Legal Women deceived by married men posing as single seek criminal penalties

Cases of men concealing their marital status to pursue relationships, known as dokushin gisō (独身偽装), have long been reported in Japan. Such deception rarely leads to criminal charges unless money is involved, leaving many women without legal recourse, though a growing number are beginning to speak out.

One case involves Mayu Yamamoto, a Tokyo woman in her 30s, who began dating a man she met through mutual friends in 2022. When she asked about rumours that he was married, he said he had divorced and was now single. Over the next two years, the relationship appeared to progress toward marriage. He met her parents several times, the couple underwent infertility treatment, and they chose an engagement ring together. After she became pregnant, his behaviour raised doubts. When confronted, he admitted he was still married and had a young child. Yamamoto, then three months pregnant, later gave birth. She has filed a lawsuit and says she hopes others will not face the same experience.

A civil court can issue an order for compensation if it determines that a man had unlawfully deprived a woman of her sexual autonomy by lying about his marital status. But such a lawsuit requires the plaintiff to prove that she was upfront about not wanting to have a relationship with a married man and that the man had actually lied about being single. Documentary evidence — for example, screenshots of text messages — could prove challenging to produce. Furthermore, if the victim had continued with the relationship even after learning about the deceiver's marital status, the case is unlikely to hold in court. Even if the plaintiff is able to prove everything, the amount of compensation is typically around ¥1 million ($6,265) or even lower. Unlike in the United States, where the court can award damages involving large sums to punish the defendant over their malicious conduct to serve as deterrence, Japan does not have such a legal framework in place. A woman who has engaged in sex with a married man is also at risk of being sued by his wife for joint liability.

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The plight of such women led to a victims' group being set up in 2024 to push for dokushin gisō to be criminalised, even without financial loss. A member, Maiko, has been lobbying for a penal code amendment and more serious damages, saying tougher penalties could deter such cases. An online petition has drawn about 16,000 signatures.

Japan has already broadened its definition of sexual assault. A 2023 revision moved beyond the earlier focus on violence or threats to include cases where consent is difficult to give, such as heavy intoxication. Mana Shimaoka, a criminal law professor at the University of Osaka, said the law could be extended further so that dokushin gisō itself becomes a criminal offence.

Link:

https://lit.link/en/Dokushingisou

thomas said:

He met her parents several times, the couple underwent infertility treatment, and they chose an engagement ring together.

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This is scumbaggery on a whole different level. Cheating on your spouse and not telling your new partner that you're married is awful enough. But leading her on while she's in the dark basically gaslight her into thinking you're going to marry her and proceed to have a child with her??

How does he face himself in the mirror?