She won a civil case against her alleged rapist. But Japan's rape laws need an overhaul, campaigners say
(CNN)A
Japanese court ruling in favor of a freelance journalist who publicly
accused a high-profile broadcaster of raping her has been hailed as a
victory by human rights campaigners -- but they say the country still
has a long way to go on fighting sexual assault.
Shiori Ito
became a symbol of Japan's #MeToo movement after she alleged that
former Tokyo Broadcasting System (TBS) reporter Noriyuki Yamaguchi raped
her in 2015 after he invited her out for dinner.
On
Wednesday, a Tokyo District Court judge ordered Yamaguchi, 53, to pay
3.3 million yen ($30,000) in damages to Ito, and concluded that she had
not consented to the act.
"I
really believe this was a landmark case for Japanese sex crime," Ito
said at a news conference on Thursday. "I'm still quite surprised today
that we had such a positive result."
Ito
shocked Japan in 2017 by going public with her accusations -- an
unusual move in a country where it is estimated that more than 95% of
sexual assault victims never report their rape to police, according to a 2017 survey by the cabinet office of Japan's central government.
Even if women do go on the record, they may face other hurdles, including police attempting to discourage them from reporting the crime.
Given
that, it's not uncommon for Japanese women to pursue civil cases, but
many settle out of court, said Kazuko Ito, a lawyer and the secretary
general of Japanese NGO Human Rights Now, who is not related to Shiori
Ito. Ito's case is significant as she went to trial -- and won, Kazuko
Ito told CNN.
But while Shiori Ito
considers Wednesday's decision a "win," her case has also highlighted
problems with how Japan's justice system deals with rape -- and
reignited calls for change.
For a
start, Ito's alleged rapist will walk free. Yamaguchi was not charged
with Ito's rape, and has repeatedly said he is innocent. Ito pursued the
civil case for compensation after a criminal case against Yamaguchi was
dropped by police.
On Wednesday,
the Tokyo District Court judge also dismissed Yamaguchi's counter appeal
for 130 million yen in damages to his reputation and invasion of
privacy. He has said he plans to appeal soon.
Despite
the ruling in Ito's favor, Kazuko Ito said the compensation was
"insufficient." She also called for an overhaul of Japan's rape laws.
"For
her, it's a victory," Kazuko Ito said. "Because of the limitations of
the Japanese legal system, he was not convicted, and the amount of
compensation is very little ... And we really need to reform this kind
of system."
Shiori Ito speaks to the media in front of the Tokyo District Court on December 18, 2019 in Tokyo, Japan.
Problems with the police force
Five
days after she was allegedly raped by Yamaguchi, Shiori Ito reported
her case to the police, she said at the news conference on Thursday.
During
the investigation, Ito says police made her reenact the alleged rape in
front of several officers using dolls, an experience she described as
"really traumatizing." They also told her to maintain contact with
Yamaguchi so they could track his whereabouts, Ito said.
According
to Tomoe Yatagawa, an expert in law and gender at Tokyo's Waseda
University, reenacting a case with dolls is common in Japanese
investigations. Yatagawa said that, although Japanese investigators
believe it is a good way to collect evidence, it was a "second rape" -- a
term that refers to victims being traumatized again.
Ultimately,
the authorities did not prosecute Yamaguchi -- and Ito said she still
had questions over that decision. The prosecutor's office told CNN last
year that they could not comment on individual cases.
How Japan's legal system deals with rape
The problems with the way Japan's justice system deals with rape go far beyond the police.
In
2017, the country updated its rape laws for the first time in over a
century, increasing the minimum sentence for rape to five years. Under
Japanese law, the prosecutor must be able to prove that the sexual
assault was a result of force or violence, and the law makes no mention
of consent.c
On Thursday, Kazuko
Ito from Human Rights Now said that the sexual assault laws needed to be
amended to remove the element of physical force.
When Japan updated its laws in 2017, parliament called for a review after three years, Reuters reported in June.
At
Thursday's news conference, Shiori Ito also hit out at the current
laws, saying they required the survivor to prove the rape, and how much
they had been threatened.
She noted
that the judge had decided that she hadn't consented to the act -- but
that wouldn't be enough to constitute rape under the law. "I would like
to highlight this point: nonconsensual sex is rape," Shiori Ito said.
Even
before Wednesday's decision, there have been calls this year to change
the country's laws after a string of not guilty verdicts in sexual
assault cases, according to Japan's public broadcaster NHK.
Wider issues
But
while there is a groundswell of support for tougher rape laws, Shiori
Ito has also come under fire after going public about her alleged
assault.
She received threats, a
backlash on social media and was left fearing for her and her family's
safety. At a separate news conference on Thursday, Yamaguchi called her a
"habitual liar."
He said Ito was
"very drunk" when he decided to take her back to his hotel, and vomited
multiple times, including on her blouse, then went to sleep for two
hours before they had sex.
Kazuko Ito said it was important for the public to be educated about issues of consent.
"If
you know a person gets drunk, you shouldn't (have sex). It's
involuntary sex -- it's rape," she said. "I want to emphasize how
difficult (it was) for her to fight under this Japanese sentiment. We
need to change the society -- this is the lesson for us."
Legal
expert Yatagawa said she respected Shiori Ito's bravery, and thought
her case would encourage other victims to come forward. But there were
many legal changes that still needed to happen.
"I don't think her case can change Japanese justice system of rape at once," she said.
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