Part Two: Report by Article

Laws punishing violence against women are those such as murder (Article 199 of the Penal Code: execution or life imprisonment or imprisonment with labour of more than three years), lethal assault (Article 205 of the Penal Code: penal servitude for at least two years), assault (Article 204 of the Penal Code: imprisonment of less than ten years or a fine of not more than ¥300,000 or a minor fine), battery (Article 208 of the Penal Code: imprisonment with labour of not more than two years or a fine of not more than ¥300,000 or penal detention or a minor fine), intimidation (Article 222 of the Penal Code: imprisonment with labour of not more than two years or a fine of not more than ¥300,000), arrest and confinement (Article 220 of the Penal Code: imprisonment of more than three months and less than five years), indecent assault (Article 176 of the Penal Code: imprisonment with labour of not less than six months and not exceeding seven years), and rape (Article 177 of the Penal Code: imprisonment with labour of not less than two years) are prescribed and have been appropriately enforced.

Those who have been victimized in such ways may file a lawsuit. Formerly, rape, indecent assault and other sexual crimes had the same period of complaint as other crimes, which was within six months after the criminal was identified. The victims of sexual crimes, however, are likely to have difficulties in deciding whether to file suit or not due to the mental trauma and other various circumstances surrounding the case. Therefore, on 12 May 2000, the "Law to Amend the Civil Procedures Law and Inquest for Prosecution Law" eliminated the period of complaint concerning sexual crimes and extended the period of complaint until the statute of limitations for public action runs out.

Furthermore, to alleviate the mental burden borne by victimized women who testify in front of the defendant at the public trial on criminal cases, the law has introduced a system which allows a qualified personnel to be with the victim during the testimony, separates physically a witness from the defendant or designated spectators, and enables the witness in a different room to testify on a monitor by video link.

As described in Article 6

As described in Article 6

As described in Article 16

As described in Article 16

For cases that need expert victim support, police personnel designated besides the investigator accompany the victim to the hospital and provide other forms of support to alleviate the victim's psychological trauma.

At the same time, upon request, police personnel with specialized knowledge and skill in counseling provide counseling for victims with psychological trauma inflicted by the crime. Psychiatrists and private counselors are introduced to victims who require long-term counseling. Such measures to alleviate the psychological traumas of victims are provided through cooperation with relevant organizations and agencies.

Further support is offered to the victim through the Victim Support Liaison Council, made up of local governments and judiciary officials, medical professionals and private organizations. This council responds to the various needs of victims, through active information exchange, building trust and establishing channels of communication with relevant agencies and strengthening a system for cooperation with them.

In 1996, in order to alleviate the mental burden of the victim by taking appropriate measures in consideration of the victim's point of view, and also to promote more pertinent and more effective investigations into sexual crimes, "instructors on sexual-crimes investigation methods" and the "sexual-crimes investigation unit" were established at the police headquarter of each prefecture and other important sites. Measures were also taken to alleviate the victim's psychological trauma by having a policewoman undertake investigative interviews and activities. Also, a "sexual-crimes investigation evidence collection kit," that includes tools necessary for evidence collection and change of clothes in case the victim's clothes have to be kept as evidence is being distributed.

In order to prevent a woman being victimized by the same offender, the police have been taking preventive measures such as giving crime prevention lectures and keeping watch. To strengthen the preventive measures, an "Outline for the Prevention of Repeated Victimization" was established in August 2001. The provisions of this Outline include "designating the victims" requiring continued prevention measures as the objects of repeated victimization prevention, as well as strengthening liaisons with relevant legal agencies.

Furthermore, responding to the situation where the number of cases in which women or children are victimized by such crimes as murder, rape and indecent assault have been increasing. Along with a number of consultations regarding stalking and spousal abuse of women as well as attempted kidnapping and child abuse, the "Summary for Measures to Protect Women and Children" was established. In cooperation with volunteers, local governments, and others, measures to protect women and children are being promoted. Crime prevention equipment including personal alarms are provided as support for women and children who have been victims.

In order to provide easy access for the victimized women and encourage them to file or consult their cases, the police have been supporting them by providing appropriate information such as brochures giving explanations of criminal procedure and various relief systems in easy-to-understand terms, pertinent information of the investigation process and the situation of the suspect, and also by responding accurately to inquiries from the victim, while providing a consultant for the sexual crime such as the "Sex Crime Hotlines" installed in each prefectural police force.

In addition, to ensure smooth counseling, further improvements have been made to the facilities and equipment, such as the refurbishment of the lighting, interior, and furniture of the counseling rooms, procurement of "specially-equipped vehicles" for interviewing the victims on the site where they request, while protecting their privacy.

(i) Establishment of the "Specialist Committee on Violence Against Women"

(ii) Establishment of the "Special Committee of Managers from Ministries and Agencies Concerned Relating to Violence Against Women"

(i) "Movements to Eliminate Violence Against Women"

(ii) "Symposium on Violence Against Women"

From September to October of 1999, the Government conducted a national survey on violence between the two sexes for the first time. The questionnaire included variables such as national awareness, modalities and extent of violence experienced, and reasons why many of these cases went unreported. Nationwide, 4,500 males and females of over 20 years of age were asked to take part in this survey. As a result, 0.5 % of males (approximately 1 in 200) said that they had ever been subject to such violence by their spouse or partner as to make them fear for their life, whereas 4.6% of females (approximately 1 in 20) responded likewise.

Stalking is defined as recurrent and persistent act of 'pursuing' a specific individual, while, in turn, pursuing is defined as physically following the person, intruding or hanging around the home, demanding relationships, making silent phone calls, and other acts to "satisfy love or other favorable feelings towards the person," or to "work off grudges resulting from the failure to satisfy these feelings." Criminal punishments have been established for "stalking," and the police shall warn, restrict and implement other administrative measures to individuals who are conducting the act of "pursuing." The victims of stalking can also receive prevention support from the police.

During the first 13 months after the implementation of the law restricting stalking and similar acts, there were 988 warnings, 38 restrictive orders and 799 cases of prevention support and 164 cases of arrest. There were also 1,025 stalker cases that led to arrests made by the application of other laws, including 190 arrests for assault, 163 arrests for intimidation, 140 arrests for breaking and entering, and 110 arrests for destruction of property.

In the Law Concerning Regulations etc., on Stalking Activities and similar Acts, there are provisions that when the victims wish to take prevention measures on their own, the police commissioner and others may take steps for prevention support measures if specific conditions are fulfilled. Specifically, instruction in self-prevention measures and lending of personal alarms, equipping of portable automatic notification devices and other forms of support may be given. In addition, through cooperation with relevant administrative organs and organizations, effective victim support is being promoted.

Penal provisions are applicable to sexual harassment in the workplace. Examples include battery, intimidation, compulsion (Article 223 of the Penal Code: imprisonment with labour of not more than 3 years), defamation (Item 1 of Article 230 of the Penal Code: imprisonment with or without labour of not more than 3 years or a fine of not more than ¥500,000) and insult (Article 231 of the Penal Code: penal detention or a minor fine). These penal provisions have been appropriately enforced in accordance with individual cases.

Under the Law on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (the Equal Employment Opportunity Law), it is an obligation for those in charge of employment management to give consideration to the prevention of sexual harassment in the workplace. The guideline set under this law requires the employer to give considerations to: (i) establishing a clear policy on sexual harassment, making the said policy known to employees, and providing related education; (ii) responding to consultations and complaints, and (iii) making a prompt and appropriate response to a sexual harassment case, once it has occurred.

According to a 1999 survey conducted on private corporations, 49.0% of them have "clear policies that do not tolerate sexual harassment, and have made efforts to make the said policy known to employees," 34.3% have established "contact points for consulting and complaints," 36.8% say they have determined "how to respond to sexual harassment cases once they occur."

Comparing corporations by scale, the larger the corporation, the better prepared it is to implement each of these measures. The percentage of corporations that have adopted all of these three measures is also higher among larger corporations.

Among the complaints relating to the Equal Employment Opportunity Law lodged to the Equal Opportunity Employment office of Prefectural Labour Bureaus in FY2000, the complaints related to sexual harassment amount to 8,614, or large in number than any other type of complaints.

To ensure that corporations will implement effective sexual harassment prevention measures, the Government strives to raise awareness on the Equal Employment Opportunity Law and its guidelines. Government officers visit companies regularly and give administrative guidance to employers who do not implement sexual harassment prevention measures in the workplace.

For small and medium companies, the Government provides employers and those in charge of personnel and labour affairs with information on specific efforts to be made as well as consultations and other services.

Furthermore, since FY1999, expert sexual harassment counselors have been stationed in the Equal Opportunity Employment office of each Prefecture's Labour Bureau in order to address the needs of women workers who are suffering emotional distress due to sexual harassment in the workplace.

On 1 April 1999, in order to prevent sexual harassment in public service workplaces, the National Personnel Authority enforced National Personnel Authority Rule 10-10 (concerning the prevention and other measures against sexual harassment). Under this Rule, the head of each ministry and agency is obliged to work for the prevention of sexual harassment and respond promptly and appropriately to cases that occur, while officers are required to be mindful of not committing sexual harassment. As specific prevention measures, the Rule also requires making of guidelines for personnel, training of personnel and a complaint consultation system.

Following the Rule, the Ministries and Agencies (including the Cabinet Office) are making efforts to prevent sexual harassment by providing internal regulations, establishing a complaint and consultation system, and raising awareness through training of its personnel.

On the other hand, the National Personnel Authority holds workshops for related personnel from Ministries and Agencies. In order to prevent sexual harassment in a more organized and effective manner, every year the week from 4 to 10 December is designated as the "Week for the Prevention of Public Officers from Sexual Harassment." During this period, "Symposiums" are held and the "Sexual Harassment Hotline (one-day, specially installed)" are established. Through these efforts, awareness of the sexual harassment issue and the necessity for a prevention plan are being highlighted.

The National Personnel Authority conducted a "Survey on National Public Officers and Sexual Harassment" in 1997 - before the Rule was enforced - and another one in 2000 after its enforcement. These surveys were addressed to regular service employees under NPA Pay Schemes. By comparing the results of these two surveys, it is apparent that the disparity between men and women in understanding the concept of sexual harassment has become much less, due particularly to increased awareness among men. Also, the number of perceived experiences of sexual harassment has generally decreased after the enforcement of the Rule.

In March of 1999, the Ministry of Education, Culture, Sports, Science and Technology (MEXT) formulated "Regulations to Prevent Sexual Harassment in the MEXT," and it was enforced in April 1999. MEXT notified this regulation to national, public and private universities and institutions under MEXT. They were urged to work vigorously to prevent sexual harassment through developing a consultation system and other means. Based on the MEXT regulation, schools including national universities and institutions under MEXT have established their own regulations for the prevention of sexual harassment, provided counselors, and carried out activities to promote awareness of sexual harassment among their academic and administrative staff and students.

Furthermore, the Boards of Education have developed regulations to prevent sexual harassment, set up contact points for consultation and are working towards increased awareness among school staff and students.