Innocent for “sexual violence against daughters” 2nd trial begins Prosecution “Unable to resist situation” October 28, 19:37

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In Aichi Prefecture, the trial of the second trial of the father who was acquitted in the first trial was charged with the crime of sexually assaulting his real daughter. It was obvious that the first judgment was wrong and claimed that it met the requirements of guilt. Meanwhile, his father's lawyer again innocent.

This trial was accused of sexually assaulting a 19-year-old real daughter in Otototo Aichi Prefecture. While acknowledging, he was acquitted of a 10-year sentence for imprisonment, saying he did not meet the guilty requirement of "the opponent was in a state where he could not resist".

The prosecution appealed the judgment and appealed from the 28th in the Nagoya High Court from the 28th.

The prosecution said, “In light of sound social common sense, it is usually impossible for a real child to accept an action with a father. 1 Judgment does not specifically examine whether there was a special circumstance, and reveals the situation of resistance, etc. I just caught it. ”

After that, he said, “If you look at the situation at that time, it is clear that she was able to act after she was unable to resist,” she argued that the 1st trial was wrong and met the requirements of guilt. did.

Meanwhile, his father's lawyer again innocent.

Regarding the innocence of the first trial, the perpetrators of sexual violence were exempted from crime because the requirements of the criminal law were too strict, and the organizations made by victims submitted a signature to the Ministry of Justice requesting revision of the criminal law. A big ripple spread, such as a protest demonstration.

The next hearing will be held on December 13th, when a specialist doctor will testify that the daughter was not psychologically resistant at the time.

Ripples spreading in innocence

In May, an organization made up of victims of sexual violence who received the innocence of the first trial said, “It may be difficult to resist even in situations where the victim seems to have resisted. I have requested the Ministry of Justice to review the requirements of criminal law.

The Supreme Court also called on judges to conduct training based on medical knowledge about the victim's psychology, saying that there were variations in recognition of whether the victim could not resist.

In April, demonstrations began protesting acquittal in various places.

The demonstration was named “Flower Demo” to express the feeling of snuggling up to the victims with flowers, and is now expanding to 22 cities nationwide including Nagoya.

The first trial is not guilty

Why was the first trial deemed innocent?

In Japanese criminal trials, in order to punish sexual acts as a crime, it is necessary not only to "not agree with the other party" but also to "approach to a state where it cannot resist".

In order not to spread the subject of punishment too much, in particular to punish vicious cases, assault and intimidation, or use situations where normal judgment is not possible, to opponents who can not resist You will be charged with sexual activity.

Whether or not it was impossible to resist was not only when there was a `` physical / physical '' cause, but also a `` psychological '' situation where the victim could not resist fear or could not refuse・ This includes cases where there are mental causes.

In the judgment of the first instance, Yumitsu Ukai, President of the Okazaki branch of the Nagoya District Court admitted that the first “daughter did not agree” was “it was extremely unacceptable sexual abuse”.

The father also admitted that his daughter had continued sexual abuse using his position, such as repeating sexual activity from the second year of junior high school and violence if he refused.

On the other hand, we didn't certify that the second “I was able to resist”.

He decided that he was in a state where he could do it, but he did not refuse.

As for the reason, the first trial touched on the fact that the daughter had taken measures against the sexual assault by consulting with his brothers at one time. “The personality was completely controlled and obedient. It ’s hard to admit. ”

And unlike "if you can't resist from fear" or "if you weren't supposed to have an option to respond to the act," you were acquitted of not being able to resist.