Father accused of raping his daughter in Japan found Not Guilty, “She could have resisted” rules Nagoya court.

Today’s Asahi Newspaper, NHK and other media ran a story about a shocking and appalling ruling handed down in Nagoya Court on March 26th.

The father of a woman, who was 19 at the time of the alleged sexual assault, was tried on charges of quasi-rape (準強制性交等罪)after having non-consensual sexual intercourse with his daughter at their home in Aichi Prefecture in August and September of 2017.

Quasi-rape in Japan is defined as sexual intercourse taking place when the victim is unable to give their consent or say not. You may remember that a prominent friend of Prime Minister Abe, and also his biographer, was supposed to be arrested on charges of quasi-rape for an alleged attack on journalist Shiori Ito. In Ms. Ito’s case, she claimed to have been drugged and sexually assaulted. A high-ranking police office who was formerly the secretary to cabinet spokesman Yoshihide Suga, intervened to stop the arrest and scuttle the attack.

In situations where the victim is drugged or unable to refuse to have intercourse with an assailant due to threats or danger to their life, and has sex against their will, charges of quasi-rape can apply.

The prosecutors argued that because of repeated violence and threats leveled against his daughter, that she was unable to say no to her father’s sexual demands. The defense argued that the sex was consensual—and even if she wasn’t able to resist, she still consented.

The court ruled in their judgement that the daughter had not consented. They even noted, “Because of the many years of sexual abuse [and other abuse], that she was mentally under the control of her father.” The court also recognized that she had been forced to have sex with her father since her second year of junior high. However, the …continue reading