The Age of Consent and Marriage in Japan

The age of consent is something that varies from country to country and sometimes from state to state. The nation of Japan is no different. Most countries have the age set somewhere between 14 and 16. In Japan, the age is a little younger.

This age that is set is stipulated by the Japanese Penal Code. It refers to the age at which point a person is capable of consenting to engage in sexual activity. The legal age of consent in Japan has never changed since the year 1907 when the penal code was first enacted. In the year 2008, the United Nations recommended that Japan raise the age of consent for its citizens.

The Nuance of the Law

Though the age of consent is 13, there are some other laws in place that penalize parties for engaging in sexual activity with a minor. For instance, the Child Welfare Act states that a minor is someone under 18, and “causing” the minor to engage in sexual acts can result in criminal penalties. These acts are punished severely under the Child Welfare Law, the Child Prostitution Prohibition Law, and the Youth Protection and Nurturing Ordinance. 

Why Is the Age of Consent So Low? 

At the time of the enactment of the penal code and the subsequent setting of the age of consent, the average life expectancy of women averaged out to be about 45 years old. During this time, it was not uncommon for women to get married and have children at younger ages. Therefore, such a low age of consent could have been seen as fairly reasonable. The line drawn between minors and adults was not always something that was abundantly clear.

Though laws are cracking down on engaging in lewd acts with minors, there was no true legal punishment for these acts until 2000. In the late 1990s, there was an alarming rate of prostitution among young high school girls. It was so prevalent that lawmakers had no choice but to take note and write new laws concerning it. In 1999, the Child Prostitution Law was put into effect. 

Changing the Age

In October 2022, the Legislative Council of the Ministry of Justice presented a plan to raise the age of consent from 13 to 16. Certain conditions apply, such as excluding those who are similar in age. Punishment would be limited to instances where the other party has a five year or more age difference with the minor. 

In the spring of 2022, the marriageable age was also changed. Originally, it was age 16. Now, it is age 18. The marriageable age was originally set over 120 years ago when it was legal for women to marry at 15 and men to marry at 17. 

Final Thoughts

For a long time, Japan was operating under old laws enacted in the 20th century without considering modern implications. However, in recent decades, they have been revisiting these old laws and making the proper changes to ensure the safety of minors when it comes to marriage and sexual relations.