When the police raided his home on December 26, 2021, it appeared to be related to an illegal protest for which Hiratsuka was arrested. It has since become clear that the raid was part of a police investigation into the relationship between the 40-year-old man and a high school student.
The police must prove that Hiratsuka has no “sincere intention” to marry the underage girl. If the police fail to do so, the relationship is not a violation of the Child Welfare Act and the party leader cannot be prosecuted. Criminal prosecution for rape is virtually out of the question.
Sexual self-determination from the age of thirteen
In Japan, children at the age of 13 are allowed to decide for themselves who they have sex with, regardless of the age of their partner. In 2017, the Japanese Penal Code was substantially amended and a group of politicians attempted to raise this age threshold for sexual self-determination. That failed and the minimum age remained 13 years.
An article yesterday in Flash magazine states that the girl in question was 13 when Hiratsuka started a relationship with her. In a video response, he defends himself: “She was already 16 when the baby was born.” In the same statement, he acknowledges that he has had an intimate relationship with the underage girl since 2020. If the police or family decide to charge Hiratsuka, he can be expected to get off with a fine and a suspended sentence.
Structural problem
The sexualization of minors has long been a social problem in the country. A Japanese House of Representatives posted a photo of himself a few days ago online on which he is smiling and holding a comic book with a picture on the cover of a girl in high school uniform who is grabbed by her breasts. According to the politician, he defended his freedom of expression.
Researchers say the Japanese government is treating sex and potential sex crimes as a private matter, putting victims at the mercy of the nation’s justice system. In 2019, a Japanese judge found it unproven that a father had raped his daughter multiple times between the ages of 14 and 19, because it was unclear whether she had consented. In March 2020, after great public outcry, the father was sentenced to 10 years in prison on appeal. If the girl had been younger than 13, he would have been immediately convicted.
Hiratsuka’s case seems to be the tip of the iceberg, in recent years, sex crimes involving minors have been increasingly uncovered in Japan. Raising the minimum age for sex will also be an important topic in the upper house elections later this year. In the meantime, Hiratsuka can freely pursue his political ambitions.
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