Japanese Women Now

Sexual Harassment

By OTANI, Kyoko
Lawyer

Sexual harassment can be described as "a situation that disadvantages or deteriorates the social environment through verbal or physical conduct of a sexual nature against the will of another party." Sexual harassment includes behavior reflecting sexual desire or intent, such as sex-related jokes and touching, as well as gender-based discriminatory conduct or remarks from the social and cultural milieu, for example, forcing women to "make a tea."

In the work environment, sexual harassment means that men who do not consider women as equal partners use their position to force sexual relations upon women, as well as the uses of unethical tricks to eliminate their female rivals.

At universities, professors sometime consider their students as sexual objects. This happens not only at universities, but also at high schools and, on occasion, at elementary and junior high schools where students are often unaware of the sexual acts and incapable of resistance. Even children with disabilities occasionally fall victims to the sexual desires of others.

The daily nursing relationship at welfare facilities may create a relationship of ruling and ruled. These facilities are closed societies, even more so than schools, and the occurrence of sexual abuse tends to remain hidden unless willfully brought to the surface. New ideas and greater efforts are urgently needed to protect the sexual freedom of the disabled.

Sexual harassment by police officers also appears as a form of harassment by public authority arising from power relationships. Inside police stations where suspects are interrogated, witnesses are questioned, and criminals are arrested, police officers can verbally humiliate suspects through unwelcome sexual remarks and conduct unrelated to the case, or act indecently taking advantage of an officer's overwhelmingly dominant position. Recently, police stations have begun to include female police officers in their investigations and interrogations in order to prevent sexual harassment from happening.

When a person is arrested in Japan, the individual is detained in a detention room within the police station. The number of detention rooms for women is limited, however, and female suspects are monitored 24 hours a day by male wardens. In this situation, obscene acts by the monitoring officer while female suspects are bathing actually occur. In order to prevent situations like this from occurring, it is essential to increase the number of female wardens and to use appropriate detection centers instead of detention rooms within a police station.

What sexual harassment violates

First, sexual harassment violates sexual freedom and the victim's right of sexual self-determination. At the same time, sexual harassment violates various rights and interests, such as the right to work and the freedom to learn, depending on where the harassment occurs. Sexual relationships are fundamental relationships in human society, and it is no exaggeration to say that decision-making freedom in this regard determines the quality of society. People cannot be free in a society where forced, violent sexual relations are overlooked.

Whether in a workplace or university setting, the dignity and privacy of each individual must be observed. Remarking on the physical shape or sexual activities of an individual violates the dignity (or their feelings) of the individual.

Repeatedly asking about a person's body size (breast, waist, hips) or private life, needless to say, violates that person's privacy. Peeking into a change room or washroom not only violates privacy but is also a minor criminal offence.

Sexual harassment at educational institutions also destroys sound learning opportunities as well as restricting the freedom of students to study and to conduct research. Victims are generally in a weaker position as they study under the supervision of a teacher, and damage tends to be more serious.

Recovery from damage and compensation

In order to recover from damage, first, when sexual harassment occurs, any disadvantage or discomfort must be quickly removed, and continuation of work or study prior to the harassment guaranteed. If a victim suffers disadvantages as a result of sexual harassment, the victim is entitled to demand restitution. How much compensation is paid in these cases? The amount of compensation is determined by factors that include degree of action, degree of maliciousness, number of occurrences, period of occurrences, relationship between the assailant and the victim, position, and measures taken after settling the problem. Based on past judicial precedents, the compensation amount is usually several 100,000 yen (about USD 770) for cases of verbal harassment, and from several 100,000 yen to less than two million yen for cases involving obscene acts such as touching. Compensation of several million yen is often approved in the case of rape.

In order to prevent sexual harassment

1. People should learn
People should sincerely learn when the other party is hurt or feels discomfort without jumping to conclusions based on predetermined ideas. To this end, companies and schools must actively hold educational seminars to raise awareness.

2. Be aware that the other party has their own standards, too
The important issue is how the other party reacts to physical advances or remarks. If you push your feelings or standards on someone else, you are a potential sexual harasser.

3. Say "no" clearly
People must be aware of the need to clearly say "no" to the other party. People must become used to saying a small "no" to prevent having to say a big "no."

4. Create an environment where people can say "no"
The important issue is not simply the responsibility of the individual to refuse, but to create an environment and atmosphere where people can freely say no.

5. Presence of someone to discuss the problem with, or establish a consultation counter
Companies and schools must create an appropriate environment to allow people to consult freely, for example, establishing a counter to listen to complaints and grievances. Consultation should be done in privacy, with staff well trained and learned assigned to this position.

6. Do not resolve the problem internally
It is essential to use an external organization or to hire external help such as a lawyer to mediate problems. An ongoing ombudsman system should be introduced for institutions such as schools and welfare facilities, which tend to be closed societies.

7. Apologize quickly and accept punishment resolutely
Apologies from the assailant must be made as soon as possible. Victims often cannot accept the fact that the assailant lives a normal life while the victim suffers physical/psychological pain severely.

8. Eliminate discrimination and establish a new partnership
Why does sexual harassment occur? Understanding this aspect is the first step, as well as creating the ultimate method, in preventing sexual harassment.

First, people still have fixed ideas about role sharing in Japan, that is, "a man works, and a woman stays home."

Second, gender-based role sharing has created a social structure in which men hold the power and women support the men. The workplace and school remain areas where men dominate and hold important positions and power.

Third, even in this situation, some women work actively and display their abilities. But some men do not compete fairly with these women, as they advance the idea of male superiority, which continues to be recognized in society, attempt to drive women out of the workplace, and look down on women.

In short, the very root of sexual harassment is found in a man's contempt for and discrimination against women, and expressed in terms of sexual behavior and remarks. The only way to eliminate sexual harassment is to realize a society where men and women are equals without discrimination, and work and learn and live harmoniously together.

Present situation of sexual harassment countermeasures in Japan

In Japan, "Article 21 of the Equal Opportunity Law" stipulates that company management should take measures against sexual harassment, and the Minister of Health and Labor has drawn up guidelines (Sexual Harassment Prevention Guideline) on the items considered necessary to prevent sexual harassment from occurring in the workplace.

Local governments are playing leading roles in combating sexual harassment and are incorporating sexual harassment prevention clauses in their employment regulations, or conducting employee training to learn about sexual harassment.

OTANI, Kyoko: Born in 1950. Graduated from Waseda University, Faculty of law. 1978: Registered as a lawyer, belongs the Second Tokyo Bar Association. Part-time lecturer at Japan Women's University and Tokyo Women's Christian University. Chairman of the Kita-ward Citizens' Conference to Promote the Azalea Plan. Chairman of the Conference to Promote Equality between Men and Women in Higashi Kurume City. Publications are Sexual harassment no nai sekai e (edited by the Tokyo Women's Foundation, Yuhikaku, 2000), co-author of Haken Horitsu Counseling (Yuhikaku, 1991), co-author of Wakai Josei no Horitsu Guide (Yuhikaku, 1998), Shikeijiken Bengonin (1999, Sososha).

WOM has been working on the initiative Japanese Women Now in order to provide information about contemporary legal/social environment surrounding Japanese women. It is our hope that information on this page help readers gain further understandings on gender issues in Japan.

Authors of articles contributed to this initiative are active and knowledgeable members of the respective fields of selected topics. The contents are based on the fact available as of late 2001, when these articles were written. The original Japanese articles are also available on our Japanese Home Page.

Topics selected in this initiative are: Domestic Violence, Compulsory Selection of a Family Name for a Married Couple, Elderly Care and Women, Women and Work, Sexual Harassment in Working Place, Sexual Harassment on Campus, Equal Employment Opportunity Law, Single Mothering, Child Abuse, Women and Medical Care, and Reproductive Health/Rights. ===＞GO to Index

This initiative was made possible by the grant from Asian Women's Fund.