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Spread Forex PYG HTG Ro 1 Pornography, Rape and Sex Crimes in Japan

Spread Forex PYG HTG Ro 1

y reported uproar regarding a case of rape by American servicemen of a young Okinawan girl in 1995 might reflect, this crime is taken quite seriously in Japan (Anonymous, 1995). Analysis, thus, particularly of the years covering this last decade of rapid change, seemed of value.

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Methods
The period chosen for investigation includes the twenty-three years from 1972 to 1995. These are years for which official data from Japan are available. Prior to 1972 the data collection methods and associated definitions used in Japan were significantly different from those presently in use and are not suitable for comparison. These years cover a time period during which Japan transitioned from a nation whose laws (or their interpretation) relating to pornography changed from sexually prudish to a country whose sex censorship laws can now be classified as permissive.

Definitions
The terms pornography, rape, sexual assault and such are in popular use but are also legal terms. For the purposes of simplicity in the present discussion, pornography is broadly defined as any sexually explicit material (SEM) primarily developed or produced to arouse sexual interest or provide erotic pleasure. It may be in any media and it may be legal or illegal. In Japan, as in the United States, sexually explicit material to be found illegal must be found obscene. Production or distribution of obscene materials is illegal. Each prefecture can, with its own ordinances, modify the law as it is applied to persons under 18 years of age. In application, nationally not only might pornography include so-called hard core erotica, but until the 1970s and into the 1980s this included material that graphically presented genitals, pubic hair, or frontal nudity. Depictions of any sexual act in educational material or work of art might fall under this definition. Public and official attitudes toward such materials, however, appeared to gradually relax from the 1970's on. Particularly in the years 1990 and 1991, major shifts became apparent in how this law was interpreted; fewer materials were being charged as obscene and even fewer convictions obtained. The reasons for this shift are not obvious.

The jury system is not used in Japan. Final determination of which materials or acts meet any criteria of criminality are typically decided by a panel of 3 judges to whom the material or incident is presented. In Japan, the laws are applied nationally but often interpreted regionally; judges in the cities are often more lenient regarding pornography than are those in rural areas. To promote uniformity across the country, approximately every three years the judges are rotated to a different prefecture. As in other countries, initial determination of criminality is first made at a lower level, e.g., the local policeman or custom agent. Alleged obscene material is confiscated with a determination of actual obscenity to be made later.

Japanese law recognizes six fundamental types of sex crimes (Roposensho, 1989). These crimes are defined approximated by the following: 1) Public indecency [Article 174] refers to behaviors such as public exposure of the genitals; incidents which "violate a sense of morality." Presently this article is most often used against strip theaters that the authorities consider pressing the limits of lewdness but is also used to deal with behaviors such as flashing and peeping. 2) Obscenity [Article 175] is any practice or sexually erotic material whose preparation, sale, distribution or display can evoke "uncontrollable or disquiet reason." 3) Sexual assault [Article 176] is defined as threat or actual force in a sexual encounter less than rape. 4) Rape [Article 177] is penetration, regardless of how slight, of a female's genitals with a penis. There is no provision for rape of males. 5) Constructive compulsory indecency and rape [Article 178] relates to statutory offenses, where an individual due to mental or physical limitations, is considered unable to offer knowledgeable consent. Here males or females can be considered as victims for this crime. 6) Attempted sexual assault, attempted rape or attempted statutory rape [Article 179] law applies to rape or sexual assault that has been attempted but not accomplished. Attempted rape applies only to females, attempted sexual assault can consider as victims either males or females.

Pornographic Materials
The exact amount of pornography available now or at any time in the past, is, difficult to determine. Unlike sex crime statistics, such data are not accurately amassed by any government or private agency in Japan. Many, if not most, of the manufacturers or distributors of pornography are legitimate companies whose production figures are kept confidential as commercially proprietorial. Additional illegal manufacturers of pornography have products which are available but whose production figures are not. In Japan, however, it is safe to say that whatever definitions of SEM and pornography are used, there are more such materials publicly available now than there were in the 1970s and 1980s. Indications are that the amount and types of such items have been increasing over time as measured in numbers of units produced or in yen value. Where available, actual figures for the amounts and types of pornography or sexually explicit materials are given below. In other cases qualitative measures or descriptions are offered.

Sex Crime Data
Data on the actual number of reported sex crimes in Japan are from the files of Roposensho, the Japanese National Police Agency (J.N.P.A.). This agency is somewhat comparable to the Federal Bureau of Investigation in the United States. The J.N.P.A. has been maintaining crime statistics for Japan since 1948. Basically yearly reports from all 47 Japanese prefectures including Okinawa are collated. These official crime records are based on reports from independent police investigations. During the period under review there has been no known change in the method of collecting and recording of data.

RESULTS
Pornography Availability
There are many indications that document an increase in the number and availability of sexually explicit materials in Japan over the years 1972-1995. Under the auspices of "Juvenile Protective Ordinances" formulated within and for each prefecture (except Nagano prefecture), data have been collected of items that might be "considered harmful for juveniles." Once items are so designated they are forbidden to be sold or distributed to minors under 18 years of age. Collected by local authorities, these are statistics on items such as sexually explicit films, books, magazines and video tapes. It can also include explicitly violent materials. These data are forwarded yearly to the Youth Authority in Somicho (Government Management and Coordination Agency). Items so listed increased from some 20,000 items in 1970 to slightly more than 37,000 in 1980, to almost 41,000 in 1990 and to roughly 76,000 in 1996, the last year for which such data are available. Since 1989 the greatest increase in such materials were accounted for by sexually explicit video tapes. Despite any such categorization, these materials remained readily available to persons of any age.

In 1991 twenty-one prefecture governments designated 46 specific sexually-oriented publications as being "harmful to juveniles" and complained of them to the publishers (Burrill, 1991). The companies involved accepted the criticism and its industry's "Publishing Ethics Council" voted for self regulation and advised its member firms to affix an "Adult Comics" mark on sex oriented manga (Anonymous, 1991a). The Council further advised their distributors to maintain these comics in the "adult corner" of their stores. This advice was not always followed. Sales of such sex-filled comics totaled more than ¥ 180 billion in 1990, a figure up 13 percent from the year before (Burrill, 1991).

Production of the classic Japanese love film Ai no corrida ("In the Realm of the Senses") was banned from Japan due to its nudity and erotic content. This film by Nagisa Oshima was produced in France in 1976 and quickly became a sensation at film festivals in New York and Cannes. When first shown in Japan, however, in October of 1976 the film was seized by authorities. Based on a true story well known in Japan, its content --involving the vivid depiction of asphixiophilia-- was nevertheless considered too obscene for public viewing in Japan. The producer and script writer were taken to court and charged with obscenity but found not guilty (Okudaira, 1979; Oshima, 1979; Uchida, 1979). A cut expurgated version was subsequently released. Frontal nudity was permitted to appear on film for the first time at the 1986 Tokyo film festival (Downs, 1990).

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