compulsion

Article

January 18, 2022

Compulsory sexual intercourse is a crime of sexual intercourse, anal sexual intercourse or oral sexual intercourse (hereinafter referred to as "sexual intercourse, etc.") for a person over 13 years old using assault or intimidation, or for a person under 13 years old. It is a crime of having sexual intercourse. It is stipulated in Article 177 of the Criminal Code. It used to be a crime of rape that applies only when the victim is a female. The criminal law amendment bill was passed on June 16, 2017 (Heisei 29). The crime of rape was abolished by promulgation on June 23 of the same year and enforcement on July 13, and this crime as a succession type was amended and enforced. This offense applies regardless of the gender of the victim and is a non-antragsdelikt offense.

Compulsory sexual intercourse crime

It is a crime that involves forcing a person to have sexual intercourse by using assault or intimidation, and having sexual intercourse with a person under the age of 13 regardless of whether or not there is assault or intimidation.

Act

Assault / Intimidation

The fact of assault or intimidation as a means of forced sexual intercourse is necessary. The assaulter or intimidator and the performer of sexual intercourse do not have to be the same person. According to the judicial precedent, the assault / intimidation of the old rape crime is "sufficient if it makes the other party's rebellion extremely difficult", to the extent that the other party's rebellion is impossible, as in the case of robbery. It does not have to be assault or intimidation. The current mainstream case law and interpretation is based on this judgment. However, the psychiatrist who treated many victims of sexual assault talked about the fact that the only thing he hears is that he can only think of surviving with fear and feels helplessness and despair rather than resistance. He is skeptical of the situation, "If you can't prove that the perpetrator had a clear" assault or intimidation, "you can't be guilty."

Subject

It does not matter what gender it is, as it involves sexual intercourse against the will of the other party. The same applies when a third party has sexual intercourse. Before the revision of the Penal Code in 2017, the crime of rape was a criminal perpetrator (constitutive identity offender) (March 30, 1965, Penal Code Vol. 19, No. 2, p. 125), so in principle, men and women are men. It was understood that adultery, which is the act of rape, cannot be performed (a woman cannot be a direct criminal alone). On the other hand, according to Article 65, Paragraph 1 of the Penal Code, an accomplice can be an accomplice even if he is not a man (even if he does not have a status), a woman conspires with a man to suppress the victim (joint offense), and a woman rapes another woman. A specific example of an accomplice was when a man was asked to do so (incitement).

Object

It is a person who is the target of sexual intercourse, etc. against his / her will, regardless of gender. The target of the old rape crime was limited to females, and even if they had sexual intercourse with men, the rape crime was not applied and the compulsory obscene crime was applied. If the other party is under the age of 13, it constitutes a crime of compulsory sexual intercourse, etc., even if there is no intimidation or assault, or even if both parties agree. The purpose is to legally protect adolescents who are inexperienced in judgment.

Fuck, etc.

In the 2017 (2017) revision of the Criminal Code, the act type was changed from "fornicating a girl" to "having sexual intercourse, anal sexual intercourse or oral sexual intercourse". Under the definition of adultery of the old rape crime, partial insertion of the male genitalia into the female genitalia is completed, regardless of pregnancy and ejaculation. There is no literary definition for each of sexual intercourse, anal sexual intercourse or oral sexual intercourse for this crime, and the judicial precedent is unknown as of 2018 (Heisei 30), but the answer of the government witness at the next House of Representatives Legal Committee According to, the following cases are assumed. 2017 (Heisei 29)

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