Japan To Ban Upskirting In Sweeping Sex Crime Reforms

Upskirting

The first rules in Japan prohibiting sexually exploitative images or recordings of individuals without their agreement are now being introduced by lawmakers.

The "photo voyeurism" measure would outlaw practices such as upskirting and covertly photographing sexual activities.

Up until recently, these criminal offences had to be tried in accordance with the vastly different local prefecture legislation.

The measure is a component of a larger revision of Japan's sex crime legislation that would also broaden the definition of rape.

It expressly forbids the photographing, sharing, and/or ownership of pictures of someone's genitalia without that person's permission.

It also makes it illegal to take pictures of someone being forced into sexual postures without their consent. The measure expressly forbids photographing youngsters "in a sexual manner without justification."

In Japan, young models—mostly girls—are frequently represented in suggestive sexual poses. Some have been asked to pose in swimwear or lingerie, for instance.

According to local media accounts, images of players in athletic gear have occasionally also been utilised for immoral or sexually explicit purposes.

Offenders might get a fine of up to 3 million Japanese yen (£17,500; $22,000) or a three-year sentence in jail.

The revisions should be approved in June of this year.

It follows a growing public call for tougher laws to make acts made possible by mobile phone photography illegal.

A record number of over 5,000 arrests for covert photography were made by Japanese police in 2021, more than three times as many as in 2010.

According to a study conducted by a national aviation trade organisation released in March, around seven out of ten flight attendants in Japan have also claimed that their images were secretly taken.

To prevent secret recording, the majority of Japanese cell phone makers have already put audible shutter noises on their mobile handsets.

Although voyeurism is illegal in many Asian nations, enforcement varies.

If found guilty of secretly photographing pornographic pictures in South Korea, the maximum penalty is five years in jail or a fine of up to 10 million won (£6,000; $7,500).

Only 5% of the 2,000 illegal filming cases that went to court between 2011 and 2016 were sentenced to jail time, according to the Korean Women's Lawyers Association.

Voyeurism convictions in Singapore can result in fines, imprisonment for up to two years, caning, or a combination of these punishments.

Voyeuristic offences involving victims under the age of 14 will result in obligatory imprisonment, as well as fines and caning.

Following a wave of rape convictions that resulted in multiple acquittals in 2019, Japan has been considering several changes to the penal code to strengthen its legislation against sex crimes.

A commission of the Japanese Justice Ministry suggested in February of this year increasing the consent age from 13 to 16. Additionally, the reporting deadline for rape will be extended from 10 to 15 years.

The plan from the government also seeks to redefine rape and make grooming of kids illegal.

Japan currently has the lowest legal consent age among advanced nations including the G7.

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