Japan changes its age of consent for sex from 13 to 16: Why the move is significant

The age of consent in Japan is no longer 13. In an important milestone, the country that previously had one of the lowest consent ages has amended its definition of rape, raising the minimum age to enter sexual relations to 16. The reforms, which also clarify rape prosecution requirements and criminalise voyeurism, cleared parliament’s upper house in a unanimous vote. This is the first time Japan has changed its age of consent since its enactment in 1907. Japan revises definition of rape The long-awaited overhaul of sex crime laws was cleared in the Japanese parliament on Friday. The definition of rape was changed from “forcible sexual intercourse” to “non-consensual sexual intercourse.” The laws outlined eight scenarios where it is difficult for a victim to consent to sex, some of which include when the victim is under the influence of alcohol or drugs, subject to violence or threats, or is “frightened or astonished,” reports BBC. A justice ministry official told AFP earlier this year that the clarifications were not “meant to make it easier or harder” to secure rape convictions, but “will hopefully make court verdicts more consistent”. Under the new law, teen couples no more than five years apart in age will be exempt from prosecution if both partners are over 13. This rule seeks to offer clarity and legal safeguards for consensual relationships between teens of similar ages. Campaigners welcomed the reforms, with the Tokyo-based group Human Rights Now calling them “a big step forward”. The lifting of the age of consent in particular will “send a message to society that sexual violence by adults against children is unacceptable”, the group said in a statement. [caption id=“attachment_12748882” align=“alignnone” width=“640”] Since its establishment in 1907, the age of consent in Japan has been set at 13. File image/Reuters[/caption] Japan last revised its criminal code on sexual offences in 2017, for the first time in more than a century, but campaigners said the reforms were insufficient. And in 2019, a string of acquittals in rape cases triggered nationwide rallies. Under the previous law, prosecutors had to prove victims were incapacitated due to violence and intimidation. Critics argued that requirement effectively blamed victims for not resisting enough. Criminalising voyeurism The bill also contains a new “visitation request offence”, according to the justice ministry. It means that people who use intimidation, seduction or money to coerce children under 16 to meet for sexual purposes will face a prison sentence of up to a year or a fine of 500,000 yen ($3,500 or Rs 2.86 lakh). The reforms also include language that for the first time criminalises voyeurism, which had only been regulated by regional ordinances before. A penalty of up to three years’ imprisonment or a fine of up to three million yen will be imposed for secretly filming private body parts, underwear or indecent acts without a justifiable reason. Also Read: Why Japan is staring at a ’now or never’ situation on its shrinking population Tokyo resident Sohei Ikeda, 39, welcomed the reforms but said he felt “Japan is quite late”. But Natsuki Sunaga, a 22-year-old student, said she was sceptical that the reforms would stop people secretly filming others. “I wonder even with a law against voyeurism whether it will end,” she said. Consent age in Japan Japan’s age of consent has remained static for more than a century. Since its establishment in 1907, the age of consent in Japan has been set at 13, implying that individuals aged 13 or older were deemed capable of providing consent for engaging in sexual relations. [caption id=“attachment_12748912” align=“alignnone” width=“640”] Girls watch a music performance by street buskers in Oita, Japan. File image/Reuters[/caption] In practice however, across many parts of the country regional ordinances banning “lewd” acts with minors were sometimes seen as effectively raising the age of consent to 18. Consent age around the globe As of date, Japan’s age of consent was the lowest among the G7 industrialised nations. In Germany and Italy, the age is 14, in Greece and France it is 15 and in the United Kingdom and many American states it is 16. Across the world, Nigeria has the lowest age of consent in the world at 11 years, followed by Angola at 12 years. Earlier, the Philippines’ consent age was 12, but after many protests and outcry, then President Rodrigo Duterte had increased the minimum age to 16 in 2022. Bahrain and Portugal’s legal age of consent are the highest in the world at 21 followed by Niue, an Oceanian country at 19 years. In Europe, the minimum age to have intercourse varies. While some countries such as UK and Russia have set the age at 16, in other countries such as Malta it is as high as 18. Initially, Spain had the lowest age of consent in Europe, but raised it from 13 to 16 in 2013. Also Read: Not a Joke: Why the Japanese are taking lessons on how to smile In India, the age of consent was 16 from 1940 until 2012, when the Prevention of Children from Sexual Offences (POCSO) Act raised the age of consent to 18 years. As per the United Nations, the minimum age of sexual consent is the age from which someone is deemed capable of consenting to sexual activity. The aim of setting a consent age is to protect adolescents from sexual abuse and from the consequences of early sexual activity on their rights and development. According to the Committee on the Rights of the Child, 13 years of age is “very low”. It has stated in the past that the age should avoid the over-criminalisation of adolescents’ behaviours and prevent access to services. Accordingly, it should respect the evolving capacities of the child and not be set too high. With inputs from AFP Read all the Latest News , Trending News , Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook , Twitter and Instagram .