A Justice Ministry panel is discussing ways to toughen penalties for sex crimes and reform the process of bringing alleged criminals to trial. The current legal provisions concerning sex crimes are far from adequate and out of line with world standards. The expert panel's discussions are extremely important to help reduce sex-related crimes in Japan.

The main problem is finding reasonable ways to protect victims, while still ensuring that all those crimes are prosecuted. Current legal provisions state that rape and indecent assault can only be prosecuted if the victim files a complaint. Many victims do not file in order to protect their privacy and reputation. Once upon a time, that provision may have been one way to protect the honor or social reputation of women who suffered sexual assaults. However, that provision now means that many attackers walk away free when women decline to press charges. The attackers, one must assume, go on to commit more crimes.

A Cabinet Office survey three years ago found that only 4 percent of sex-crime victims filed a police report. Last year, around 20 percent of sexual assault cases handled by prosecutors did not proceed after victims dropped charges. Rape and sexual assault crisis centers report that of the many victims who contact their offices for advice, care or treatment, very few file a legal complaint.

Surely, a way could be found for victims to be called to testify but have their privacy respected. Even if they refuse to testify, for personal or psychological reasons, the crime should be prosecuted. In most cases, though, their testimony is central to the case. With the right system of protection for the victim's rights, such testimony can be heard.

Also in need of change are the penalties for guilty verdicts. The mandatory minimum sentence for rape is three years in prison, while the minimum sentence for robbery is five years. That disparity is unjust. Rape resulting in death or injury has a minimum term of five years, while robbery resulting in injury is six years. The committee should recommend immediate changes to sentencing that reflect the heinous nature of those crimes. Rape and sexual assault can permanently damage a person's life, with effects at least as serious as any robbery.

In most other countries, sexual assaults and rape are prosecuted regardless of whether the victim files a complaint. Japan should also recognize that a crime is a crime, regardless of whether the victim files a complaint or not. It is important to protect victims' rights, as well as their reputation, but sex crimes should be prosecuted and perpetrators of those crimes should be given appropriately harsh penalties. Legal codes need updating as social conditions and moral attitudes change. This update is long past due.