Japanese Government changed name to ‘non-consensual sexual intercourse’ in order to propose amendments to the Criminal Code to make specific the requirements for its enactment

2 comments

1. Source: [「不同意性交罪」に名称変更　刑法改正案、成立要件を具体化 (in Japanese)](https://www.jiji.com/jc/article?k=2023031400268&g=pol)

   On 14 January, the Government of Japan adopted a Cabinet decision on a draft amendment to the Criminal Code and other measures to clarify the requirements for the establishment of sexual offences. The name of the crime of forcible sexual intercourse was changed to the crime of non-consensual sexual intercourse, and eight specific acts and situations that are punishable were illustrated. It also included an increase in the age of consent for sexual intercourse from 13 to 16. A new offence of ‘filming’ is also established to control voyeuristic filming of sexual parts.

   The amendment merges the offences of forced or quasi-forced sexual intercourse with the offence of non-consensual sexual intercourse. In addition to “using assault or threats”, the amendment lists acts such as “making a person consume alcohol or drugs” and “making a person fear or be startled” as requirements for the offence. If the offender is made to have difficulty in “forming, expressing or fulfilling” his or her “intention not to consent” through these acts, the offender can be punished.

   The current Criminal Code stipulates ‘assault or threat’ as a requirement for the crime of forcible sexual intercourse. Although this is interpreted as an act that makes it extremely difficult for the victim to resist, it has been pointed out that in some cases the degree of resistance of the victim is disputed in court, and that sexual crimes cannot be punished appropriately.

2. I agree, all governments should be called “non-consensual sexual intercourse”.