We’ve seen how difficult it is for victims of sexual assault in Japan to earn even a modicum of justice in the case of reporter, filmmaker, and Japan’s #MeToo catalyst Ito Shiori. Ito’s landmark victory against her rapist — a journalist and bosom buddy of former Prime Minister Abe — was well-earned after four years of hard work, and shows it’s not impossible for sexual assault victims to see their perpetrators punished.
Ito is just one of many raising their voices for change. Another sexual abuse victim currently on the warpath for justice is photographer Ishida Ikuko, who alleges she was sexually abused by a junior high school teacher from the age of 15 to 19. Ishida’s trauma and her legal battles are drawing attention to sexual abuse instigated by educational figures against minors, as well as the difficulties victims face when they come forward with their stories years after their initial trauma.
Ishida’s Legal and Emotional Hardships
Ishida realized she had been a victim of sexual assault when she attended a trial on a child prostitution case in 2015, more than 20 years since her initial trauma. She began suffering from flashbacks in 2016 and was officially diagnosed with post-traumatic stress disorder (PTSD). Ishida admits that the pain of dealing with these flashbacks “made me want to die every day” and encroached into her work and daily life. That same year she confronted her abuser, who is reportedly still teaching. She also sent an inquiry to the Sapporo Municipal Board of Education, which failed to produce any results. The perpetrator denied all allegations, and the BOE left it at that.
Ishida felt she had no choice but to take legal action. In February 2019, she sued the BOE and the teacher, claiming she suffered from PTSD as a result of her trauma. Ishida requested roughly 30 million yen (roughly $284,849) in damages. The 20-year statute for limitations, unfortunately, stood in her way. The statute of limitations for sexual assault crimes is 10 years. Ishida’s lawyer argued that the statute of limitations should begin in 2016 when Ishida was diagnosed with PTSD. However, this line of argument failed to convince the court, and the case was dismissed.
Ishida appealed to the Tokyo High Court for a second trial. While the judges did acknowledge that the teacher had committed several acts of sexual indency against Ishida, such as non-consensual kissing and groping, the High Court dismissed the lawsuit on December 15 based on the expired statute of limitations.
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Feminist and sex toy shop owner Kitahara Minori attended the High Court trial. According to Kitahara, the judges failed to seriously consider a medical expert’s testimony on the long-term effects of PTSD. There’s already plenty of stigma around mental health in Japan, so it’s sad but unsurprising that the judges dismissed Ishida’s mental health condition. Kitahara also found the judges’ ruling incredibly heartless and indicative of ignorance over the long-lasting trauma sexual assault victims endure. Ishida herself was quick to call out the judges for failing to distinguish between sexual acts and sexual violence.
Survey Results Reveal Disturbing Reality
Ishida has also attended the Ministry of Justice’s review committee on sexual crimes in an attempt to shine a light on the lack of awareness children have about sexual abuse. Mainichi Shimbun quotes her saying at one meeting, “Children don’t have an awareness of themselves as victims, and until they can face the scary things that happen to them, they will avoid (thinking about) them.”
Ishida conducted a survey earlier this year as part of her ongoing research into sexual abuse in Japan’s education system. Of the 717 usable responses, 42.4% reported having been a victim of sexual abuse by a teacher, highlighting a disturbing reality of sexual abuse that many, including other teachers, are unaware of or choose to ignore.
With no centralized sex offender database in place, it’s all too easy for teachers reprimanded or convicted of child sexual abuse to simply rewrite their pasts and relocate. There are also no specific guidelines in the Penal Code for punishing teachers, coaches, and other authority figures who sexually abuse children, something advocacy groups hope to change. Talks of attaching GPS devices to registered sex offenders have been ongoing since this summer. But that plan won’t be carried out until sometime within the next three years. Until then, other protective measures need to be taken, but Ishida has doubts the government truly understands what’s at stake, saying “I want the government to have a greater sense of crisis about the state of sexual assault victims in places of education.”
Not Giving Up
Ishida and her legal team held a press conference at the Judicial Press Club following the High Court’s ruling. “I don’t know yet whether I’ll appeal to the Supreme Court or take other measures, but I won’t give up yet,” Ishida stated.
Whether or not she decides to continue pursuing legal recourse, Ishida has already done more than enough to raise awareness on a horrific issue. People had discouraged from speaking out, but she has no regrets. Perhaps other victims will be heartened by Ishida’s journey and raise their own voices as well.