Hi everyone,
My nephew is half Japanese and half Filipino, though he has lived nearly all of his life in Japan. He lives in Kyushu, and was assaulted while working at his baito by some guy that bullied him when he was in elementary school.
In the assault, the guy injured my nephew’s eye, and a doctor has said that he may have some impairment permanently.
The shop owner called the police, but the kid had already run off. As it turns out, the kid’s parents found out the police were after their son, and drove him to his uncle’s house so he could hide there. They then lied to the police, and told them that they hadn’t seen their son. Well, they also neglected to mention that the son was on the lam when they left him with the uncle. So, the uncle took the kid to his high school, where the police were waiting for him.
The kid was arrested and jailed, and was subsequently expelled from his high school. During his interrogation he literally told the police that he attacked my nephew because he was Filipino.
How is this type of thing handled in Japan? I am telling my family to lawyer up, but is there anything specifically that they should do to ensure that my nephew is compensated for the injury he sustained?
The son is 17, so he was charged with a misdemeanor, but can action be taken against the rest of the family? How does financial compensation for an injury sustained during a crime work there in Japan? I think the father that helped his son evade the police is jettai (if it is relevant).
10 comments
That’s sad
They have no restraint when it comes to smaller foreigners.
Shocking. And I get the desire for retribution but maybe take a breath.
It’s likely the bullies life is properly fucked now.
You won’t get a huge compensation unless he’s been blinded in one eye. And then I suspect a civil suit would be required.
You mention he’s been arrested and jailed. All you should care about is a conviction. Be warned. Japan can be very light on sentencing kids.
Still. I’d say wait for news of a criminal conviction and see how the eye healing goes. Then see what other avenues you want to explore.
Certainly seek initial consultation with a lawyer but maybe decide in advance what to focus in on.
Oh. If it helps. I’ve never had an experience with a doctor here when they didn’t speculate it could be something. Nothing on the X-ray. “It might be a fracture we can’t see yet.” It’s just something they do.
Oh. I’d not place importance on the hate crime aspect of all this. That’s basically not a thing in Japan.
Correct me if I’m wrong but there basically is no such thing as a “hate crime” in Japan. Too hard to prove. Perp would just be charged with said crime.
Talk to a lawyer that specializes in your type of case. You’re only going to find comments and anecdotes here.
If the parent aided and abeted, that could be another thing you could go after.
The criminal side of the equation has already been handled – there’s no hate crime legislation in Japan, so you’re dealing with simple assault. The police may still have charges pending for aiding the son in evading prosecution, but that’s up to the prosecutors, not you.
You will need to wait until medical treatment is conclusively finished, and then your family can get into the civil side of things. As the son was a minor at the time of the crime, his parents bear civil responsibility for the results of his actions. You will have a solid civil suit for the racial discrimination as well as the medical damages and the pain and suffering.
Be prepared, though, that the family will likely simply refuse to respond to the courts and try to drag out proceedings – and then when they eventually lose, they will likely simply refuse to pay, necessitating another court action to seize any property held. These kind of families tend to act like this, unfortunately. Your family may be in for a long fight.
Edit: Best to consult a lawyer now, there may be preliminary legal actions to take to ensure that no statutes of limitations run out on the civil claims.
I could be wrong but age only protects the minor it does not protect the parents from being sued for damage.
Ethnic Koreans living in Japan are routinely harassed by ultranationalists and not much happens because there are no hate crime laws or anti-discrimination laws of any kind in Japan. The Japanese government is big on human rights internationally where it’s good for PR but terrible on human rights at home. Your best bet is to consult with a lawyer, as you indicated, but there isn’t much legal recourse, AFAIK.
Crimes like these absolutely call for the most punitive punishment possible, from both sides. In criminal court and civil court via a lawsuit.
I’m not sure why the first comment here is some wanker telling you to breathe. F that! Be upset.
To focus on your questions:
A lawyer will ensure that your nephew will be compensated. I wish i could offer direct contacts to lawyers, but it depends where you’re physically located. Go to every law office available and eventually someone will point you in the right direction.
If you have evidence of the wrong doing of the mother and father (uncle too), submit it and be loud about it to the lawyer you choose.
When you say “jettai” like 日本の自衛隊(Japanese self defense force?).
It is very relevant. Be loud to the lawyer, be loud to the media. Send letters to all local media outlets and tell the story of what happened. If it hasn’t already been broadcasted.
As for hate crime laws, most people here are right. EXCEPT, you can charge people with Hate Crimes in Kawasaki Japan, but it’s only a local ordinance that doesn’t allow other prefectures to use. Since you said you’re in Southern Japan, you most likely aren’t in Kawasaki…
Personally: I’ve been attacked through hate crimes in Japan, twice now. Im a little darker than your average half person, who was born here but raised abroad. I’m not a really large person, it seems to happen to us a lot. I’ve taken it up with lawyers each time and been compensated. The process usually takes a long time though! But stay strong. I’m sorry you had to deal with this and I hope your nephew is okay.