By Catherine Burns
This ebook presents an in depth exam of judicial decision-making in eastern instances concerning sexual violence. It describes the tradition of 'eroticised violence' in Japan, which sees the female physique as culpable and the felony process which inspires homogeneity and conformity in decision-making and indicates how the felony constraints confronting ladies claiming sexual attacks are huge, immense. It contains research of particular case reports and a dialogue of contemporary strikes to handle the matter.
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Extra info for Sexual Violence and the Law in Japan (Asaa Women in Asia Series)
Sukebei practices are thus constructed as natural and therefore inevitable, even though they may not constitute dominant practices of male sexuality. Dominant and ‘perverted’ aspects of male sexuality are, therefore, both regarded as expressions of ‘healthy’ masculinity, but the former receives greater social legitimacy through the institutionalisation of marriage while the latter is regarded as peripheral and of little if any social consequence (Allison 1996: 47). Moreover, coupled with narratives of low crime rates and safe cities, sukebei behaviour as part-fantasy is rendered essentially harmless and as such provides a form of sexual licence to women’s bodies.
Butler (1990) disrupts essentialist or biological arguments, arguing that gender is an ideal identity that comes into being in approximated forms through sustained ‘performance’. Thus, gender is not an attribute that subjects have but, rather, something that they do. However, this performance does not provide the subject with unrestrained agency. Rather, as Ehrlich (2001) notes and develops in her own work, Butler (1990: 33) acknowledges that gendered sexual subjects are produced within a ‘rigid regulatory frame’ which, over time, produces the impression of a natural state.
This method is based on the assumption that narratives can be approached as a window through which social life can be analysed. The aspect of social life in Japan that is central to this book is the intersection between gendered power relations and sexuality. Judicial narratives of rape and sexual assault are used to analyse and illustrate the way in which gender, sex and sexuality are produced through Japanese legal discourses. I suggest that particular gendered assumptions and conventions that have achieved considerable social currency in Japan constitute the pool of ‘common sense’ from which judges draw in order to interpret ‘facts’, come to their conclusions Legal storytelling and sexual violence 17 11 11 011 11 0111 11 0111 0111 4 511 and construct their ‘hegemonic tales’.
Sexual Violence and the Law in Japan (Asaa Women in Asia Series) by Catherine Burns