- My husband was arrested by police of Arakawa Police Station of the Metropolitan Police Department on suspicion of having sex with a 17-years-old girl in exchange for payment…
- My son in collage is put under investigation by Shinagawa Police Station of the Metropolitan Police Department about a charge of having sex with a 15-years-old girl whom he met on the Internet…
Having sex with a child for child prostitution or paid dating may constitute of (1) crime of child prostitution (violation of Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children); (2) violation of Child Welfare Act; or, (3) violation of prefectural ordinance of juvenile protection. For that reason, you can be investigated or arrested by the police.
Having sex with a child without consent or with a child under the age of 13 may constitute of rape (Article 177 of the Penal Code), or forcible indecency (Article 176 of the Penal Code).
1. Criminal Punishment & Statutory Penalty of Child Prostitution, Paid Dating, and Violation of Ordinance of Juvenile Protection
| Charged Offenses | Criminal Punishment & Statutory Penalty |
| Child Prostitution (Violation of Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and Protection of Children) (Article 4) | Imprisonment with work for not more than 5 years or a fine of not more than 3,000,000 yen |
| Causing a Child to Commit an Obscene Act (Violation of Child Welfare Act) (Article 60(1), 34(1)(ⅵ) of Child Welfare Act) | Imprisonment with work for not more than 10 years or a fine of not more than 3,000,000 yen, or by cumulative imposition of both of them. |
| Violation of Prefectural Ordinance of Juvenile Protection (Ex. Article 24-3, 18-6 of Tokyo Metropolitan Ordinance Regarding the Healthy Development of Youths) | Imprisonment with work for not more than 2 years or a fine of not more than 1,000,000 yen |
| Rape (Article 177 of the Penal Code) | Imprisonment with work for a definite term of not less than 5 years |
|
Forcible Indecency (Article 176 of the Penal Code) |
Imprisonment with work for not more than 6 months not less than 10 years |
A) Child Prostitution
According to Article 2 (2) of Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and Protection of Children, “child prostitution” as used in Article 4 of the Act providing crime of child prostitution means that:
- With a child (a person under 18 years of age (Article 2(1) of the Act));
- In return for giving or promising remuneration;
- Having intercourse (sexual intercourse or any conduct similar to sexual intercourse, or touching genital organs, (i.e., genital organs, anus and nipples) of a child or having a child touch one’s genital organs for the purpose of satisfying one’s sexual curiosity).
Therefore, having intercourse with a child in exchange of payment or with promise of payment may constitute of crime of child prostitution.
“Intercourse” includes not only sex but conduct similar to sexual intercourse such as touching a child’s genital organs or having a child touch one’s genital organs.
B) Violation of Child Welfare Act
Child Welfare Act prohibits “act that cases a child to commit an obscene act (Article 34(1)(ⅵ) of the Child Welfare Act), and sets criminal punishment for the violation (imprisonment with work for not less than 10 years or a fine of not more than 3,000,000 yen (or cumulative imposition of both of them)). (Article 60(1) of the Child Welfare Act)
“Child” as used in the Child Welfare Act means a person under 18 years of age (a person at age of 18 or over is not considered) (Article 4(1) of the Child Welfare Act)
“Obscene act” includes not only sexual intercourse but also any conducts similar to sexual intercourse. Thus, a conduct that falls short of sexual intercourse such as digital sex or oral sex may be punishable, and a person who did such conduct may be investigated or arrested by the police.
“Cause a child to commit an obscene act” can be interpreted as indicating a conduct to have a child have sex with the third person. However, there is the precedent on violation of Child Welfare Act deciding that an adopted father had a considerable influence on a child victim, so that the fact that the adopted father himself had sex with the child constituted of “cause a child to commit an obscene act”. With the object to punish indecent conduct against and sexual intercourse including anal intercourse and oral sex with a child by a person in a position to protect the child severely, the amended Penal Code provides indecency and rape by the guardian (Article 179 of the Penal Code) which can be established when “a person who has actual custody of” a child commits indecent conduct or sexual intercourse against “the child”.
C) Violation of Ordinance of Juvenile Protection
There is a possibility to violate prefectural ordinance of juvenile protection (in Japanese, seishōnenhogoikusei jōrei, or seishōnenikusei jōrei).
In Tokyo, “Tokyo Metropolitan Ordinance Regarding the Healthy Development of Youths (Article 24-3, 18-6)” prohibits “sex” and “a conduct similar to sex” with “a person under 18-years age” and provides penalties (imprisonment with work for not more than 2 years or a fine of not more than 1,000,000 yen).
Violation of ordinance of juvenile protection, unlike crime of child prostitution, does not require exchange of money.
Therefore, this crime is the crime of just having sex with a person under 18.
~Defense in Cases of Child Prostitution, Paid Dating, and Violation of Ordinance of Juvenile Protection~
1. Significance of the Out-of-Court Settlement
If you committed child prostitution, engaged in paid dating, had sex with a child under 18, please consult with a lawyer.
These facts may be discovered by the police after the child who had sex with you was taken by the police.
In case where you have already committed child prostitution, engaged in paid dating, or had sex with a child under 18, and you admit the fact, it is important to move toward the out-of-court settlement in a moment. Your lawyer can raise the possibility that you will not have criminal records by settling a case out of court with the child concerned before the police starts to investigate the case, or seeking a decision not to prosecute even though the police involved into the case.
If you committed child prostitution, engaged in paid dating, had sex with a child under 18, we recommend you settling a case out of court through your lawyer.
In a case that the victim is a minor, it is normal to reach an accommodation with his/her parents as a legal representative. However, they often refuse to meet the perpetrator him/herself. Moreover, if the perpetrator him/herself works on the victim’s side, the police might doubt that the perpetrator is trying to destroy or conceal evidence so that he/she would face increased risk to be investigated or arrested by the police.
Even though you were arrested, detained, or prosecuted, the settlement increases the possibility to release you. Prompt settlement lead to early social reintegration and return to work.
2. Arrested for Child Prostitution, Paid Dating, Violation of Ordinance of Juvenile Protection
When you got arrested for child prostitution, paid dating, or violation of ordinance of juvenile protection, you may be kept detained for up to 23 days along with detention after arrest. If you or your family appoint a lawyer right after your arrest, the lawyer will defend by preventing detention or extension of detention.
Those who are worried about cases of child prostitution, paid dating, or sex with a child under 18, please come to consult with AICHI Criminal Cases Law Firm having rich experience in sexual criminal cases.
Lawyers specializing in criminal and juvenile cases personally provide with “the free consultation”. If the suspect got arrested, they provide for “the first interview service” that they personally go to a detention cell where the suspect is detained, at the shortest on the day.
