POINT OF VIEW/ Mika Kobayashi: New courts needed to protect sex crime victims

In September, I sat in on a trial for a robbery and rape case held under the citizen judge system at the Aomori District Court. I did so at the request of a media organization, but I also wanted to see for myself how these trials work.

For personal reasons, I was worried I might not be able to stay calm: I am a victim of a sex crime that occurred nine years ago.

I listened as prosecutors, counsel and judges questioned the accused, and as the two rape victims delivered their statements.

When I heard the defendant had read my book "Sei-hanzai Higai ni Au to Iukoto" (What it means to be a victim of a sex crime) and written a piece reflecting on what he did, I felt as though I was facing my own attacker. The revelation made me shudder.

When the two victims explained they were having trouble sleeping, I knew exactly how they felt. Their words were so heavy with grief and fear that I was unable to hold back tears.

The women gave their testimony from a separate room. Their personal statements had a major impact on the trial.

And yet, it must have been painful for them to be so close to the defendant. If sex crime victims are always made to testify in person at citizen judge trials, I think many would find it too traumatic.

I admit there is a need for the citizen judge system. In this case, I was impressed by the way the lay judges nodded and listened attentively to statements. When answering their questions, the defendant spoke in a clear voice and used words that sounded like his own.

Having said that--and despite being confident that citizen judges would always do their best to make victims feel comfortable--I am conscious of the fact they have no professional training for their duties. I imagine it might be difficult for them to remain fair and rational in the event a defendant claimed the sexual relations were consensual. Some might feel a victim who was attacked while out alone late at night should bear some of the responsibility for what happened to her.

As things stand, I think sex crimes should be excluded from cases to be tried under the citizen judge system.

But that does not provide a "solution," because trials that comprise legal experts alone do not ensure respect for the dignity of victims.

During the trial, it became clear to me how lightly legal experts regard sex crimes. I was surprised when I later learned that under criminal law, robbery is considered a far more serious crime than rape. That surely can't be right.

The court this time made an effort to withhold the identities of the victims in open court and during the process of appointing citizen judges. But withholding identities does not by itself protect the privacy of victims.

Sex is a deeply personal and private matter. Do people really understand the trepidation that sex crime victims feel at the prospect their attack could become a matter of public discussion?

The most appropriate way to try these cases would be in new courts that specialize in sex crimes, to be set up in major urban areas such as Tokyo and Osaka.

They would comprise prosecutors and professional judges who are well versed in the impact of sex crimes on victims. Lawyers and counselors to whom victims can turn for advice should also take part. If possible, the defense counsel should also be lawyers with expertise in the behavior and rehabilitation of sex offenders.

A system such as this would make it easier for sex crime victims to file claims.

These people should not be tormented any more through the citizen judge system. As a first step, I ask for the understanding of legal experts to create a system that makes it easier for victims to come forward. I also urge society to accept victims of sex crimes and listen to them with greater compassion.

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The author works at a law office.(IHT/Asahi: November 28,2009)