Long story short – the friend(24f) of mine went to meet with a Japanese YouTuber, because he wanted to take an interview. They met in izakaya and she drank too much alcohol (which he bought for her), so that was almost unconsciousness. He used this situation and took her to his house using a taxi, and assaulted her there without having an agreement. She barely remembers the details but is sure that it happened.
The realization of what actually happened came only the next day, so there is no evidence like DNA or something. The visit to the police station was not only useless, but even traumatizing, as they blamed her for everything and refused to accept a report, because it’s only her words.
So it seems like justice will not happen here, so I would like to ask if anything else could be done? Are there any resources or groups that can help? she already has a psychologist so this kind of help is not required.
31 comments
Go to a clinic and let them check her. Most likely even after a day there will be DNA to collect. Don‘t waste any more time. After that or parallel, contact a lawyer.
I think the outcome will probably be to blame her for not controlling her drinking. In cases of sexual assault, the Japanese justice system doesn’t have any notion of “affirmative consent.” The fact that she knowingly drank and then didn’t protest during the assault basically puts the perpetrator in the clear.
Japanese police only protect japanese people, I tried to help a friend before and after 2 hours they told her to scream loud next time
I’m so sorry. Please look into options for emergency contraceptives asap. Hopefully you can also find prevention care for STIs. She may have other injuries that can’t be seen, so an examination by a clinic is a good idea. I’m really glad that she has a supportive friend with her.
Just for anyone reading this, within 72 hrs is the usual timeframe for DNA collection, but an examination after this time can sometimes find other pieces of evidence that might help. It’s difficult, but for the best chances of obtaining evidence don’t bathe, don’t change clothes, don’t do laundry, don’t comb your hair, etc—but even if you’ve done some/all of these things, you can still go have the examination done. In the US this type of forensic sexual assault exam is also known as a rape kit, and is done by certified SANE nurses. It sounds like the Japanese equivalent does exist, but I’m not sure how easily available it is.
Was he drinking as well?
I’m sorry for your friend 🙁 And scared of YouTubers now
Try to contact 性暴力被害者のためのワンストップ支援センター google it and see if they could help. don’t just take the words of people saying things like police won’t help, or only help Japanese or it’s not considered crime. ask the experts and see if they can help your friend gather evidence.
She needs to go to an actual police station (Not a Koban) and strongly request that you want to file a report.
In many situations local police at the Koban`s will try to resolve things as much as possible without escalating situations.
However this can lead to very poor outcomes, criminals getting off as the you have described. If you demand to file a police report, they must investigate.
There was a guy on reddit the other day who was in the opposite situation.
He got accused with no evidence and got arrested…
Unfortunately welcome to a land which is 116th on the gender equality rankings. It’s not gonna be easy for her, non japanese plus lack of concrete evidence.
Shit even with evidence it would have been a fight
Listen, I hope your friend finds justice, and to do that, let’s examine how the criminal justice system works.
If the police were to have arrested the alleged assailant, which they do have the discretion to do, they next need to go to a judge and provide evidence that this individual has some connection to the crime. They need to prove that both individuals were present, and ideally(in this situation), present some kind of evidence that intercourse occurred. Without either of these things, there is no judge in the world that will issue a warrant.
If for some reason the judge does, the district prosecutor needs to gather evidence to present at trial. If the assailant has half a brain, they will exercise their right to silence. So now you’re asking the prosecutor to go to a judge, ask them to convict someone based on, “I said this happened, so it did”. The defense lawyer, again, if they have half a brain, will exercise their right to silence and point out the prosecutor can not prove the 2 individuals even met. This is “reasonable doubt”, “due process”, and “innocent until proven guilty” in action.
There is no justice in convicting someone of a crime based on one person’s verbal version of events. Can you imagine the world, if anyone could go into a police station, and have anyone arrested, and potentially convicted of a crime, just by saying something happened. Which, actually in Japan, can happen, for up to 3 days. You’re going to need a hell of a story, and some hope of evidence, but it is possible.
So let’s get evidence. As other comments have mentioned, your friend can go to a doctor as there is likely trace amounts of evidence. Don’t wait, go now.
Next, is there video and audio recordings? Prove they met, prove the assailant had some motivation(to take advantage of), or attraction, to the victim. Text messages showing they wanted to meet, and the purpose of their meeting. Does your friend have google maps? If they have tracking turned on, they can place themselves at the assailant’s apartment. It also records time, so it can show that it was (presumably) late at night, and can help to show that your friend was in a vunerable state. Did she send any drunken text messages? These can be double-edged, but it can show that her decision making was compromised and that the assailant took advantage of that. Did they exchange texts or messages after the event? Did they talk about it? Prove that it happened. Provide some kind of evidence that it was non-consensual. Even an outraged text the next morning is better than nothing.
I’m not trying to dismiss your friend’s situation, but if you want justice, you’re going to need to prove things. The criminal justice system, at least in theory, does not want to incarcerate innocent people. There is a high bar for convicting someone of a crime, and if the only tools you can give the prosecutor is your word, then you’re asking a hell of a lot out of them.
If the typically siding on Japanese national side, practically useless Jcops are not going to take it seriously then could be worth your friend reaching out to her embassy.
I know for example the UK embassy provides assistance for UK nationals affected by rape and sexual assault in Japan (and other countries). On the off chance she’s a UK national See here: https://www.gov.uk/government/publications/information-for-victims-of-rape-and-sexual-assault-in-japan
I’m sorry about what happened to your friend, but this sounds like a “he said, she said” type situation that wouldn’t go far in any country. Especially if they were both drinking. What is “almost unconscious?” Is that actually unconscious, or just blackout and can’t remember drunk? People may do things they don’t remember in blackout mode. I would honestly ditch any idea of a long, drawn out, and likely traumatizing legal retribution (unless she was actually unconscious) and try to get emotional support from family, friends, or a medial professional.
Expose that YouTuber.
>The visit to the police station was not only useless, but even traumatizing, as they blamed her for everything and refused to accept a report, because it’s only her words.
The police station *cannot* refuse to take a report, but they will do everything in their power to discourage her. She should not leave until they have allowed her to report the crime.
Call the news and let them know that you try to get help on tv and they refuse you they will make hell for them
1. Did your friend visit a police station or a koban? Because kobans are basically there to give people directions or take lost property. To report an actual crime crime you need to go to one (or possibly more) actual police stations. A koban and the cops within aren’t going to help her unless she’s being actually raped at that moment. To find the correct station and people to start she should call 110 and ask for an interpreter.
2. The rape/consent laws in Japan might be very VERY different from what you’re used to, explicit agreement for the act to take place is not required. I’m not sure if it’s still the case but you used to have to violently resist (there was talk about updating that to match reality not sure if it ever happened). That being said her being incapacitated by alcohol and unable to consent would meet the definition of rape. Her lack of memory of whether the act took place though complicates things…
I am so sorry for your friend. Sexual assault is unfortunately fairly common in Japan, and the reaction of the authorities can be as you mention – it’s called “second rape”, セカンド レイプ. I feel so sad she had to go through it.
It’s really not her fault.
One of the most respected and well-known lawyers for sexual assault cases is Kamitani Sakura (上谷さくら), her office is around Kanda, although I don’t know whether she can speak English. Still, just visiting her (with a Japanese friend) could help, as at the very least a civil case can be started.
It’s also notable that her case fits the Japanese Law definition of rape, as she was incapacitated (otherwise it requires active fighting back from the victim/survivor).
Your friend could try contacting SARC, sexual assault and relief center. They are available 24hrs a day at 03-5607-0799 or [sarc website](http://sarc-tokyo.org/) . (Change language is on top right)
*put the clothes she was wearing into a paper bag ASAP, not plastic. Also, try not to shower or wash hands.
In the future, (hopefully you never need this info again) don’t take any time to think about it and contact them first. They will try to meet you and go to the police or hospital together so they can translate for you. They also have free phone call consultations. Did you know that in Japan you have to buy your own rape test kit? They can bring one with them when they meet you. Also, unfortunately she may need to look into ‘morning after’ medication, which is difficult to get in Japan. And she must think about any transferred sexual diseases.
Most importantly, please let your friend know this is not her fault. She may want to reach out to speak with a counselor.
[here](https://www.city.edogawa.tokyo.jp/documents/29365/sarc-in-english.pdf) is a pamphlet with some helpful info.
She needs to get a dna swab within 5 days of the incident first, if possible. The sooner the better. Chances of any DNA surviving, as the days count up to 5 drops like a rock.
Japanese police is very very very bad, can’t expect anything from them. My foreign friend was arrested because he had a compact folding saw in his car (he used to fix his car). He tried to explain so many times and even requested the police to come to see his car, they still put in the record that my friend was scared of being hit by other cars so he had it to protect himself (100% made up by them).
I hope the case will be solve in your friend’s favour
I really dislike those stories where the victim suffer this kind of thing and the Japanese police (or Japanese in general maybe) is not helpful at all
Name that motherfucker! Honestly, why wouldn’t you in the first place?
How about naming and shaming the youtuber?
Who is this Japanese YouTuber?
As much as I am curious about who this YouTuber is. I would advise your against naming this person. You can be sued for defamation in Japan even if it’s true.
People with more legal expertise than me, please feel free to correct me if I’m wrong
I got a creep convicted of sexually assaulting me, only because of the DNA. without, he would’ve gotten away with it.
That’s horrible.
Actually this reminds me of the fella that [recently posted here](https://www.reddit.com/r/japanlife/comments/tcxseo/arrested_on_fake_accusation_absolute_nightmare/) who got the police called him him and went to jail for hugging someone on a date a long time after it happened, and he went to jail for weeks, based solely on a woman’s testimony. Can someone explain the difference to me?
The complaint was filed from a Japanese woman and he is a foreigner. Maybe I just answered my own question
Japanese police are teeeeerrible when it comes to assault and rape, they are lazy and just rude, often offensive. So sorry that anyone has to deal with them.
You need evidence surely
She went out with him and decided to get drunk, then she went to his home and had sex.
Those are the facts that we know. The rape part is only a claim made by her without a proof. There is nothing the police can do. Move on.
And don’t get drunk with strangers next time, and don’t go to their apartments.