Changes: DV law- its coverage has been expanded from spouses to unmarried couples who live together.
Anti-Stalking law- Sending email is included in the definition of “stalking” which is regulated by the law.
The revision of Japan’s DV law and Anti-stalking Act
1. The revision of
Japan’s DV law and
Anti-stalking Act
Tomoko Endo
Social Inclusion Support Center
2. DV law and Anti-stalking Act
have been revised
June 2013, Japan’s DV law and Anti-stalking Act
have been revised.
The DV law has been revised three times, and this
is the first time the Anti-stalking law has been
revised.
The legislation against Violence against Women
in Japan is very inadequate.
At the moment we only have these two laws.
3. The major points of the current
revision
DV law: its coverage has been expanded from
spouses to unmarried couples who live together.
Anti-Stalking law: Sending email is included in the
definition of “stalking” which is regulated by the
law. The local public safety commission in the
offender’s residential area is now able to warn
offenders.
4. We consider these revisions
unsatisfactory.
We can’t say it is a drastic revision. However, this
revision was created through the private shelters’
NPO movement in a tough political situation
where female politicians are very few.
The percentage of female members of the
national parliament is about 10%
5. The legislation process:
Domestic Violence Law
In 2001, a law to prevent Domestic Violence was
enacted through the initiative women diet
members and private shelter staff.
However, its coverage was limited to “Spousal
Violence” between married couples.
In the past two revisions made in 2004 and 2007,
we could not expand its coverage to “Intimate
Partner Violence” occurring in non-marital
relationships.
6. The legislation process:
Domestic Violence Law
The points of the past two revisions are:
①Covered children as targets of the Protection Order
②Included psychological violence as a target of the
Protection Order.
③Made it an obligation of prefectural governments to
draw up an action plan.
There still are many issues to overcome.
7. Pending issues of the DV Act
Need to expand targets to: Intimate non-cohabiting partners;
Same-gender partners, etc.
Must assign private shelters and support organizations to become
operating bodies based on the law. (In Japan, they are public
shelters are mainly run by government organizations)
Need to implement offender rehabilitation programs
Need to make violence prevention education/training compulsory
Need to introduce Emergency Protection Order
Offer financial support to victims
Extend temporary protection (Now only 2 weeks)
Make Intimate Partner Violence a Crime
8. The legislation process:
Anti-stalking Act
Legislated by concerned Diet members as the Okegawa
stalker incident (Saitama) aroused public awareness against
stalking.
Despite a clause to review the law after 3 years, no effort was
made until this year.
The revision was difficult because victims/survivors and
supporters were not organized.
Police did not recognize stalking as a serious issue of violence
so it was not given priority.
9. Pending issues of the
Anti-stalking Act
① Police to decide whether the law is applicable to each case
(Submitting a complaint is not enough)
②Protection order cannot be used
③Cannot offer emergency protection or shelters
④The police has no manual to deal with Sexual assault crimes.
⑤ Cannot deter actual violence.
⑥There is no regular training for the entire police force.
10. Key serious incidents of violence
against women in Japan
When: Nov. 6, 2012
Where: Living rm. Of an apartment (Zushi, Kanagawa Pref. )
Who: Victim: Designer, Female, stabbed to death by exboyfriend 40 y.o. Male, of Tokyo.
Offender hung himself from the 2 fl. window of the same
apartment.
Victim received 100 e-mails daily, and reported to the police
but could not get a protection order. The offender used a
detective service to find her home. This incident triggered the
enactment of the Anti-stalking law.
11. Key serious incidents of violence
against women in Japan
When: Oct. 8, 2013
Where: Mitaka, Tokyo
Victim: 18 y.o. Female high school student
Offender: Killed by ex-boyfriend.
He sent e-mails threatening to kill, and was stalking around her
house. She and family consulted the police repeatedly but
could not prevent it.
He sneaked into her house and hid in the closet to wait for her
to come home. This incident occurred just after the revision.
12. Key serious incidents of violence
against women in Japan
When: Dec. 21, 2006
Where: Yoshinogawa, Tokushima Prefecture, southern Japan.
Who: 40 y.o female , killed by separated husband. Tokushima
Regional Court issued a protection Order due to his continuous
violence. (Restraining order). Husband raged over the
issuing of the Order, used a detective service to track his wife
and killed her.
13. key serious incidents of violence
against women in Japan
When: Feb 10, 2010
Where: Ishinomaki, Miyagi Pref.
Offender: Minor Male
Victim: Sister and friends of Ex girlfriend (both 18 y.o. at the
time )
He came to the victim’s parents house and killed her elder sister
and a high-school friend, and severely wounded a male friend.
They were not married but had an infant together.
The family consulted the police many times but Protection order
was not issued since they were non-cohabiting minors.
14. Revisions needed in the
Japanese legal system
Violence against women occur incessantly.
Neither the DV Act or the Anti-stalking act are adequate.
Furthermore, there is no comprehensive legislation that aims
to eradicate violence against women.
On the other hand, women in Japan have not reached a
consensus yet, and have not yet acquired political force.
We need a movement to push for a comprehensive
legislation to ban sexual assault as a whole, in the aim for
legal reform regarding violence against women.