The trial is over. Ito Shiori is not treated fairly

Shito Ito
Still not treated fairly
Even on the day the court announced that Ito's case was won, the online scolding continued

On December 18, Japanese female journalist Shito Ito won the case in a case of sexual assault. The court ruled that the defendant Kei Yamaguchi was required to pay 3.3 million yen (approximately 210,000 yuan) in civil compensation to Shito Ito, and rejected Yamaguchi ’s counterclaim application.

The ruling stated that the plaintiff was “forced to have sex without contraception without being conscious and severely drunk”, and the court stated that “we acknowledge that the plaintiff is still suffering from flash memory to this day. Tortured by panic and panic. "This is the reason for the indictment that Shito Ito used in his indictment.

This is the first time that a Japanese court has acknowledged Shito Ito as “forced to have sex.” Prior to this, Shito Ito twice filed criminal proceedings against Akiguchi Yamaguchi on charges of sexual assault. This is also the first time that a Japanese court has welcomed a sexual assault victim in public. According to statistics, only a quarter of victims of sexual assault cases will choose to report to the police, and only one third of them will be accepted by the court. There are few and few cases, and the courage to face the public is zero.

In order to appear in court, Shito Ito prepared a piece of paper with the words "victory" in advance. Before the trial, outside the Tokyo District Court, she said to the swarming domestic and foreign media:

"When I woke up this morning, I received so many messages from all over the world telling me that they would stand with me no matter the result, because my actions made sense."

Shito Ito is showing a banner with the words "victory" to the media

         Black box

On April 3, 2015, Shito Ito, who was intern at the TBS Washington Branch of the Japanese media, had dinner with Akiyuki Yamaguchi, then head of the branch, for work visa issues. After drinking some sake, Shito Ito felt dizzy and then lost consciousness.

When she regained consciousness, she found that she was already in the bed of the hotel room in Yamaguchi, and the violations continued. It was about five in the morning, and angry Ito Shiori broke free from Yamaguchi, and fled the hotel after screaming and resisting.

After some time, she decided to call the police.

This is a very unusual act for Japanese women. The conservative atmosphere of society and the shame of women are just one of the problems. The more direct reason is that the Japanese judicial system does not support such charges:

In Japan, the crime of rape can be established almost exclusively when a stranger uses force to commit rape. Once the victim has consumed alcohol or other drugs that may affect consciousness, the court is more likely to treat the situation as acquiescence.

The "violent resistance" expected by Japanese law is almost impossible. In Japanese, even when facing the offender, say "Please (く だ さ い)". People assume that women should behave like women even when they encounter unreasonable things, and Shito Ito does the same. Even at the moment when she finds that she has been sexually assaulted, what she says is only "stop.さ い (please stop) ".

Yamaguchi knew this very well and wrote in an email to Shito Ito afterwards: "Even if you insist that this is rape, you will never win a lawsuit."

Yamaguchi Keiyuki

Everything was as he expected. From the police to the prosecution, Shito Ito faced difficult judicial paths. Because she didn't cry when she called the police, the police who first received the police didn't even believe what she said. In July 2016, the Tokyo District Prosecutor's Office decided to "not prosecute" on grounds of insufficient evidence.

By this time, Shito Ito had repeatedly described everything that happened that night in repeated inquiry, cross-examination and statements, but the vast majority of the Japanese public still knew nothing about it.

On May 29, 2017, Shito Ito did many things that the Japanese couldn't imagine: she announced at a public press conference that she would continue to appeal. This is the first time that a Japanese sexual assault victim has stepped forward to face the media footage, and the case immediately caused a sensation throughout Japan.

In September 2017, the Tokyo Inspectorate voted to uphold the non-prosecution decision because "there was no valid reason to overturn non-prosecution."

Shito Ito filed a civil lawsuit again in a sexual assault case a few days later, asking Yamaguchi for financial compensation for his physical and mental harm.

In October 2017, Ito Shiori published a self-reported "Black Box"; less than a year later, the BBC released the documentary "Shame of Japan" featuring Ito Shiori, which made this landmark case further trigger the global attention.

BBC documentary cover

Why is a sexual assault case with such clear facts running into obstacles everywhere? Although the New York Times and other media have pointed out that Yamaguchi ’s deep relationship in the Japanese press and even politics may be one of the reasons for this situation, the problem is far from being explained by the personal relationship or influence of the offender.

        "Shame of Japan"

After the Tokyo District Court ruling was released on the 18th, the comment page of the Japanese conservative media was still full of such replies: "Are Tokyo District Court playing a house?" It is incredible that China and Israel recognize 'involuntary sexual acts'. "

One of the highly praised comments is a sentence that Shito Ito is still familiar with: "I have been sexually assaulted, and I can still wear it with such expressions and dresses, which is difficult to understand."

The tweet saying "difficult to understand"

In the past few years, similar questions faced by Shito Ito have never stopped. After the prosecutor's office announced again in September 2017 that it would not “prosecute”, Japanese Internet public opinion showed a skeptical voice.

A mainstream view is that since the procuratorate has searched the hotel's surveillance cameras, Yamaguchi's computer and drug response, but ultimately made a decision not to prosecute based on "insufficient evidence". Shouldn't Ito reflect on himself?

Some people still insist that Shito Ito is just "fantastic jump" in order to use the resources of Yamano Yamaguchi, and resorting to the law has failed to achieve his wish.

In December 2017, to support and thank Ito Shiori, a tweeter named Ito Haruka disclosed on Twitter his experience of sexual harassment by celebrities in the advertising industry. This tweet won 15,000 retweets. A month later in January 2018, actress Shimizu Misato also publicly accused a well-known producer in the industry of sexually assaulting her.

In the comments of these tweets, more women shared their painful experiences, but at the same time, these solidarity also caused more doubts-restricted by the same legal and social environment, these new victims are still There is no proof what happened.

In June 2018, a stronger public opinion storm came. As the BBC's "Shame of Japan" was gradually broadcast around the world, Japanese netizens were furious, and even right-wingers compared the case of Shito Ito with the incident of Japanese comfort women-for them, both were fictional and discredited And stigmatizing Japanese things.

"It was obviously lost in the trial, so I went to foreign media desperately to assert my legitimacy, which was disgusting."

"It's really inferior to pretend to be a victim of a sexual crime in the country, and to go overseas to sell yourself by demeaning Japan without winning the support of public opinion."

"This is an example of using the gentle and malicious fraud of the Japanese. Blindly insulting Japan, it is also questionable whether she is a Japanese or not, tear off her camouflage early, Shiori."

"This" professed victim "is anti-Japanese, please don't take her seriously (above);" This woman's claim is as uncomfortable as a Korean who claims to be forcibly taken away by the old Japanese army as a comfort woman. " (under)

Backward legal and judicial systems, deep-rooted gender prejudices, conservative ethics, class theory, and even nationalist ideology and "national pride" ... Ito Shiori needs to deal with more than just the relationship with Shinzo Abe One of the most respected Yamaguchi.

         Stop crying

In 2017, Ito Shiori said in the foreword of "The Black Box": "I was shocked from the bottom of my heart: I live in such a cold society and have been ignorant of everything to this day."

In the year and a half since June 2018, this sexual assault case reflects Japan today, which is more torn and more contradictory than she had ever imagined.

In the 18th ruling, Chief Justice Aki Suzuki of the Tokyo District Court said: "What Ms. Ito said to her friends and the police was that it was confirmed that the sexual acts were against my will ... The situation of victims of sexual crimes, publicizing their victimized behavior, has public and public interest purposes. "

Among the endless questions, taunts and abuses on the Internet, other voices still exist. One of the messages read: "I hope Shiori will stop crying and falling asleep in the future."