n. 5

b
Butler, J. 4, 5, 21

c
Cahill, A. 34 -6
chikan (molestation) 23, 54, 171 n. 4
child sexual abuse 30 ;
Child Abuse Prevention Law 49 ;
incest 52 ;
statistics 49, 57 ;
see also enjo kōsai
compensation as symbolic financial settlement (isharyo) xviii, 55, 169 n. 5
compulsory heterosexuality 2, 23, 65, 105
confession 55 ;
see also 'voluntary false confession'
consent:
and corroboration 105, 110 ;
and gendered perception gap 13 ;
implied 122, 126 ;
implied through lack of resistance 71, 84, 97 ;
implied through romance narrative 101 ;
and liberal theory of rape 69, 141 ;
and the prostitute-client contract xvi ;
reconceptualised in terms of embodied autonomy 141 -2;
verbal non-consent 100 -2
credibility 82 ;
memory 118 ;
prompt report 116 -18;
psychological disturbance 114 -15;
site of offence, relevance of 122 -3;
virginity 112, 124 ;
see also victim image, construction of crime rates 44 ;
statistics 46, 56, 174 n. 1;
see also rape, under-reporting
criminal justice system, Japan:
assessments of 44, 52 -3;
criminal investigation as 'inquisitorial' process 55, 61 ;
Judicial Reform Council 175 n. 20;
jury system 15 ;
kiso yuōyo (suspended prosecution) 55 -6;
non-intervention/non-regulation 25, 29, 50 -3;
personnel 15, 16, 64 -5;
as 'second assault' 60, 131 ;
sexist attitudes 45 ;
sexual assault training programs for police and judiciary 152 -3;
see also judicial interpretation;
judicial precedent;
judicial conformity;
judiciary;
police;
prosecution;
public/private distinction

d
'date rape' see fushizen rape
divorce 26, 48, 128
domestic violence 37, 45, 52, 54, 59, 128 -9;
legislation 48 ;
protection orders 174 n. 4;
refuges 155, 174 n. 3;
statistics 49

e
enjo kōsai (compensated dating) 25, 49, 171 n. 5, 174 n. 5
Equal Employment Opportunity Law 3, 149, 179 n. 7
Estrich, S. 12
evidence:
corroboration of 102, 105 ;
of force 67, 95 -9;
self-defence xvi, xvii ;
see also consent;
credibility;
expert evidence;
rape trauma syndrome;
resistance;

-194-

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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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