Democratising Criminal Justice Systems: Sexual Violence Cases in the Citizen Judge Trials in Japan

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Kita, Yumiko (2019) Democratising Criminal Justice Systems: Sexual Violence Cases in the Citizen Judge Trials in Japan. In: The Asian Yearbook of Human Rights and Humanitarian Law. Brill, pp. 276-300. ISBN 978-90-04-40170-9

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Abstract

A part of the Japan’s Penal Code pertaining to sexual violence crimes was amended and came into force on 13th July 2017. The number of reported sexual violence crimes in Japan seems to be lower than some western countries. However, myths in terms of sexual violence and the lack of transparency in the Japanese criminal justice has caused sexual violence victims to not report their victimisation to the police. This article examines the impacts of introducing of a citizen judge system in Japan in 2009 on serious sexual violence cases. An emphasis on democratic values that are the main theoretical grounds of a lay adjudication in a criminal justice procedure raises challenges and difficulties for the victims. However, a fair trial for defendants and victims alike can be achieved by a perceived balance between the principal interrelated concepts of democracy.

Item Type: Book Section
Faculty \ School: Faculty of Arts and Humanities > School of Media, Language and Communication Studies
UEA Research Groups: Faculty of Arts and Humanities > Research Groups > Centre for Japanese Studies
Depositing User: LivePure Connector
Date Deposited: 10 Dec 2025 16:30
Last Modified: 10 Dec 2025 20:30
URI: https://ueaeprints.uea.ac.uk/id/eprint/101357
DOI:

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