Be accused of Groping In Japan - Go Straight To Jail


Masuo Kamiyama


Toei-affiliated theaters around Japan are currently showing a controversial film entitled "Even then, I swear I didn't do it." Directed by Masayuki Suo, the movie is based on the true story of a 26-year-old man, accused by a high school girl of groping her on a packed rush-hour train, who went through a living hell.

"Since I saw it, I've been afraid to get on a train," a fortyish salaryman confides to Asahi Geino.

In Japan, it seems, those suspected of "chikanery" are considered guilty until proved innocent. Which might be difficult to do: After all, you were there, your hands were free to roam, and any potential witnesses either had their eyes glued to their cell phone screens or were in cloud cuckoo manga land.

In the abovementioned movie, a prosecutor offered the accused a plea bargain. "If you admit your action unequivocally, you'll be fined. No different from a traffic violation." But the man smelled a trap and stuck to his guns, insisting, nope, he'd never touched her.

"It's no easy task to prove one's innocence," says journalist Masaki Ikegami. "If the case goes to court, the prosecution's rate for successful guilty convictions is running 99.9 percent.

"It's assumed that women who are willing to admit to the shame of having been groped are to be completely believed, as far as identifying their assailant," he adds.

So to keep its readers out of trouble, Asahi Geino provides what might very well be the most comprehensive advisory ever published on how to avoid being falsely accused of groping.

- Get an early start. If possible, depart from the first station on the line. Considering the extra outlay to purchase a reserved seat ticket.

- Be especially careful if you commute on express trains with long intervals between stops.

- If you're standing, grasp the strap with both hands, so they are visible to everyone in your proximity.

- Turn your back towards women standing close by.

- If you happen to bump against a woman, say "Pardon me" in a voice loud enough to be heard by other passengers and change your position.

- Under no circumstances should you stand beside girls of middle school age.

- Apologize promptly and profusely for any physical contacts with a woman, even arm contact.

- Chew gum or suck on bad breath mints -- bad breath tends to annoy people.

- It's dangerous to tap out messages on cell phones as some women may suspect a man is using the built-in camera to surreptitiously take her photo.

If accused of groping, by the way, you may think your privacy is sacrosanct, don't. The items you keep at home may cause suspicion to harden into certainty.

"After you're arrested, if you continue to deny it, it's common for the police to obtain a warrant to search your residence," says a former suspect. "If you're found in possession of porn, and particularly videos with groping scenes, this will almost certainly prejudice the court unfavorably."

Likewise, Asahi Geino advises, you don't want to be caught with a video camera or SM paraphernalia such as handcuffs in your briefcase. If these items are found on your person, you might as well start looking for an interior decorator for your cell.

Furthermore, don't expect railway company staff to be sympathetic.

"If we get a complaint from a woman, our policy is to turn the man over to the police, no ands, ifs or buts," says a station employee.

"All you can do is keep a cool head and keep maintaining your innocence," the magazine advises.

If it does get as far as a police interrogation, it is absolutely essential that you to go over every minute nuance in the police report before signing it.

For example, if you concede that you "might possibly have come into contact," with the injured party, this can be construed as your having admitted you "touched her," and turned against you at the trial.

One of the few defense techniques if you are accused is to insist on a forensic examination of fibers. If you're found to be "clean," this can be used by your attorney as evidence of your innocence. It makes sense look for a criminal attorney who has experience at repudiating such charges.

Finally, if you do maintain your innocence, be prepared for a long, drawn-out ordeal. It took Takashi Yatabe, the model for the book about the plight of another accused groper, two years before his innocence was finally confirmed. That included three months in jail before the prosecutor decided to file charges

So remember Asahi Geino's advice: to avoid accusations of groping, forewarned is forearmed.


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