NAGASAKI (TR) – At time of the alleged crime, a 32-year-old man from Nagasaki Metropolis was concerned in extra-marital affairs with round two dozen girls. He’s accused of participating in intercourse with the underage daughter of a type of girls.
In March, Reo Kawaguchi allegedly had oral intercourse and sexual activity with out consent with the woman, then a 15-year-old center college pupil, on the residence of the girl.
Understanding that she was below 16 years previous, Kawaguchi sneaked into the sufferer’s room twice, as soon as whereas her mom was asleep and as soon as whereas she was out.
On August 28, Kawaguchi, with a medium construct, entered the Nagasaki District Court docket for the opening of his trial attired in a beige chinos and a navy blue t-shirt.
The defendant is accused of committing the crime of non-consensual sexual activity. In commenting on the allegations, he whispered from behind a respiratory masks, “It’s true.” He added, “I believe it was as a result of I couldn’t management my need.”
“Do you perceive that that is unforgivable?” the decide mentioned angrily to the defendant.
Till this summer season, Kawaguchi was married. On the time of the incident, he was in a bodily relationship with the sufferer’s mom whereas her husband was away on a enterprise journey.
In the course of the proceedings, the prosecution identified the maliciousness of Kawaguchi’s crime, together with his telling the woman to maintain quiet afterward, in response to Nagasaki Broadcasting (Aug. 31).
The prosecution is searching for a five-year jail sentence for an act of depravity that not solely can have a long-lasting impression on the sufferer however it’s also tearing aside two households.
Affairs with between 20 and 30 girls
After graduating from a vocational college, Kawaguchi started working as a caregiver and married on the age of 23. On the time of the incident, he was residing together with his aforementioned spouse and youngster, however their relationship was in a poor state. He mentioned that between and January and March alone he had engaged in affairs with between 20 and 30 girls.
One in every of them was the mom of the sufferer. Kawaguchi knew from his conversations along with her that the sufferer was a 15-year-old third-year center college pupil.
Kawaguchi had stayed over at her residence and waited till she was asleep earlier than going to the sufferer’s room to kiss her. However after considering he heard a noise outdoors he exchanged contact data along with her and returned to her mom’s room.
Later, after the sufferer’s mom went out, he went again to her room, took off her garments, and carried out lewd acts on her. He didn’t use a contraceptive.
After the incident, the sufferer’s mom turned suspicious of Line chat messages between the woman and Kawaguchi, which led to the crime being found. When she referred to as Kawaguchi to query him, he mentioned, “I didn’t drive her.” He additionally didn’t apologize.
“Sexual acts with out consent are a criminal offense”
The “crime of non-consensual sexual activity” was a brand new crime established in 2023. It modified what was beforehand the crime of compelled sexual activity, and clarified that sexual activity as a violation is performed in a state by which it’s tough for the sufferer to “kind, specific or fulfill the intention to not consent.” In different phrases, “sexual acts with out consent are a criminal offense.”
If “the opposite individual is below 16 years previous,” or “the opposite individual is between 13 and 16 years previous, and the perpetrator is 5 years or older,” the crime is established even when there may be consent. The statutory penalty is a particular jail sentence of 5 years or extra.
This requirement was established primarily based on psychological and psychiatric information that individuals below 16 years previous are thought-about to be unable to grasp the that means and penalties of sexual activity and due to this fact would not have the power to consent, and that if the age distinction is massive, “an equal relationship is inconceivable.”
“It’s a secret”
On this case, Kawaguchi, as an grownup male, was in a socially superior place and pressured the sufferer to maintain quiet in regards to the crime. In exchanges on the chat app Line, he wrote to her issues like: “Are you behaving nicely?” “It’s a secret.” “Don’t let your dad and mom discover out.”
The age distinction between Kawaguchi and the sufferer is 17 years. The sufferer mentioned that she was unable to speak to anybody about what an grownup man had immediately performed to her.
“My mom introduced a good friend over to our home. I used to be stripped and touched,” she advised the court docket. “It was arduous to refuse what an grownup man mentioned to me. I used to be too embarrassed to speak to anybody about it, even when I wished to speak about it. However my mom seen.”
The defendant and the sufferer reportedly reached a settlement of three million yen and agreed to not contact one another or discuss it. It was additionally revealed in court docket that it was the defendant’s dad and mom who paid the settlement.
The daddy of Kawaguchi appeared in court docket as a personality witness for the defendant. The daddy, who mentioned he was “arduous of listening to,” leaned ahead and listened intently to the questions.
The daddy mentioned that he’s a sailor and lives a lifetime of three months at sea and one month off. When his son is launched, he plans to take him again to the home the place he and his spouse reside and supervise him even when it means placing a GPS on his cell phone. At this level within the proceedings, Kawaguchi appeared down.
Lawyer: Who paid the three million yen settlement?
Father: We paid it with [jointly owned] cash. We canceled our life insurance coverage and paid it.
Lawyer: Do you suppose your son had a sexual curiosity in youngsters?
Father: I don’t suppose so.
Lawyer: Did you discover his promiscuous relationships with girls?
Father: Plainly he steadily met with women he had communicated with on social media and matchmaking apps, so I ponder if there’s something irregular about that.
Lawyer: What would you want to inform him now?
Father: Don’t do something silly.
“I knew it was mistaken”
Kawaguchi had already admitted to extramarital affairs with 20 to 30 girls because the starting of 2024. And when requested a number of instances about whether or not he was a pedophile, he answered clearly that he was not.
So why did he damage a center college pupil?
Lawyer: Do you know that [the victim] was 15 years previous?
Kawaguchi: Sure
Lawyer: Do you know that it was mistaken even with consent at 15 years previous?
Kawaguchi: I didn’t know the small print, however I knew it was mistaken to do it.
Lawyer: You knew it was a criminal offense, however couldn’t cease?
Kawaguchi: That’s proper
Lawyer: Why?
Kawaguchi: I believe it has to do with the power of my need.
Lawyer: Why have you learnt why it’s mistaken even with consent?
Kawaguchi: I believe it’s mistaken due to their age, since they will’t decide proper from mistaken…or take into consideration the dangers that may happen afterwards or the way to reply.
The prosecution then started to grill Kawaguchi.
Prosecutor: Why didn’t you employ contraception?
Kawaguchi: As a result of I didn’t have one.
Prosecutor: You knew in regards to the dangers of being pregnant and sexually transmitted illnesses, however you continue to did it? Didn’t you attempt to cease?
Kawaguchi: I did, however I couldn’t cease.
Prosecutor: Why didn’t you cease?
Kawaguchi: I believe it was as a result of I used to be very considering having intercourse.
Prosecutor: Do you perceive the aim for limiting intercourse with minors below 16?
Kawaguchi: I don’t know the small print, however I believe they’re protected by the regulation as a result of they’re immature.
Prosecutor: Did you are feeling responsible?
Kawaguchi: Sure.
Prosecutor: However you despatched messages to the sufferer, like “We could do it once more?”, “Suck me”, “Wish to suck me?” Didn’t you?
Kawaguchi: I believe my needs obtained the higher of me.
Prosecutor: When the mom contacted you, you didn’t apologize, however as an alternative mentioned, “It’s okay so long as she consents.” Proper?
Kawaguchi: I wished to apologize and have her take heed to me as soon as, nevertheless it didn’t occur.
The decide and one juror then questioned Kawaguchi. They first confirmed that the defendant met the sufferer a complete of two instances. The decide then requested about consent.
Choose: If she mentioned she didn’t wish to do it, you wouldn’t have compelled her?
Kawaguchi: Sure.
Choose: Did you suppose she might say no?
Kawaguchi: I had heard that he was shy and didn’t discuss a lot with strangers, however I had the impression that she talked quite a bit with me.
Choose: Didn’t you suppose that she would do what you mentioned as a result of she was shy and quiet?
Kawaguchi: I didn’t suppose that method.
Choose: However you despatched her Line messages, saying, “Don’t let my dad and mom discover out.” Why?
Kawaguchi: As a result of it’s not okay to try this, in order that [her mother] wouldn’t discover out.
The decide then scolded Kawaguchi. “You will have dated varied girls with that feeling, however what you probably did this time is a prison act,” the decide mentioned. “It’s an unethical crime! Do you perceive?”
“Have you ever paid that cash again?”
The decide then inquired about whether or not Kawaguchi had repaid the three million yen to his dad and mom.
Choose: You borrowed some huge cash from them earlier than, proper? I gained’t go into particulars, however have you ever paid that cash again?
Kawaguchi: Not but
Choose: Have you ever not paid it again, even just a little?
Kawaguchi: There have been different issues I wanted to pay again, so I’ve been prioritizing these.
Choose: Are you able to pay it again correctly?
Kawaguchi: I’ll attempt my finest.
Choose: Do you imply the hassle you’ll put in to try this?
Kawaguchi: I’m making an attempt to try this.
The decide then reminded Kawaguchi that the paying of the three million yen doesn’t imply that he’s forgiven. “Do you perceive that you just haven’t been forgiven? Do you perceive that it’s not one thing that may be forgiven?” the judged requested. The defendant responded within the affirmative.
“Afraid of closed areas”
Kawaguchi and his spouse have been married on the time of the incident, however they divorced in July.
The sufferer’s mom, who participated within the trial below the sufferer participation system, additionally made an announcement behind a partition.
“My daughter was a faculty dropout in her second 12 months of center college,” mom mentioned. “However she was accepted into the highschool of her alternative, and she or he spent her days off fortunately, hanging out along with her buddies. However after the incident, she turned afraid of closed areas and was unable to make use of public transportation.”
She went on to say that she stop her job so as to take her daughter to and from highschool
“Our family earnings has dropped, making our lives tough,” she continued. “As a result of the incident occurred whereas my husband was on a enterprise journey outdoors the prefecture, a rift has developed between us as a pair as a result of I used to be unable to guard my daughter, and we’re at present in divorce mediation. Not solely my daughter’s future, however the way forward for our total household has been ruined. I hope for an applicable punishment.”
The sufferer’s father mentioned, “I’ll by no means forgive the defendant for hurting my beloved daughter. I can not settle for the fact. I can not suppress my anger. I hope for a extreme punishment.”
Sentence to be handed down this autumn
The prosecution sought a five-year jail sentence, citing the dearth of extenuating circumstances within the motive. The statutory penalty for non-consensual sexual activity is a particular jail sentence of 5 years or extra.
The protection lawyer requested for a suspended sentence, arguing that there was no violence and that the crimes have been consensual, and due to this fact couldn’t be thought-about severe even amongst non-consensual sexual activity.
The sentence will probably be handed down this autumn.
