Japan's government is moving to expand the current law on prostitution to include penalties for those seeking to purchase sex, a shift from the existing focus solely on those selling it. The current law penalizes individuals who wait for customers or solicit in public spaces for the purpose of prostitution, but does not impose similar penalties on those who propose to buy sex. This amendment aims to rectify the imbalance in the 70-year-old Prostitution Prevention Law. However, measures to penalize the act of purchasing sex itself are expected to be excluded from this revision.
According to the Asahi Shimbun on August 24, the Japanese Ministry of Justice submitted a report reflecting ongoing discussions at a meeting of experts regarding the amendment of the Prostitution Prevention Law. The ministry plans to finalize the report in September and submit the proposed changes to the extraordinary session of the National Diet in the fall.
Established in 1956, the Prostitution Prevention Law prohibits prostitution but does not penalize the act of prostitution itself. Instead, it punishes related activities such as soliciting or waiting for customers in public places. Currently, individuals found soliciting or waiting for customers in public spaces face penalties of up to six months in prison or fines of up to 20,000 yen (approximately $140). However, the law only targets those selling sex.
The newly submitted report indicates that experts have called for correcting the imbalance in the current law. As a result, a proposal has been made to introduce new penalties for individuals who suggest purchasing sex in public spaces. The report also includes a recommendation to raise the current fine limit of 20,000 yen.
This imbalance is starkly illustrated in Tokyo's Kabukicho district. According to the Nihon Keizai Shimbun (Nikkei), the Tokyo Metropolitan Police apprehended 112 women, referred to as "tachinbo" (standing women), last year for waiting for customers for prostitution in the Okubo Park area of Kabukicho. Tachinbo originally referred to day laborers but now describes women standing on the streets in entertainment districts waiting for customers. The basis for their arrest was their solicitation or waiting for customers in public spaces. In contrast, no men who proposed to buy sex were penalized under the same regulations.
Among the arrested women, approximately 40% were found to have turned to the streets to cover expenses related to host clubs and other entertainment costs. Calls for legal reform intensified starting in 2023, as cases emerged of young women driven to prostitution to repay large debts incurred at exploitative host clubs, raising questions about the reality of only arresting women waiting for customers. Lawmakers have pointed out the "distorted structure" where only women selling sex are apprehended, leading to Prime Minister Sanae Takaiichi directing a review of the Prostitution Prevention Law. The Ministry of Justice established an expert meeting in March to discuss potential reforms.
However, the proposed amendment will maintain penalties for those selling sex who solicit or wait for customers. While there have been calls to avoid penalizing individuals driven to prostitution due to economic hardship or exploitation, experts believe it is challenging to exclude all individuals from penalties regardless of their circumstances. Instead, they plan to consider the circumstances leading to prostitution, economic conditions, and the need for support when determining criminal penalties or sentences.
Women’s support organizations have also argued for penalizing the act of purchasing sex itself, but the report indicates that there is a prevailing opinion advocating caution on this matter. It is argued that invalidating consensual sexual acts between adults is difficult to justify legally and theoretically. Concerns have also been raised that increasing penalties could push prostitution underground, placing sellers in more dangerous situations and distancing them from welfare support.
* This article has been translated by AI.
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