Former president of a social welfare corporation found to have been sexually harassed and ordered to pay compensation of 6.6 million yen. Female plaintiff, former employee, “tears of relief” “I want him to apologize” Tokyo District Court – Bengo4.com

From left: Plaintiff’s attorney Yukiko Tsunoda, Jun Sasamoto, and the female plaintiff standing outside (October 24, 2024 / Bengo4.com)

October 24, 2024 19:14

Two women, including a former employee, have been accused of years of sexual and power harassment by a man who was the chairman of GLOW (Omihachiman City, Shiga Prefecture), a social welfare corporation engaged in artistic and cultural projects for people with disabilities. On October 24th, the Tokyo District Court handed down a judgment in a lawsuit seeking damages of 52.5 million yen.

Presiding Judge Nobuhiro Noguchi handed down a judgment ordering former board president Kengo Kitaoka to pay 2.2 million yen in compensation and GLO to pay 4.4 million yen in compensation. Following that day’s verdict, plaintiffs Rin Kimura and Asako Suzuki (both pseudonyms) held a press conference to reflect on the long-term damage caused and the trial.

●Alleges damage such as being made to take off clothes at a hotel

According to the judgment, Kimura, who worked at a social welfare corporation affiliated with GLO, was subjected to physical abuse by Kitaoka, Grow’s chairman, at a hotel in Tokyo in 2012, including making him take off his clothes. He claimed that he was harassed by obscene words and emails.

Suzuki, a former GLO employee, also claimed that Kitaoka had kissed her and licked her breasts at the same hotel in 2014, and that she had been subjected to similar harassment.

Mr. Kitaoka was a leading figure in art for people with disabilities, and is said to have had great power both inside and outside the corporation.

In November 2020, the two filed a lawsuit against Mr. Kitaoka and GLOW seeking damages, alleging harassment by Mr. Kitaoka as 130 torts. At issue were the factual determination of harassment, GLO’s violation of its duty of care, and the expiry of the statute of limitations.

●Much of Mr. Kitaoka’s harassment was acknowledged.

In today’s ruling, Mr. Kitaoka was ordered to pay 2.2 million yen to Mr. Kimura. The ruling acknowledged many of the acts, including the incident at the hotel, as fact.

“It has been recognized that Mr. Kitaoka did this act in order to fulfill his sexual desires toward Ms. Kimura, and that it continued almost without interruption for about seven years, starting at the latest in September 2012. It is appropriate to recognize that the series of acts directed at the person constituted a continuous tort.” (From the Tokyo District Court’s judgment)

The defendant argued that since the events at the hotel occurred more than three years before the lawsuit was filed, the statute of limitations for torts had expired. However, since the last act of sexual harassment in question occurred in 2019, and the statute of limitations for continuing illegal acts is calculated from there, the statute of limitations will not be completed.

GLOW was also ordered to pay Suzuki 4.4 million yen.

The main part of the judgment acknowledged Mr. Kitaoka’s harassment of Ms. Suzuki, but also stated that the statute of limitations would run. On the other hand, in light of the fact of harassment, GLO acknowledged that it had violated its duty of care.

Mr. Kitaoka argued that there was an agreement, but this was not accepted.

●Tearful female plaintiffs say, “I want you to apologize.”

Kimura said at a press conference that during his interrogation, Kitaoka had repeatedly said things like “it was a joke” and “I was trying to get a kick out of it,” adding, “I felt frustrated because I didn’t see people as people.” said.

“I am disappointed in your lack of remorse.I once again hope that you will apologize after receiving the verdict.” (Mr. Kimura)

Ms. Suzuki said that she was “unconvinced” that the statute of limitations had been established, but recalled that she was frightened that people would not believe her when she first spoke out about her sexual assault, adding, “Most cases of sexual violence and harassment are true. When I read the verdict, I burst into tears of relief,” she said through tears.

According to the plaintiffs, sexual assault by someone in a position of power continued, and it took a long time for them to confess the sexual assault. He emphasized that the three-year statute of limitations would be a hurdle to filing a lawsuit, and that discussions were needed to improve legislation.

Yukiko Tsunoda, the plaintiff’s attorney, pointed out that the amount of compensation awarded was too low. Attorney Jun Sasamoto, who is also representing the plaintiffs, said that there are good and bad points about the ruling, and that it is not clear at this point what the appeal plan will be.

●Grow plans to publish his thoughts at a later date.

On October 24th, GLOW announced on its official website that it would be releasing its views and policies in response to the ruling at a later date.

We also contacted Mr. Kitaoka’s attorney to ask for his opinion, but he said he was too busy to respond by October 24th.

This article is based on information and laws as of the date of publication.