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mercuryblues

(16,404 posts)
5. consider this
Sat Nov 23, 2013, 05:20 PM
Nov 2013

japan has a very narrow definition of rape. Forced or threat of force and only vaginal penetration with a penis. All other penetration is sexual assault.

It is estimated that less than 10% of rapes are reported and about 14% of sexual assaults. Then there is the prosecution rate

Even if a victim does want to persevere with her case, there are still barriers which can stop her getting to court, and indeed in 2005 just 65.8% of reported rapes and 58.2% of indecent assault cases were prosecuted (Ministry of Justice (a)). One such barrier is Article 248 of the Code of Criminal Procedures (Appendix 3), which gives the prosecutor the right to judge a prosecution unnecessary, based on the character of the offender and the circumstances of the offence, even if there is enough evidence to convict. In other words, even when the authorities are confident that a defendant is guilty, they may, for a number of reasons outlined below, chose to suspend the case and not take it to court. In 2005, more than twice as many rape (6.8%) and indecent assault (6.6%) prosecutions were suspended as robbery prosecutions (3.0%)

http://www2.warwick.ac.uk/fac/cross_fac/iatl/reinvention/issues/volume1issue1/gray/

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