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Know your rights
By Ryann Connell
Staff writer
December 29, 2002
Though once a country where lawsuits were largely frowned upon, Japanese are becoming more inclined to pursue litigation, particularly when it comes to matters of the flesh. Shukan Gendai (12/21) offers some helpful hints on how to stay out of trouble with fellow citizens on the lookout for launching civil suits related to sex.
Extramarital affairs are an almost culturally accepted part of life in Japan, though few of those involved in them realize that a fling can be a potentially dangerous pursuit if it's brought before the courts.
"Somebody whose spouse is having an affair with another person they know is married can sue the third party for causing mental duress," lawyer Kanae Ogi tells Shukan Gendai. "Mind you, if the third party is unaware that the person they're seeing is already married, the spouse doesn't have a hope in hell."
Huge numbers of Japanese couples are also caught up in sexless relationships, which can be cause for litigation.
"It's certainly grounds for divorce," says legal eagle Kazue Akita. "How much the plaintiff would receive in alimony would depend, though, on how long it has been since the couple had not had sex and how long they had been married. Most women who cite a sexless marriage as a reason for divorce usually come up with other reasons, too. Perhaps by refraining from sex, a woman is trying to tell her husband that it is time for him to communicate with her, so it might be a better idea for couples to talk about their marriage before they hit the courts."
In a world growing ever-aware of women's rights, malicious types have turned this sympathy to their advantage and made false claims against men using sex as a weapon. Prime among these have been the myriad schoolgirls who've falsely accused men of train molesting -- a crime authorities are taking an increasingly harsh stand against. But there's bad news for those falsely accused of train groping.
"Once the accusation has been made, there's virtually no hope for the accused. If the girl screams, she and the accused will be forced off the train. Once the station attendant arrives, any hope of escape is lost. The case will soon be reported to the police and the accused molester will be arrested. Police will try and draw out a confession by promising the accused he can go free if he admits to touching the girl. Detention for the full period (of at least 10 days) is guaranteed if the accused continues to deny the allegations. Some may even have their cases publicized in the media," veteran attorney Hiroshi Yamaguchi tells Shukan Gendai. "About the only way a guy can protect himself is to place his hands on his head whenever he rides on the train. If his hands can't be seen when a girl claims she's been molested, he's in trouble. Some manuals say that a man should contact a lawyer as soon as he's accused, but once the police have talked to a girl who claims to have been molested, they'll never listen to a lawyer and there's nothing we can do."
Fellow ambulance chaser Hiroyuki Nakajima disagrees.
"If you didn't do it, just keep on denying whatever accusation is thrown at you and then call a lawyer. If you admit to molestation once, it's very difficult to recant. If a police officer comes along, threaten to sue the girl for slander," Nakajima says. "And don't ever get angry. Always stay calm and collected."
Good news does exist for those whose lives are ruined by false molestation accusations.
"They can sue the girl who made the accusation, the police and the government, but the hurdles to be crossed are fairly high," Yamaguchi says, adding that it is important to point out that the police investigation focused only on what the woman had to say.
Better news for lechers comes from news that women wearing short skirts are free game as long as it's only staring.
"It's fine to stare at anybody in a public place as long as the behavior doesn't become irregular in some way. Staring for a long while is not illegal. However, bending down or craning the neck to get a better look up the dress could be constituted as irregular behavior and could be a problem," Yamaguchi tells Shukan Gendai. "Just for reference, the old ploy of pretending to pick up a dropped wallet or coin is likely to be entirely safe."
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