2004 Fiscal Year Final Research Report Summary
Study on Rape and Indecent Assault - from the point of view oh the gender
| Project/Area Number |
15530050
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Tokyo Metropolitan University |
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Principal Investigator |
KIMURA Mitsue Tokyo Metropolitan University, Faculty of Law, Professor, 法学部, 教授 (50169942)
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| Co-Investigator(Kenkyū-buntansha) |
MAEDA Masahide Tokyo Metropolitan University, Faculty of Law, Professor, 法学部, 教授 (60009842)
KAMEI Gentaro Tokyo Metropolitan University, Faculty of Law, Associate Professor, 法学部, 助教授 (90305409)
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| Project Period (FY) |
2003 – 2004
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| Keywords | rape / indecent assault / sexual self-determination / sexual crime / human-trafficking crime / Act for Punishing Act Related to Child Prostitution / Act for the Prevention of DV / Stalking Regulation Acts |
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| Research Abstract |
By this research, the actual condition of the rape and indecent assault in our country was investigated, and it was examined how law should have been improved to these crimes.
In addition, about criminal acts, such as the Law for Punishing Act Related to Child Prostitution, Domestic Violence preventive Act, Stalking Regulation Acts, and a Human-Trafficking crime, it investigated and the state of the legal system about these crimes was examined.
As for rape and indecent assault, the statutory penalty became heavy by criminal code revision in 2004. People came to think that it should punish more heavily compared with before to sex crimes. This is one of the reasons to which the statutory penalty of sex crimes became heavy.
Sexual crimes should not be considered to be "the crime which infringes on sexual self-determination", or "the crime which infringes on sexual freedom", but should be understood to be a "sexual violence crime." Severe punishmentization of rape is connected with special law, such as the Law for Punishing Act Related to Child Prostitution, the Act for the Prevention of DV, and the Stalking Regulation Acts, having been enacted. Severe punishmentization of rape is also because establishment of special law was also performed from the view which is going to take care of a female victim more warmly.
It is important to punish a criminal according to a punishment in sex crimes. However, before applying a criminal to a trial, it is as important as a punishment to give assistance to a victim.
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