Domestic and intimate partner violence involves abuse by current or former partners or family members. Legal resources focus on protective orders, criminal sanctions, shelter provisions, and the rights of survivors within family law and criminal justice systems.
The appellant-wife appealed to the Intermediate People’s Court of Wuxi Municipality, Jiangsu Province in relation to the lower court’s refusal to grant a divorce. The appellant alleged that her marriage with the appellee was irreparably broken and that he had committed domestic violence against her. The appellant alleged that the domestic violence was corroborated by their daughter’s testimony and photographic evidence.
The lower court convicted the appellant of intentional assault and sentenced her to life imprisonment and deprivation of political rights for life for stabbing her cohabiting boyfriend to death. The lower court held that the defendant’s motive, frivolous arguments, constituted a crime of intentional assault. The lower court found that the consequence of the crime was serious and that the defendant should receive a severe punishment.
The Domestic Violence Prevention Act (the “DVPA”) was established in order to prevent acts of domestic violence and to protect the interests of victims. The DVPA defines domestic violence offenses and the family members who might be implicated, specifies the responsibilities and tasks of the various competent authorities, and governs issues such as civil protection orders, criminal procedure, the interests of any minors involved, protection of and support for victims, and educational and prevention measures. Breaches of the DVPA will result in the imposition of a fine or imprisonment.
The defendant-husband of Dutch nationality, married but separated from his Japanese wife, forcibly took his two-year-old daughter away from her mother with the purpose of taking her away to the Netherlands. The court held that the defendant kidnapped his daughter in a "malicious manner" when he pulled her by the legs, hanged her upside down and wedged her between his arm and waist, a criminal offense of kidnapping for the purpose of transporting the kidnapped person to a foreign country, under Article 226(1) of the Penal Code.
The defendant-husband, who had joint parental authority with his wife, forcibly took his son away from his mother. The court held that the defendant's act constituted kidnapping, as there were no special circumstances which made the defendant's actions necessary, and the act was "violent and coercive." In addition, the court found that the act of kidnapping the child could not be justified even though the defendant had parental authority.
The defendant was indicted under the Stalker Regulation Law on a charge of stalking his former girlfriend. The defendant demanded many times by email and phone that she repay costs he incurred while they were dating. The defendant sent a letter to her threatening to distribute nude photos of her if she did not unblock him on her cell phone. The Supreme Court determined that, even though he sent the letter only once, his conduct amounted to “stalking” under the Stalker Regulation Law since his conduct was as a whole persistent and repetitive.
On May 20, 2014, the defendant used a hammer to strike her husband’s head three times. She then asked her son to send her husband to hospital where he died. The Court found that throughout their marriage, the deceased often beat and abused the defendant. The day before the incident, the deceased beat the defendant for a long period of time. At approximately 5:30 AM the following day, the defendant, due to the history of abuse, decided to kill her husband. During the trial, multiple witnesses testified to the deceased’s long history of domestic violence.
Under Article 14 of the Japanese Constitution, “all citizens of Japan are equal under the law, and shall not be discriminated against in political, economic or social relations on the basis of sex.” Article 24 of the Constitution states that marriage can only be formed through the mutual consent of both sexes, and it must be maintained through mutual cooperation of husband and wife.
The appellant and the deceased were divorced in 2007 but continued to live as a married couple until the incident. The appellant had a history of physical abuse. On the day of the incident, the appellant again beat the deceased with a leather belt, causing her to commit suicide. On the same day, the appellant turned himself in. The lower People’s Court held that the appellant had continuously beaten the deceased, causing her to endure physical and mental damage and commit suicide, and his actions constituted the crime of abuse.
The Act on the Prevention of Spousal Violence and the Protection of Victims etc. (the “Act”) was enacted to prevent spousal violence. The Act aims to protect victims by establishing a system for notification, counseling, protection and support for self-reliance following an incident of spousal violence.
