[Examples of Consultations]
- I forcibly had intercourse with a lady of an adult entertainment shop. Then, a victim report for rape was filed, and I got called from Mita Police Station of the Metropolitan Police Department…
- While taking care of a drunken woman, I got sexually excited and had intercourse with the woman in the bathroom.The woman went to consult with the police of Meguro Police Station of the Metropolitan Police Department, then Iwas arrested and detained on suspicion of quasi-rape…
1. Rape & Quasi-Rape: Kyoseiseikoutou-zai (former Gokan-zai) & Jun-Kyoseiseikoutou-zai (former Jun-Gokan-zai)
Rape (Kyoseiseikoutou-zai, former Gokan-zai) (Article 177 of the Penal Code) is a crime of through assault or intimidation, forcibly committing sexual intercourse / anal intercourse / oral sex with another without his or her consensus. The crime is also of committing sexual intercourse / anal intercourse / oral sex with another under thirteen years of age even with his or her consensus.
The former Penal Code criminalized only sexual intercourse as the crime of rape. However, the acts similar to sexual intercourse such as anal intercourse and oral sex were criminalized according to the enforcement of the amended Penal Code on 13th July 2017 in terms that the acts similar to sexual intercourse should be punished as well.
In addition to that the act is not limited to sexual intercourse, it is possible to establish the crime of rape when the victim is male.
On the other hand, quasi-rape (Jun-Kyouseiseikoutou-zai, former Jun-Gokan-zai) (Article 178(2) of the Penal Code) is a crime of committing sexual intercourse / anal intercourse / oral sex with another who passed out under the influence of, such as, alcohol and lost consciousness to resist or was not able to resist. Not only a case where the offender made the victim drink so that the victim lost its consciousness or was unable to resist but also a case where the offender committed sexual intercourse / anal intercourse / oral sex with another who had been already drunken and lost its consciousness or was able to resist constitute the crime of quasi-rape.
The interest protected by law regarding the crime of rape is individual sexual freedom. Therefore, both rape and quasi-rape are the serious crime whose statutory penalty is “imprisonment with work for not less than 5 years”. The amendment of the Penal Code raised the lower limit of the statutory penalty from 3 years to 5 years.
The crime of rape was an offense prosecutable upon a complaint (Article 180 of the Penal Code) because sexual crimes concern privacy matters of the women. However, the amendment of the Penal Code made it no longer offense prosecutable upon a complaint.
Therefore, the public prosecutor can initiate prosecution against the crime of rape without complaint.
▼Summary of Rape and Quasi-Rape
| Rape (Article 177 of the Penal Code) | Quasi-Rape (Article 178(2) of the Penal Code) | |
| Act |
① “Through assault or intimidation”, “committing sexual intercourse / anal intercourse / oral sex” “with another at age 13 or over”; or, |
“commits sexual intercourse / anal intercourse / oral sex with another” “by taking advantage of a loss of consciousness or inability to resist, or by causing a loss of consciousness or inability to resist” |
| Statutory Penalty |
Imprisonment with work for not less than 5 years | |
| Complaint | Complaint is unnecessary | |
2. How about a case that the offender commits rape causing injury? – Rape Causing Death or Injury: Kyoseiseikotou-Chishisho-zai (former Gokan-Chishisho-zai) (Article 181(2) of the Penal Code
Where the perpetrator raped the victim, and injured him/her or caused death, he could be charged with rape causing death or injury (Kyoseiseikotou-Chisho-zai, former Gokan-Chisho-zai) (Article 181(2) of the Penal Code) whose sentence is heavier.
The statutory penalty of rape causing death or injury is imprisonment with work for life or for a definite term of not less than 6 years.
Rape causing death or injury is not offenses prosecutable upon a complain because these crimes bring result of death or injury. For that reason, a public prosecutor can indict the suspect without a complain.
Once prosecuted, these crimes are subject to a trial by lay judges (saibanin saiban in Japanese).
3. How about a case that several persons involved in rape? –former Gang Rape (Article 178-2 of the former Penal
Code)
The former Penal Code provided that gang rape is a crime that “two or more persons jointly” commit rape or quasi-rape (Article 178-2 of the Penal Code).
The statutory penalty of gang rape was “imprisonment with work for a definite term of not less than 4 years”.
However, raping by several persons can constitute accomplice of rape (kyoseiseikotou-zai) because the enforcement of the amended Penal Code: (1) raised the lower limit of statutory penalty of rape to 5 years, and (2) made it no longer depend on complaint from the victim.
~If you have trouble with rape and quasi-rape cases, please consult a lawyer~
In rape and quasi-rape cases, it is the key in the early resolution to consult with a lawyer quickly, make an apology and pay the damage to the victim, and settle the case out of court.
While rape and quasi-rape are not offenses prosecutable upon a complaint, whether the complaint was made or not is crucial factor for the public prosecutor to determine whether he prosecutes or not. For that reason, the victim drops charges, which increases the possibility that a public prosecutor will not bring an accusation against the suspect. Once the public prosecutor decides not to prosecute, the suspect will not have a criminal record, where detained, be released.
However, the victim can withdraw a complaint only before a public prosecutor prosecutes the case.
Therefore, it is important to consult with a lawyer from the stage that the police investigate rape and quasi-rape cases. Our office that specializes in criminal cases make a defense in the best way while paying adequate attention to the victim of serious cases.
▼My family member got arrested and detained for rape or quasi-rape…
▼I committed rape or quasi-rape. I admit the charge, so I want to apologize to the victim in good faith…
▼I am investigated on suspicion of rape though there was a consensus between I and the other…
If you have trouble with rape and quasi-rape cases,
Please contact AICHI Criminal Cases Law Firm as soon as possible.
Lawyers specializing in criminal and juvenile cases provide with the free consultation or first interview service in an expeditious and careful manner.
