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They already knew the attacker would escape punishment days after their rape, claims Megumi Okano.
Megumi, who refers to themselves as “they,” knew who was responsible and where to look for him. However, Megumi also understood that there would be no case because the Japanese authorities were not likely to classify what had taken place as rape.
The university student consequently made the decision not to call the police to report the incident.
"He got to live a free and easy life because I couldn't pursue [justice] that way. Megumi declares, "It hurts me.
However, a shift might be on the horizon. The only other revision to the country's sexual assault laws in a century is currently being discussed in the Japanese parliament.
The biggest and most important change in the bill is that it will redefine rape from "forcible sexual intercourse" to "non-consensual sexual intercourse," effectively allowing for consent in a society where the idea is still not well-accepted.
Rape is defined by current Japanese law as "forcible" sexual activity or indecent acts carried out "through assault or intimidation," or by preying on a victim's "unconscious state or inability to resist.".
Contrary to many other nations, where the term is used more broadly to refer to any sexual act or non-consensual intercourse, no means no.
Activists contend that Japan's restrictive definition has resulted in even more restrictive legal interpretations by judges and prosecutors, creating an impossible standard for justice and encouraging a culture of skepticism that discourages survivors from reporting their attacks.
For instance, in a case from 2014 in Tokyo, a man had pinned a 15-year-old girl to a wall and engaged in sex with her despite her resistance. The court determined that he was not guilty of rape because his actions did not make it "extremely difficult" for her to resist. Because Japan's 13-year-old consent age is the lowest among the richest democracies in the world, the teenager was treated as an adult.
According to Yuu Tadokoro, a spokesman for Spring, a group for sexual assault survivors, "the actual trial processes and decisions vary - some defendants were not convicted even if their acts were proven to be non-consensual".
That is the reason, according to Megumi, they did not call the police following the assault by a fellow university student.
Megumi claims that they were watching TV together when he started making advances toward her in a sexual manner, but she refused.
He launched an assault after that. Megumi claims that the two "wrestled" for some time before Megumi froze and gave up resisting. Activists claim that sometimes the law does not cover this well-established response to an assault.
Megumi, a law student, later realized what had happened would not have qualified as "assault and intimidation" under the court's definitions after studying the penal code and case precedents.
In Japanese investigations, they had also heard of victim-blaming and "second rape," in which victims are re-traumatized by the insensitivity of the police or medical personnel.
"Considering the slim chance I had of obtaining justice, I did not want to go through that process [of an investigation]. That's why I refrained from calling the police. My report's acceptance was even uncertain at the time, they claim.
Megumi claims that instead, they went to the university's harassment counseling center, where they prompted an investigation and came to the conclusion that the attacker had raped them.
When contacted by the BBC, the center declined to comment, citing client confidentiality.
The attacker had graduated by the time the investigation was finished, so he only received a warning, according to Megumi. "I was disappointed that, through the criminal justice system, I was unable to properly induce this person to regret his actions. ".
Not by herself, Megumi. Just slightly less than the average criminal prosecution rate, only one-third of rape cases identified in Japan result in prosecutions.
But the public has been calling for change more and more.
When four sexual assault cases that each saw the alleged attacker cleared within a month surfaced in Japan in 2019, the public there was outraged.
In one instance in Fukuoka, a man had sex with a woman who had passed out after drinking, which is equivalent to sexual assault in other jurisdictions. According to testimony given in court, the woman attended her first regular drinking session at a restaurant.
The event, which was reportedly known for its sexual permissiveness, was where the man claimed "men could easily engage in sexual behavior," and witnesses who saw the incident claim nothing was done to stop it. He further assumed that the woman gave consent because, while engaging in the act, she briefly opened her eyes and "uttered noises.".
In a different case in Nagoya, a father repeatedly had sex with his teenage daughter over a period of years, but the court questioned whether he had "completely dominated" her because she disobeyed her parents' wishes by choosing a school, even though a psychiatrist testified that she was typically psychologically unable to resist her father.
In most of these cases, a second trial was held after the public outcry, and the attackers were convicted. To show support for sexual assault survivors, activists started a national campaign known as the Flower Demo.
Activists claim that this, the growing MeToo movement, and journalist Shiori Ito's historic victory all contributed to advancing legal reform by igniting a national dialogue on sexual assault.
Eight situations where it is difficult for the victim to "form, express, or fulfill an intention not to consent" are specifically listed in the new law as part of the redefinition of rape.
Intoxication from drugs or alcohol is one of them, as are being threatened or experiencing violence, as well as being "frightened or amazed.". The victim of a power abuse may also be "worried" they will suffer consequences if they do not comply in a different scenario that seems to describe a power abuse.
Additionally, the consent age will increase to 16 years old, and the statute of limitations will be boosted.
The scenarios have been criticized by some rights groups as being too ambiguously worded and calling for more clarification. They worry that by doing this, the prosecution will have a harder time establishing the charges. Others have suggested extending the statute of limitations even further and adding additional safeguards for minor survivors.
However, the reforms would represent a victory for those who have long pushed for change if they were to be adopted.
Kazuko Ito, vice-president of the Tokyo-based Human Rights Now, says, "We are hoping that people will start this conversation in Japan on: What is consent? What does non-consent mean." They are changing even the title of the law.
But time is of the essence. By June 21st, the new law must be approved by the upper house of the Diet, Japan's parliament, which is currently divided over immigration.
Failure to meet that deadline would make the sex assault reforms uncertain. Activists criticized the delay last week and urged lawmakers to act right away, calling it "unacceptable.".
However, activists who are calling for change go far beyond the courtroom claim that the reforms only address a portion of the issue. .
Sexual assault is still a taboo topic in Japan and has only recently come to the attention of the country as a result of high-profile cases like Shiori Ito's legal battle, sexual assault survivor Rina Gonoi's public statements, and the Johnny Kitagawa expose.
The fact that Japanese people have had "a distorted idea of sex and sexual consent" for several generations, according to Kazuko Ito, is part of the issue.
On the one hand, consent is rarely discussed and sex education is typically taught in a subdued and modest manner. Ms. Ito claims that despite this, it is simple for Japanese kids to access porn, where it is all too common to see women enjoying having sex against their will.
Sakura Kamitani, an attorney and human rights defender, believes that Japan should provide more financial and emotional support to victims of sexual assault.
She continues, "But the attackers should also get assistance.". "Sex crimes have such a high recidivism rate; without prevention, there would be an increasing number of victims. ".
But activists contend that passing and implementing the reforms, which will compel survivors to report cases, is the more crucial task at hand right now.
According to Ms. Ito, it would be disastrous for people if this only results in a superficial change that doesn't actually save victims.
If the law changes, but not right away, Megumi says they would think about telling the police about their attack.
I've already made some progress toward resolving my emotions. They use the Japanese term for the first person to dive into something new, "first penguin," and claim that it would be too difficult to assume that serious of a position.
Megumi, who identifies as gender-fluid, is putting more of her energy into advocating for the rights of sexual minority groups and assault survivors. She also plans to launch a law firm to support these organizations.
"I'm relieved to see some hope now. Many people are beginning to understand how incorrect and distorted our current situation is.
If everyone pitches in and cooperates, I think things will change more quickly and significantly than we think. Let's change it together if you think something is wrong, is my message to everyone. '".
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