2003 JAPAN LAW: SEX LAWS
Keywords: Sex Laws, Minors, Juvenile Law, Minors, Internet, Pornography, Penal Code
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
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The government of Japan has enacted a law whereby adults soliciting sex with minors over the internet will be prosecuted. The Law Concerning the Regulation of Activities Enticing Minors Using the Internet Sexual Introduction  Activities  imposes a maximum fine of one million yen against the violator without regard to their age or sex. Minor is defined as a party under 18 years of age. Police note that in reality in nine out ten cases involving child prostitution were initiated by the children (although mostly on the older end of the scale). Critics note that this should have little effect and may well just be mimicking foreign laws. The reality is that the preferred mode of contact is via the mobile which now provide not only text capabilities but cameras as well. Critics also believe that the law will force the activity deep underground.  Under previous legislation the girls could not be prosecuted and were the primary source of information in arresting the men. With the new legislation as the girls also be open to prosecution, they are likely to clam up with the police, fearing for their own cases.

In this relation, in September 2003 a 41 year old Japanese man was arrested at Narita airport. The man was accused of running a sex tourism business in Cambodia. He even had a website where there were photos of nude underage girls.

The Ministry of Justice is now planning to revise the Penal Code with respect to sex crimes. Presently rapists are given a maximum punishment of 2 years, compared to a five year term for robbery. Of course that version of the Penal Code was written in 1907 and written by men who exclusively had the vote, and owned most of the property. Their interests were clearly reflected in the legislation. In addition, the Ministry of Justice is also considering adding a completely new crime of gang rape. Gang rapists would be given a minimum sentence of four years, but in those cases where death resulted, the sentence would be between six years and life. The penalty for rape resulting in death would be increased from 3 years to life to 5 years to life.