By Catherine Burns
This publication presents an in depth exam of judicial decision-making in jap instances concerning sexual violence. It describes the tradition of 'eroticised violence' in Japan, which sees the female physique as culpable and the criminal approach which inspires homogeneity and conformity in decision-making and exhibits how the felony constraints confronting girls claiming sexual attacks are huge, immense. It comprises research of particular case stories and a dialogue of modern strikes to deal with the matter.
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Extra resources for Sexual Violence and the Law in Japan (Asaa Women in Asia Series)
Thus, Nolte and Hastings (1991: 171) argue that by the end of the Meiji period gender replaced class as the fundamental social distinction. The ryßsai kenbo ideology contributed to the production of a particular arrangement of the ‘private’ and ‘public’ spheres in Japan. In Europe, rationalist secularism provided the grounds for the emergence of modern nation-states in which the family was constructed as a private space. The division between the public and the private developed as the primary site of economic production shifted out of the home.
Under the new divorce law women gained the right to sue for divorce, but the conditions and grounds for divorce remained discriminatory. For example, while a wife’s adultery was grounds for divorce, a husband’s adultery with an unmarried woman was not. While the criminal code stipulated that wives who committed adultery were to receive a prison sentence, it was silent on the question of punishment for husbands’ adultery (Garon 1997: 99). Although divorce by mutual consent was permitted (justiﬁed in terms of enabling couples to avoid ‘shaming Hegemonic masculinity and guilty feminine bodies 27 11 11 011 11 0111 11 0111 0111 4 511 the family’), as both Mackie (1997: 37) and Tanaka (1980: 624–625) point out, women were frequently coerced into ‘agreement’ and there were no provisions for alimony or maintenance, and the father usually retained custody of any children.
Hence, far from being seen as a ‘menace to society’ mizu shßbai women continue to be commonly regarded as providing a necessary service to society, albeit one that is accompanied by stigma and lack of social status. Shigematsu argues that this distinction between women is the effect of a culturally pervasive discourse she calls ‘moralistic essentialism’, which is disseminated through the process of commodifying women’s bodies and sexual violence. This concept refers to the evaluation of women and female identity using a ‘madonna–whore’ scale of sexual purity-impurity.