Freelance journalist Nobuko Oyabu and sexual assault victim, criticizing the law in Japan whereby rape and indecent assault can only be prosecuted if the victim files a complaint. (Yomiuri Shimbun)
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It’s strange that unless victims lodge a complaint, rape and other sexual offenses are not treated as crimes.
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lincolnman
And the freelance journalist is quite incorrect - in cases where there are no injuries or outward signs of an assault, then a victim's complaint is required, but when injuries are present (and that could be just a scratch), then the police may initiate an investigation even if the victim does not file a criminal complaint or even refuses to cooperate. This is also true when the allegation is more than one suspect (i.e. gang rape) - the police can investigate without a victim's complaint.
Time to hire a legal intern........
nath
Uh, how else is there to be a trial? Even with the victim's cooperation it is hard to prove rape. With an uncooperative victim? I think most legal systems would say this is unwinnable and not bring charges.
Wakarimasen
how would they otherwise be detected and prosecuted?
lincolnman
Investigating and prosecuting (two different things by the way) a sexual assault without a cooperative victim is difficult but feasible if several things occur;
1) There are witnesses to the act, that can testify that the suspect clearly committed the assault and the victim was clearly resisting and 2) physical evidence (DNA) is present.
Or the suspect admits to the act.....