Breaking the Black Box: The Impact of the 2023 Changes to the Japanese Penal Code on Rape

In 2017, the Japanese penal code was amended to broaden protections for victims of sexual assault. However, pressure mounted for further protections after several decisions on cases involving rape shocked the nation in 2019. In 2023, the penal code was amended again including to raise the age of consent to 16 and broaden the definition of rape to include nonconsensual sexual acts. This comment examines the history of rape law in Japan, introduces challenges that victims of sexual assault face when trying to seek justice, and analyzes the first cases determined under the amended code.

Finally, it looks to the United States, the United Kingdom, and Germany on how to improve access to justice for victims of sexual assault in Japan. Ultimately, Japanese courts appear to be recognizing previously unrecognized psychological factors that victims of sexual assault face. However, it is too early to tell whether the code changes alone will greatly improve how the rate of rapes that are reported and prosecuted.