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Sexual Violence and the Law in Japan : Asaa Women in Asia Series - Catherine Burns

Sexual Violence and the Law in Japan

Asaa Women in Asia Series

Hardcover Published: 1st February 2005
ISBN: 9780415336512
Number Of Pages: 216

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This book provides a detailed examination of judicial decision-making in Japanese cases involving sexual violence. It describes the culture of "eroticized violence" in Japan, which sees the feminine body as culpable, and the legal system which encourages homogeneity and conformity in decision-making, and shows how the legal constraints confronting women claiming sexual assaults are enormous. It includes analysis of specific case studies, and a discussion of recent moves to address the problem.

List of Tables Acknowledgements Prelude: Rape v Murder - or (Excessive) Self-Defence?
S&M Narratives Constructed in the Media
The Prosecutor's Narrative
The Defence Narratives
Judicial Narratives
Leading Questions
Legal Storytelling and Sexual Violence
Emerging Stories of Sexual Violence in Japan
Japanese Approaches to Judicial Decision-making
Legal Storytelling and Tales of Rape
Locating Legal Cases
Overview and Organisation of the Book
Hegemonic Masculinity and Guilty Feminine Bodies
Disrupting the Discourse of 'Natural' Sexuality
Normalising sukebei Masculinity and Prostitution
Imperial Constructions of Sexual Subjects and Sites
Sacrificed Women
Sukebei' s women and the Body Marked as Feminine
Inscribing the Feminine Body with Responsibility
Victim as Witness: The construction of appropriate victim personae
Framing the Judicial Imagination: A summary
Confronting the Japanese Criminal Justice System
Under-reporting
Challenging Boundaries: Public and private
Diversionary Tactics: Prosecutorial discretion
The Construction of a Homogenous Judiciary
Credibility in the Court: Scripting Rape
Tsja Rape Cases 4.2 Content analysis of Cases 11-20
'In Truth She Was Probably Very Drunk': Women subject to scrutiny
Fushizen Rape Cases
Authorised Violence and the License to Rape: ykeiryoku
Suspicious Stories of Threats, Intimidation and Injury
Unheard Screams and Pleas to Stop
Resistance
Hegemonic Tales of Heterosexuality
Markers of Truth: Silencing women in the court
Purity and Innocence
Evidence of Significant Shock
Promptness of Reporting the Incident
Comprehensive, Consistent and Clear Accounts
Going to the Site of the Offence
Consuming Alcohol
Sexual Experience
Provocation
Allocation of Blame
Subversive Stories and Feminist Strategies
The Sanitisation Strategy
Challenging Patriarchy: Constructions of heterosexuality and rapists
De-centering Force and Resistance: Reconceptualising consent
Expert Witness Evidence
Law Reform: Reconfiguring rape as assault
Manipulating the Rhetoric of Rights
Mobilising Strength: Support groups as resistance
Re-educating Judges
Domestic and International Pressure
Conclusion
Legal Definition
The Cases
Bibliography
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780415336512
ISBN-10: 0415336511
Series: Asaa Women in Asia Series
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 216
Published: 1st February 2005
Publisher: TAYLOR & FRANCIS
Country of Publication: GB
Dimensions (cm): 24.18 x 16.1  x 1.68
Weight (kg): 0.48
Edition Number: 1