The government's Legislative Council has compiled a proposal to revise the Penal Code in line with the reality of sexual crimes.
Some people who were involved in the study said, "It's such a big revision that I can't think of anything comparable to the past."
Summarize the main points of the draft.
Establishment of a crime to appease the youth
The draft outline included new crimes based on recent trends in sexual crimes.
First, a new crime will be created to crack down on approaching children for sexual purposes, taming them, and psychologically controlling them.
In recent years, with the spread of SNS and other factors, the number of children who fall victim to crimes has increased, and discussions have been held to prevent such crimes.
As a result, children under the age of 16 may be deceived or seduced for obscene purposes, demanded to meet with a promise to give money, or actually met, or may have obscene images taken. Even if you ask to send it by SNS or email, you will be charged with a crime.
However, in cases where the victim is between the ages of 13 and 15, the condition is that there is an age difference of at least 5 years.
Establishment of shooting crime
In order to prevent so-called voyeurism, a new "photographing offense" was added to crack down on acts such as taking obscene images and providing them to third parties.
Based on the actual situation of the damage, there are also cases where the current provisions are reviewed.
With regard to sexual crimes such as forced or quasi-forced sexual intercourse, under the current law, crimes are defined as ▽ the perpetrator committing the crime through ``violence or threats'' and ▽ the victim being in a state of ``insanity''. necessary for establishment.
However, in response to the voices of victims saying that they can be harmed without any obvious assault or threats, the draft guidelines take into consideration the physical and mental condition of the victim and the relationship with the other party. Showed 8 acts.
In addition to "violence and threats," the
requirements were presented as follows:
▽ "causing mental or physical disability,"
▽ "consuming alcohol or drugs,"
▽ "sleeping ." ▽ Assuming
the victim is suddenly attacked, ``Do not give them time to refuse,''
▽ The victim's body stiffens from the shock. , assuming a so-called freeze state, "to frighten or frighten"
▽Assuming that the victim has been sexually abused for many years, "having a psychological reaction due to abuse" ' and
concerned about the disadvantages they suffer from the status-based influence of their economic and social relationships', such as teachers and students.
If such acts make it difficult for the victim to express their intention to disagree, they can be charged with a crime.
In the middle of the discussion, a proposal was presented to punish those who were forced to make it "difficult to refuse", but the expression was revised in response to comments such as "imposing an obligation to refuse on the victim's side." I was.
On the other hand, victims are demanding further revisions so that they can be charged with crimes without their active consent, and it is expected that this will continue to be a point of contention.
Raising the age of sexual consent
The age at which consent to sexual activity can be determined will be raised from the current "13 years old or older" to "16 years old or older".
In the discussion, there was an opinion that even love affairs of the same age could be punished, so it is said that it will be applied when there is an age difference of 5 years or more between the other party.
If you commit an obscene act against a child under the age of 13, you will be charged with the same crime as now.
revision of the statute of limitations
A review of the statute of limitations was also included.
Based on the characteristics of sexual damage that it is difficult to sue immediately after being damaged, the statute of limitations will be extended by five years for crimes such as forced indecency and forced sexual intercourse.
Considering the fact that it is particularly difficult for children to disclose their damage to others, the idea is that the statute of limitations does not actually progress for children under the age of 18 from the date of the damage until they turn 18. was also shown.
Amendment plan to be submitted in the current Diet session
A sexual crime called "murder of the soul".
In the discussion on the revision of the law, which began in response to the increasing voices of victims, the point was how to clarify the requirements for a crime so as not to give rise to false charges, while fully considering the characteristics and actual conditions of sexual assault.
The Ministry of Justice plans to submit a bill to revise relevant laws to the current Diet session.