Law's drawing line: Legal discourse of consent in child sexual abuse cases in Japan

Abstract

AbstractThis article examines Japan's age of consent law by delving into court judgements, focusing on unravelling the nuances of how the sexual autonomy of children is interpreted. The study reveals a contradictory stance of the court towards child victim's maturity and capacity, indicating that the legal discourse around a child's autonomy is easily manipulated and framed. It further exposes the susceptibility of children's sexual autonomy to the structural moral values associated with patriarchal gender relations and age. By shaping the contours of consent, law draws a line—delineating punishable acts from consensual sexual activity. While the legal reforms aimed at stricter regulations surrounding child sexual abuse, including raising the age of consent, are narrowing the space for recognizing adolescents' sexual autonomy, this article contends that reforming age consent laws must strike a delicate balance between preventing potential harms and avoiding undue interference with adolescents' sexual autonomy.