Outrage at acquittals in rape cases sparks calls to fix Japanese law

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Outrage at acquittals in rape cases sparks calls to fix Japanese law
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Miyako Shirakawa was a 19-year-old college student when she was raped by an olde...

TOKYO - Miyako Shirakawa was a 19-year-old college student when she was raped by an older man. She said that when the attack started, her mind went blank and she froze up.

A recent series of acquittals has revived outrage over that legal standard, which Shirakawa and other critics say places an unfairly high burden on victims, deterring them from coming forward and hurting their chances in court if they do. According to a copy of the verdict seen by Reuters, the court recognized that the sex was non-consensual, that the father had physically and sexually abused the victim when she was younger and that he had used force. But the judges concluded that doubt remained as to whether she had no option other than to submit. The case is under appeal.

The #MeToo movement has been mostly subdued in Japan, and only 2.8 percent of sexual assault victims tell police, often for fear of being blamed themselves and publicly shamed. “The idea is women must resist to the very limit. That is at the heart of this kind of ruling,” Murata said. “And there is still the view that ‘No means Yes.’ It is not yet the common view that a woman’s agreement is necessary before having sex.

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