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Letter of Request
Amend the Law to Fully Respect Sexual Rights
Dear Minister of Justice,
We, the undersigned, request that in the general meeting of the Legislative Council of the Ministry of Justice you consider the addition of “insertion of fingers and objects” to the definition of rape as described below. The amendments regarding sexual offenses in criminal code have attracted attention both nationally and globally. We hope that you discuss this thoroughly in order to come to the right decision.
1. Re. Definition of genitals
Shapes of genitals differ from an individual to individual. Internal and external genitals may not be clearly distinctive because of their removal or artificial formation due to treatment of genital tumors, Disorders of Sex Development or other reasons, but they are still an individual’s genitals. The Council discussed that artificially formed genitals in sex reassignment surgery could be fundamentally considered as genitals but judgments would be case-by-case. We, however, wonder if it is realistically possibly to legally define an individual’s genitals. If the state is going to have a definition for certain reasons, it could lead to serious violations of human rights.
An epitheses that mimic penises can be inserted and hard to distinguish from real ones. Strap-on dildos with varied colors and forms are also hard to distinguish. How much difference would it make for victims, physically and psychologically, whether it was a so-called “genital”, “epithesis” or “artificially-formed genital” that was inserted? Discussion around the definition of genital must be discussed with more gravity.
2. Re. Insertion of fingers and objects
Based on the argument expressed above, we believe that limiting the definition of rape only to genital insertion is not reflective of reality and insertion of fingers and other objects must also be added to the definition of the crime.
The Council minutes included that “insertion of fingers and objects into the mouth” was not the same nature as other acts. If so, insertion of fingers and objects into the mouth should be discussed in detail first. In the course of the debate on these issues, the insertion of these things into the vagina and anus will have to be discussed. There will be no consistency in discussion otherwise. We welcome the approach that the definition of rape will be gender-neutral and not be directly associated with procreation any more. It is the addition of insertion of fingers and objects to the rape definition that is still needed to “protect sexual freedom and the right to sexual autonomy as an individual’s interest that should be protected by the law.”
