A Japanese court has dismissed a lawsuit filed by a woman seeking compensation from her father for repeatedly sexually abusing her as a child, saying that the legal action came too late.
The plaintiff is a woman in her forties who lives in Hiroshima City, western Japan.
The woman filed the civil suit in 2020, saying her father started sexually abusing her when she was in nursery school, and until around the time she was a second-year junior high school student. She said she has suffered flashbacks and other trauma symptoms.
In the trial, the father admitted to committing sexual acts against his daughter, but argued that her right to sue had expired.
The Hiroshima District Court on Wednesday sided with the father. It acknowledged that the sexual abuse took place, but said the 20-year statute of limitations for seeking damages had expired before the plaintiff filed the suit.
The court said the woman was already suffering from mental pain in her late teens, and it has been over 20 years since the unlawful acts were committed.
The woman had argued that it was impossible for her to sue earlier because the perpetrator was her own father.
But the court said that even considering the special circumstances, the father's claim is not unreasonable.
In a news conference, the woman said she cannot accept the ruling, which she described as appalling. She said it shows that the reality of sexual abuse victims is not properly understood by society.
She stressed that victims will remain victims for the rest of their lives even after the legal period for filing suit expires, and so it's the legal system that should change.
Japan's Justice Ministry recently came up with a set of draft proposals to revise the Penal Code to better deal with sexual crimes.
Referring to the move, the plaintiff said she thinks legal systems have not changed because sexual abuse victims find it difficult to speak up.
The woman said she wanted to help create a society where people can raise their voices by taking legal action, but now she has conflicting emotions and is scared about her case receiving attention.
The plaintiff's attorney said there are many victims who are unable to speak up and even if someone like her client stands up to confront the cause of their suffering, they run into a legal wall.
She said the woman intends to appeal.
The plaintiff is a woman in her forties who lives in Hiroshima City, western Japan.
The woman filed the civil suit in 2020, saying her father started sexually abusing her when she was in nursery school, and until around the time she was a second-year junior high school student. She said she has suffered flashbacks and other trauma symptoms.
In the trial, the father admitted to committing sexual acts against his daughter, but argued that her right to sue had expired.
The Hiroshima District Court on Wednesday sided with the father. It acknowledged that the sexual abuse took place, but said the 20-year statute of limitations for seeking damages had expired before the plaintiff filed the suit.
The court said the woman was already suffering from mental pain in her late teens, and it has been over 20 years since the unlawful acts were committed.
The woman had argued that it was impossible for her to sue earlier because the perpetrator was her own father.
But the court said that even considering the special circumstances, the father's claim is not unreasonable.
In a news conference, the woman said she cannot accept the ruling, which she described as appalling. She said it shows that the reality of sexual abuse victims is not properly understood by society.
She stressed that victims will remain victims for the rest of their lives even after the legal period for filing suit expires, and so it's the legal system that should change.
Japan's Justice Ministry recently came up with a set of draft proposals to revise the Penal Code to better deal with sexual crimes.
Referring to the move, the plaintiff said she thinks legal systems have not changed because sexual abuse victims find it difficult to speak up.
The woman said she wanted to help create a society where people can raise their voices by taking legal action, but now she has conflicting emotions and is scared about her case receiving attention.
The plaintiff's attorney said there are many victims who are unable to speak up and even if someone like her client stands up to confront the cause of their suffering, they run into a legal wall.
She said the woman intends to appeal.
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Summary
Japanese court dismisses lawsuit against father for child sexual abuse due to statute of limitations. Woman in her forties from Hiroshima City, who was abused from nursery school until junior high school, filed suit in 2020. Court acknowledged abuse but ruled that the 20-year limit for damages had
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ID: 5d13beae-6b6d-41b8-82aa-92bc5a1dff9a
Category ID: nhk
URL: https://www3.nhk.or.jp/nhkworld/en/news/20221027_16/
Date: Oct. 27, 2022
Created: 2022/10/27 18:15
Updated: 2025/12/09 12:17
Last Read: 2022/10/27 18:21