Episode 237 – AAA versus the News

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In a recent article released by CNN they cover the new child pornography law passed in Japan. But the AAA felt their coverage was, well, a little lacking. We take on the issue and discuss what the new law is and what the facts are surrounding the impressions the CNN article could lead viewers to.

http://www.cnn.com/2014/06/18/world/asia/japan-manga-anime-pornography/index.html?iref=allsearch

 

WAIT You’ve talked about this before…

  • Yes, we’ve covered Japanese depictions in the media before, even covered things relating to sex goods. But, this is always a good topic to revisit as times change and new information comes to light.
  • Plus, it’s an issue the anime community is facing RIGHT NOW, and if a listener out there ends up locked in a discussion with someone who read an article on this we want to make sure they’re well equipped to look at the whole picture.
  • And, just so you know we’re not just making all this up, we’ve got our sources linked. Read them for yourself and draw your own conclusions about the landscape surrounding this issue

 

What IS The Law?

  • This is a new law in Japan that criminalizes the possession of Child pornography. Anyone possessing content/images of such can be jailed for up to a year, or fined up to $10,000
  • What this law is geared at…
    • Crimes related to child sexual abuse have been reported to be rising in Japan
    • Last year there were 1,644 cases, this is 10 times higher than a decade ago
    • According to police more than half of these cases involved sharing or selling photos or videos over the internet
      • In other words… This Law is geared toward stopping the rise of these crimes as a result of people sharing photos of real children
      • This is why the law does not ban consumption of depictions of children in anime and manga, because there’s no victim
  • As said in the CNN article, a lot of the pushback on this law does come from anime and manga creators worried about their industry and freedom of speech. However, that’s not the sole reason for anime and manga being left out. Japan has other laws involving the idea of ‘victimless crimes’ that do set precedent for this decision.
    • Assisted Suicide – Considered a Victimless Crime
  • SOURCE

 

So, child sexual abuse is on the rise? This is a good thing, right? — Stats on Sex Abuse in Japan

  • So, we already said that Japan’s child sexual abuse rate is on the rise, last year there were 1,644 cases… let’s put that in perspective
    • In 2003 in America there were 78,188 cases of child victims of sexual abuse. That’s 1.2 per 1,000 American Children.
  • A comparison of sexual assaults recorded by police per capita (per 1,000 people).
    • JAPAN – 0.014 per 1,000 People
      • LOWER than Canada – 0.016 per 1,000 people
      • LOWER than Norway – 0.203 per 1,000 people
      • LOWER than America – 0.27 RAPES per 1,000 people (national average)
        • This statistic is just rape, sexual assault (as were the other countries) can include much broader crimes
        • Some states are much higher than the national average (and some our lower)
        • For example, in Alaska there is 0.7 rapes per 1,000 people.
  • Studies have actually shown that pornography can REDUCE rape and sexual assault
    • In America rape has declined 85% from 1980 to 2004 – that’s great news.
    • Some theorists have shown there is a factor that correlates with the decrease in rape: the increase in porn
    • Over the past 20 years in the US the states with more internet showed a DECREASE in Rape. However, US states with the least access to internet showed an INCREASE in rape over the same time period.
      • Four states with lowest internet access -> Rape increase of 53%
      • Four states with highest internet access -> Rape decrease of 27%
    • NOTE: This is a CORRELATION, and any researcher will point out that correlation does not equal causation. There are a bunch of other programs that people have attributed the decrease in rape in America over the past few decades to. HOWEVER, the point remains that the effect of pornography on people is only minimally understood and generally under researched.
  • POINT CONCLUSION
    • Even with this ‘rampant prevalence’ of child pornography sexual assault crimes (including those with minors) are LESS prevalent in Japan
    • There isn’t any clear cut cause or proof that suggests the consumption of child pornography (morals aside) actually leads to violence against minors. More research and consideration is needed.

 

But, what really is a ‘child?’ — Age of Consent Japan VS America

  • In Japan the age of Consent by National law is 13 under the national criminal law code
    • HOWEVER, prefectures can have their own additional restrictions. Most prefectural laws bring the age of consent to 17 or 18.
      • As a result of this conflict between prefecture and national law it becomes difficult to prosecute offenders when the victim is between the 13-18 range for things statutory where the idea of ‘consent’ can be fuzzy.
    • To add more confusion, the age of adulthood in Japan is considered to be 20
    • SOURCE
  • In America the age of consent by National law is 12, the age at which there are no restrictions for sexual activities is 18.
    • This makes sex with someone 12-18 not explicitly illegal but still prosecutable depending on the circumstances
    • Unrestricted age of consent is the age at which you can have sex with anyone you want doing anything you want. Most states unrestricted age of consent vary from 16-18
    • However, states can implement additional laws that make consent even fuzzier. For example, in Florida there is the Romeo and Juliet clause designed to clear cases of sex between minors or a minor and someone who has recently become an adult that would otherwise be statutory from the system.
  • POINT CONCLUSION
    • The ‘age of consent’ and what constitutes as ‘children’ legally is as blurry in Japan as it is in America when dealing with cases of consensual sex. Often times the idea of ‘Child Pornography’ in Anime could be verging on a more moral issue of the depictions of the ‘children’ who may be 14-16 and in that legal ‘gray area.’ To deem these depictions ‘Child Pornography’ and prosecute them is unfair (in Chiaki’s opinion) when the laws do not set clear standards for society.
      • NOTE: I am speaking about hentai that depicts CONSENSUAL sex. Rape and Non-Con Violence are a different moral matter/discussion at this point.

 

Depiction of Anime In Media