Japan Changes Its Age of Sex Consent from 13 to 16

Tokyo – Japan has changed the age of consent from 13, among the world's lowest, to 16 years old as lawmakers passed key reforms to sex crime legislation. 

A new bill, which also clarifies rame prosecution requirements and criminalizes voyeurism, cleared parliament's upper house in a unanimous vote. 

The age of consent below which sexual activity is considered statutory rape is 16 in Britain, 15 in France, and 14 in Germany and China. 

Japan’s had been unchanged since 1907, with children aged 13 and above deemed capable of consent. In practice, across many parts of the country, regional ordinances banning “lewd” acts with minors are sometimes seen as in effect raising the age of consent to 18.

Under the new law, teen couples no more than five years apart in age will be exempt from prosecution if both partners are over 13.

Japan last revised its criminal code on sexual offenses in 2017, for the first time in more than a century, but campaigners said the reforms were insufficient. And in 2019, a string of acquittals in rape cases triggered nationwide rallies.

Under the previous law, prosecutors had to prove victims were incapacitated due to violence and intimidation. Critics argued that the requirement in effect blamed victims for not resisting enough.

The bill that passed on Friday contains a list of examples under which rape prosecutions can be made. 

These include victims being under the influence of alcohol or drugs, being frightened, and perpetrators taking advantage of social status.

A justice ministry official stated that this year, the clarifications were not “meant to make it easier or harder” to secure rape convictions, but “will hopefully make court verdicts more consistent”.

The bill also contains a new “visitation request offense”, according to the justice ministry. It means that people who use intimidation, seduction, or money to coerce children under 16 to meet for sexual purposes will face a prison sentence of up to a year or a fine of 500,000 yen or (US$3.500 or IDR 52 million).