Japan has finally raised its age of consent for sex from 13 to 16, after more than a century of having one of the lowest in the world. The parliament approved the change on June 23, 2023, and will take effect on January 1, 2024. The move is seen as a long overdue step to protect children from sexual exploitation and abuse and to align Japan with international standards and norms.
Background
The age of consent for sex in Japan was set at 13 in 1907 under the Meiji Civil Code. It was based on the assumption that children under 13 were not capable of sexual consent and that those above 13 were mature enough to make their own decisions. However, this law did not apply to all cases of sexual activity involving minors. There were other laws that prohibited rape, indecent assault, prostitution, child pornography, and sexual intercourse with close relatives. These laws had different definitions and penalties for different age groups and situations. For example, rape was defined as forcible sexual intercourse with a female under 20, and indecent assault was defined as any sexual act with a female under 18 without consent. Prostitution was illegal for anyone under 18, and child pornography was illegal for anyone under 20. Sexual intercourse with close relatives was illegal for anyone under 20, unless they were married.
Problems
The low age of consent for sex in Japan has been criticized by many domestic and international groups for being outdated, inconsistent, and inadequate to protect children from sexual exploitation and abuse. Some of the problems that have been pointed out are:
– The law did not consider the consent of male minors or same-sex minors, leaving them vulnerable to sexual violence and discrimination.
– The law did not take into account the power imbalance between adults and minors, especially in cases of grooming, coercion, manipulation, or bribery.
– The law did not reflect the reality of adolescent sexuality and development, which varies widely among individuals and cultures.
– The law did not comply with the international conventions and treaties that Japan has ratified or signed, such as the Convention on the Rights of the Child (CRC), which sets the minimum age of consent for sex at 16.
– The law did not match the social expectations and norms of most Japanese people, who generally disapprove of sexual relationships between adults and minors.
Reform
The reform of the age of consent for sex in Japan was initiated by a group of lawmakers from various political parties, who formed a nonpartisan alliance in 2022. They drafted a bill that proposed to raise the age of consent for sex from 13 to 16, and to unify the definitions and penalties for all cases of sexual activity involving minors. The bill also aimed to introduce new measures to prevent and punish sexual exploitation and abuse of children, such as mandatory reporting by teachers and doctors, stricter regulation of online platforms and services, and more education and awareness programs. The bill received widespread support from civil society organizations, experts, celebrities, media outlets, and public opinion. It also faced some opposition from conservative groups, who argued that the change would infringe on the rights and freedoms of minors, parents, and educators. However, after several months of debate and revision, the bill was passed by both houses of parliament with an overwhelming majority.
Japan’s decision to raise its age of consent for sex from 13 to 16 is a historic and significant achievement that will benefit millions of children in the country. It will also bring Japan closer to the international community and its own values and principles. However, the change is not enough by itself to eradicate the problem of sexual exploitation and abuse of children in Japan. There is still a need for more legal, social, cultural, and educational reforms to ensure that children are respected, protected, and empowered in all aspects of their lives.