Sex Abuse Victim Campaigns for Right to Pursue Justice

Japan News
January 13, 2015

http://the-japan-news.com/news/article/0001822788

The Yomiuri Shimbun

A woman who was sexually abused as a child has started a petition calling for legal revisions that would toll, or pause, the statute of limitations in similar cases, allowing victims more time before they take legal action against their abusers.

The woman, now in her 40s, has continued to suffer from post-traumatic stress syndrome due to the abuse she suffered as a child. Many victims of child abuse do not speak out for many years because they have nobody to talk to about their ordeals, or because they do not fully understand what they went through.

“When I told my parents I was abused, they told me, ‘So long as you stay silent, it’ll all be swept under the carpet,’” the woman said. “I’m sure many victims who finally feel they could speak up eventually let the matter drop because of the statute of limitations.”

The woman was sexually abused by a male relative from age 3 until she was 8. Later in life, sudden flashbacks of the times she was abused as well as nightmares resulted in her developing distinctive symptoms of PTSD. In her 30s, she fell into depression. She finally told the truth about her abuse to her parents, and was diagnosed with PTSD.

In April 2011, the woman filed a lawsuit against her male relative and sought damages including compensation and medical treatment fees. The Kushiro District Court in Hokkaido, the court of first instance, recognized that abuse had occurred, but ruled the woman did not have the right to take legal proceedings because the 20-year statute of limitations for demanding damages had already expired since the last instance of abuse. But the Sapporo High Court, the court of second instance, ruled differently, with the judge saying the woman “had the right to take legal action because the onset of her depression was new harm stemming from the abuse.” The court ordered the man to pay about ?30 million, but he has appealed to the Supreme Court.

The woman was examined by Toshiko Kamo, head of the Institute of Women’s Health at Tokyo Women’s Medical University. “Many people who were sexually abused as children only speak up about it when they are adults,” Kamo said.

After the woman’s court victory was reported by the media, her lawyers were reportedly swamped by inquiries from people wondering if they also might be able to take legal action. But the high court recognized the woman’s lawsuit because her depression emerged after she turned 30, meaning relief will not be offered for those who have been suffering from PTSD since they were young.

In an attempt to help other people abused as children, the woman has started the petition calling for:

¦ Legal revisions to toll the statute of limitations for lawsuits seeking compensation, and also halt the statute of limitations for launching criminal cases from starting until the victim of such abuse becomes an adult.

¦ Financial support for centers that provide complete support for victims, from medical treatment and emotional support to legal assistance.

“I won my court case, but the pain hasn’t disappeared,” she said. “I think it would be real justice if the start of the statute of limitations was postponed until children who were abused are old enough to take legal action themselves to seek damages.”

The woman hopes to collect 10,000 signatures on her petition and submit it to the justice minister and other officials later this month.

1,582 consultations ‘tip of iceberg’

Sexual abuse cases accounted for 1,582 consultations at child consultation offices across the nation during fiscal 2013, or 2.1 percent of all abuse-related consultations, according to the Health, Labor and Welfare Ministry.

The figure is believed to be just the tip of the iceberg, since abuse against young children tends to go unreported as most victims are abused by their own relatives.

Sexual abuse cases in Japan are not treated as criminal cases unless victims file a lawsuit. Even if victims claim damages before the 20-year statute of limitations for demanding damages expires, winning cases is an uphill battle. If offenders deny the charges, verifying the abuse that victims suffered as young children becomes difficult as little evidence often remains.

On the other hand, some foreign countries have taken measures to toll, or suspend, the statute of limitations for launching criminal cases on the grounds that children who were sexually abused would not be able to file a lawsuit until they grow up. In France and South Korea, there are regulations that state the statute of limitations for sexual assault cases should be tolled until victims become adults. In Germany, the statute of limitations is halted until victims turn 21.

A Justice Ministry expert panel has been looking into a review of laws concerning punishments for sexual crimes. Proposals include the suspension or even abolition of the statute of limitations for sexual crimes against young children.Speech