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What is the youngest age of consent in Japan?

The age of consent in Japan refers to the minimum legal age at which an individual is considered mature enough to consent to sexual activity. Japan has complex laws around the age of consent that have gone through several changes over the past century. Currently, the national age of consent in Japan is 13 years old, which is notably low by international standards. However, many municipalities and prefectures have raised the age of consent to 16 or 18 within their jurisdictions. Additionally, there are a variety of other laws that impact the de facto age of consent in Japan.

National Age of Consent

On a national level, the age of consent in Japan is 13, as specified by the Japanese Penal Code Articles 176 and 177. Article 176 prohibits adults from engaging in sexual intercourse with female minors under the age of 13. Article 177 prohibits adults from committing “lewd acts” with male or female minors under 13. This established the baseline age of consent for the entire country.

The age of 13 was set back in 1907 when the Penal Code was first established. At the time, this age mirrored the age of majority in Japan, which was also 13. The age of majority refers to the threshold age at which an individual is legally considered an adult and assumes control over their own affairs and actions. In 1922, the age of majority was raised to 20, but the age of consent remained unchanged.

Municipal and Prefectural Changes

While the national age of consent is still 13, many individual jurisdictions within Japan have passed their own laws raising the age of consent to 16 or 18 within their territory. These jurisdictions include:

  • Tokyo Metropolis – 18
  • Kanagawa Prefecture – 18
  • Kyoto Prefecture – 18
  • Aichi Prefecture – 18
  • Osaka Prefecture – 18
  • Okinawa Prefecture – 18
  • Several other prefectures and municipalities – 16

This created a disjointed system where the age of consent ranges from 13 to 18 depending on where in Japan the parties are located. The higher ages of consent in many jurisdictions reflect changing social values and an effort to better protect minors from sexual exploitation.

De Facto Age of Consent

While the baseline age of consent remains 13 nationally, additional legislation imposes restrictions that raise the de facto age of consent in Japan:

Corruption of Minors Law

Japan’s 1999 Child Welfare Act includes a provision about the corruption of minors. This provision makes it illegal for an adult to engage in sexual activities with a minor under 18 if there is an abuse of the minor’s dependence on the adult. Essentially, it aims to prohibit adults in positions of authority from abusing that authority to coerce minors into sexual relationships.

Prefectural Youth Protection Ordinances

Many prefectures have passed youth protection ordinances prohibiting adults from engaging in sexual activities with youth under 18. While violations do not carry criminal penalties, they allow prefectural governments to issue warnings and require intervention such as counseling.

Child Prostitution Law

Japan’s 1999 Child Prostitution and Pornography Act bans involvement of anyone under 18 in child prostitution. Forcing minors into sexual activities through financial incentives is considered child prostitution under this law.

Schoolgirl Fetish Taboo

Japanese society strongly taboos any kind of sexual relationship between an adult and a schoolgirl. Schoolgirls in sailor fuku uniforms are seen as symbols of innocence, and the strong social pressure discourages relationships with schoolgirls even above the age of consent.

Collectively, these additional legal and social constraints make the de facto age of consent in Japan higher than the baseline 13 years old established in the national legal code.

International Comparisons

Japan’s national age of consent is out of step with most other developed countries. For comparison, here are the ages of consent in other Group of Seven (G7) countries:

Country Age of Consent
Canada 16
France 15
Germany 14
Italy 14
Japan 13
United Kingdom 16
United States 16-18*

*Varies by state, 16 is most common

As shown, the age of consent ranges from 14-16 in most G7 countries, while Japan’s national age of 13 is an outlier. However, when factoring in the higher ages of consent enacted in many Japanese municipalities and prefectures, along with other legal protections for minors, Japan’s de facto age more closely matches its peer nations.

Public Opinion on Age of Consent

Japanese public opinion reflects some dissatisfaction with the low age of consent under national law:

  • A 2015 government survey found over 80% of Japanese support raising the national age of consent to 16 or higher.
  • A 2017 survey found 60% of Japanese think the national age of consent should be 18.
  • Over 70% expressed concern that the low age of consent could enable exploitation of minors.

Civic groups like Project for Promoting Revision of Sex Crime Prevention Act have lobbied the government to raise the national age of consent to 16-18 to match most developed countries. While these efforts have not yet succeeded in changing the Penal Code, they reflect an increasing public desire for stricter protections for minors.

Conclusions

In summary:

  • The national age of consent in Japan remains 13 under the 1907 Penal Code.
  • Many municipalities and prefectures have locally raised the age of consent to 16-18.
  • Additional laws on corruption of minors and child prostitution raise the de facto age of consent.
  • Japan’s age of consent laws remain controversial and out of step with most other developed nations.
  • There is growing pressure to standardize and raise the age of consent nationally to 16-18.

While changing the 1907 law would require navigating political hurdles, Japan may continue to move toward a higher standardized age of consent more in line with international norms and an evolving Japanese society that increasingly values child protection.