Citation

Kamio M. Rev. Leg. Polit. Sci. 2011; 47(2): 136-154.

Copyright

(Copyright © 2011, Japan Association of Legal and Political Sciences)

DOI

unavailable

PMID

unavailable

Abstract

In 2001, the Act on the Prevention of Spousal Violence and the Protection of Victims was enacted to protect victims of spousal violence. The Act provides as follows. 1. Spousal Violence Counseling and Support Centers in each prefecture offer consultation, counseling, temporary protection for victims and accompanying family members, and various kinds of information. 2. In case where a victim who has been subjected to bodily harm or life-threatening intimidation by a spouse is highly likely to receive serious harm to life or body from renewed spousal violence, a protection order shall be issued to the abuser by a district court, subject to a written petition to the court. This paper researched the following five issues related to the Japanese measures against spousal violence. 1. What kind of violence should the Act target? 2. The Act differentiates between physical violence and other type of violence such as sexual violence and psychological violence in issuing the protection order. Is such a difference appropriate? 3. The Act provides that those who detect spousal violence (limited to cases of bodily harm by a spouse or former spouse) shall endeavor to notify the fact to a Spousal Violence Counseling and Support Center or a police officer. Is it appropriate that only physical violence should be notified? 4. Can the social role played by the Anti-Prostitution Law in the protection of women be used as the main tool in protecting victims of spousal violence too? 5. How does the social security law respond to the needs of victims of spousal violence?