LDP eyes changes to statute of limitations for child sexual abuse claims

The Japan Times
May 13, 2015

http://www.japantimes.co.jp/news/2015/05/13/national/crime-legal/ldp-eyes-changes-statute-limitations-child-sexual-abuse-claims/#.VVNdlvlVikp

The statute of limitations for child sexual abuse claims could be changed to allow young victims to pursue their perpetrators into adulthood under a proposal being considered by the ruling Liberal Democratic Party.

Currently a 20-year time limit exits for victims seeking compensation through civil litigation, with a seven-year statute of limitations in place for criminal complaints.

An LDP project team is considering whether the starting point under the Civil Code and Penal Code can be modified from when the criminal act took place to when the victim turns 20 years of age, officials said.

At its inaugural meeting last month, the team on the protection of women’s rights, headed by House of Representatives lawmaker Hiroshi Hase, heard from a woman who suffered sexual abuse by a family member during childhood.

According to the Ministry of Health, Labor and Welfare, sexual abuse accounted for only 2.1 percent of all requests for advice filed with child consultation offices in Japan in fiscal 2013.

Toko Teramachi, a lawyer who is knowledgeable about the matter, said child victims usually do not understand the meaning of abuse until at least puberty.

If abused by a parent, sibling or other relative, the victim often has no one to rely on for advice or help, and often keeps the abuse bottled up, he said.

To make the change, the task force will also look at revising the child abuse prevention law, officials said.

Specific measures would be created in coordination with relevant ministries and agencies.

However, the group will likely need to address concerns that delaying the start date of the statute of limitations could complicate court proceedings as a result of loss of evidence and reduced memories by relevant parties.

Along with legislative work, the LDP team will call on the government to support private-sector efforts to address all forms of sexual abuse, including counseling for victims, assistance with criminal investigations, medical examination and treatment, the officials said.

They said it will also urge the government to boost the functions of child consultation offices.

Following consultations, the LDP plans to submit a set of proposals to the government.