Legal Supreme Court landmark ruling on consensual sex

[thomas]

In a groundbreaking ruling, a court ordered a man to pay 740,000 JPY (USD 4,700) in damages to a woman he made pregnant after he ignored her pleas to wear a condom during sex and then refused to recognize the child as his. The Osaka District Court stated on 19 July that it was a violation of the woman's right to sexual self-determination. Lawyers championing women's rights praised the ruling as a landmark decision. According to the verdict, the woman had sex with the man twice from 2020 to 2021 at a hotel. In both instances, she asked the man to use a contraceptive provided by the hotel, but he did not comply, resulting in her pregnancy. When she asked him to formally recognize the child as his, her lover refused, stating that he was married.

At that point, the woman sought legal redress and filed a lawsuit for 1.73 million yen in damages. In its ruling, the court noted that "the physical and emotional burden of pregnancy is great, and it is incurred only by the woman." "Even if the woman consents to sexual intercourse, if the man continues the act without complying with her request for contraception, it violates her right to sexual self-determination," the court added. It noted that the man satisfied his sexual desires but ignored the woman's feelings, and told the woman "it is your own fault" that she got pregnant. The court ordered the man to pay damages and other fees.

Defence lawyer Daisuke Mukai stated that while it is clear that non-consensual sexual intercourse is illegal, it can be challenging for a woman to firmly oppose her partner's refusal to use contraception when she is emotionally involved. He also noted that many women do not pursue such cases in court. Juri Yukita, a lawyer with extensive experience in defending women's rights, praised the decision as groundbreaking for recognizing separate and distinct rights for sexual intercourse and contraceptive consent.

Condom ruling called ‘landmark’ in setting terms of consensual sex | The Asahi Shimbun: Breaking News, Japan News and Analysis

 

[johnnyG]

So the 740k is damages from not wearing a condom--and the next step will be the child support that he will have to pay?

Also, couldn't his wife sue this 'other woman'? I'm sure I've read of that being done here.

The verdict is great, for what it does, but I don't think it will resolve much for the various people--this man, his wife, this woman, and now/eventually their child.

 

[dracuella]

The verdict is great, for what it does, but I don't think it will resolve much for the various people--this man, his wife, this woman, and now/eventually their child.

No, It doesn't do anything for the people concerned. The child will receive support from a disgruntled, disinterested 'parent' (sperm donor would be more accurate) with a, I assume, very unhappy wife, and will most likely be hurt by the fact that their father didn't care enough to even acknowledge them.
I do like the statement it makes, though, that pregnancy shouldn't be taken lightly and that there's an inherent toll it takes on a person - especially if they have to go through it alone.

 

[johnnyG]

@dracuella I agree with what you say--I hope that positive aspect was not lost with my other concerns. This case is a kind of marker, and while I do understand that the legal issue before the court was perhaps a very narrow one, it is certainly also some progress.

I hope that the all the other stuff of life, parenthood, and growing up turns out as well as possible for the child and their mother.

 

[dracuella]

@dracuella I agree with what you say--I hope that positive aspect was not lost with my other concerns.

No, quite the opposite, your sentiment echoed my own which is why I wanted to reply. I agree completely that the case most likely only made everything worse for everyone involved. I just hope the mother felt justified by winning the case and getting the court's word that she wasn't wrong to feel, well, wronged.

I'm just struggling to understand how the father could care so little for someone he was intimate with and for the child his selfishness produced. Not to mention having unsafe sex with someone and then, I presume, going home to his wife and sleeping with her, too. The absolute disregard for anyone but himself and his own needs and wishes is mind boggling. Having him lose sends a message that this sort of behaviour isn't tolerated and that we're all responsible for our actions, or lack thereof.