Wearing the same red and blue plaid scarf she had when she announced her victory in court in December 2019, journalist, filmmaker, and Japan’s #MeToo icon Ito Shiori stood once again outside the courthouse to declare herself the victor. “I’m very grateful to have made it this far,” she said. [1]
On January 25th, the Tokyo High Court upheld the December 2019 ruling that TBS journalist Yamaguchi Noriyuki had forced Ito to have non-consensual sexual intercourse with him. [2] The judge based his ruling on Ito’s consistent testimony on the events leading up to and following the assault. Yamaguchi was originally ordered to pay Ito 3 million yen in damages, but in the recent ruling, the court upped the amount to 3.3 million yen (roughly $29,000) to include the medical expenses Ito incurred. [3] Surprising no one, Yamaguchi expressed his overall dissatisfaction with the verdict and his intention to appeal the decision. [3]
However, in what feels like a backhand slap, the court did partly acknowledge one of Yamaguchi’s counterclaims. The Tokyo High Court couldn’t confirm the veracity of Ito’s account that Yamaguchi drugged her with a date-rape drug during their dinner. The court determined that Ito’s inclusion of the date-rape drug claim in her 2017 memoir Black Box significantly damaged Yamaguchi’s reputation and constituted an invasion of privacy since she had no concrete proof, only speculation. As a result, Ito has to pay Yamaguchi 550,000 yen (about $4,800) for defamation and invasion of privacy.
“Japan Hasn’t Changed Yet”
Throughout Ito Shiori’s journey for justice, she’s remained faithful to her pledge to bring awareness to the reality of rape and other sexual crimes in Japan. At a press conference following the ruling, Ito stressed the significance of the court’s findings that there was no consent. However, Japan still lags behind in recognizing non-consensual sexual intercourse as the crux of many sexual crimes. “In that regard, Japan hasn’t changed yet,” she stated [4]. She called once again for a revision of legislature in the criminal code pertaining to sex crimes, something that other activists have called for as well.
As Ito explains in Black Box, the dangers of date-rape drugs are well-known in the US, but public awareness and education in Japan remains at a minimum, even as sex crimes involving them have been on the rise since the 90s [5]. Even though the court dismissed her claim, Ito didn’t seem to regret going public. “I feel it was a big step forward for me and was worthwhile,” she said. [6]
Ito has battled in court since going public with her rape in 2017. That battle may continue if Yamaguchi files yet another appeal. At the end of her press conference, she said, “I hope we can live in a society where victims are protected by the judicial system and never demeaned.” [6] Whatever happens next, it’s clear Ito will remain a vocal advocate for women and sexual assault survivors long failed by Japan’s outdated legal systems.
Sources
1) 伊藤詩織さん、高裁も勝訴 山口敬之さんに引き続き損害賠償命じる判決 山口さんの主張も一部認める. Buzzfeed Japan.
2) 伊藤詩織さんの訴訟、東京高裁「同意ない性行為」認め山口敬之さんに賠償命令 山口さんの請求も一部認める. Huffpost Japan.
3) 山口敬之さんが上告を表明「大いに不満がある」。伊藤詩織さんへの賠償命じた控訴審判決に. Huffpost Japan.
4) 伊藤詩織さん、「同意ない性行為が認められたことは大きい」 判決後の会見で刑法改正を訴える. Huffpost Japan.
5) Black Box, pg. 151
6) 伊藤詩織さんが明かした「裁判中の想像を絶する恐怖」. Friday Digital.
