Consent and the law in Japan: what the 2023 Penal Code reform means for travellers

For anyone travelling to Japan, consent is not only a matter of manners: it is a matter of law. On 16 June 2023 the Diet passed an amendment to the Penal Code and the Code of Criminal Procedure and, the same day, a separate act on filming sexual images. This summary follows the explanations published by Japan's Ministry of Justice (read on 7 November 2026). It is general information, not legal advice; for a specific situation, speak to a lawyer or the authorities.

One standard: difficulty refusing

According to the Ministry, the old requirements (violence or intimidation, or incapacity) were replaced with a common standard: being in a state where it is difficult to form, express or carry out a refusal. The law lists eight circumstances that can cause that state, including violence or threats, alcohol or drugs, sleep or impaired consciousness, and fear in an unexpected situation. The Ministry says the aim is not simply to widen what is punishable but to make the rules clearer and more consistently applied, and it notes that saying "no" and being overridden can be an offence when one of those circumstances is present.

The practical lesson is simple: if the other person is drunk, asleep, frightened or in a position where refusing is hard, there is no valid consent.

Age of consent: 16

The age rose from 13 to 16. For people aged 13 to 15, the rules apply where the other person is at least five years older. The Ministry stresses that a smaller gap does not mean everything is lawful, because coercion or other listed circumstances can still lead to liability. Rules differ between countries, so never assume: check age every time.

Marriage and partners are no exception

The reform states that these offences apply "regardless of whether a marriage exists". Between partners, consent is checked each time and can be withdrawn at any moment.

Filming and sharing images

The filming act punishes secretly filming intimate body parts, filming by exploiting someone's inability to refuse or by deception, and filming under-16s without a legitimate reason. It also covers distributing, publicly displaying, livestreaming or storing images for distribution. The Ministry gives examples of legitimate reasons, such as a doctor's medical record of an unconscious patient. For travellers: do not film or share anyone without explicit agreement, hotel rooms included, and as a couple agree every time.

Minors and contact through apps

A separate offence covers asking someone under 16 to meet for sexual purposes, or asking for sexual images, through threats, deception or benefits. If you are unsure of the age of someone you meet on an app, stop.

Limitation periods

The Ministry explains that the limitation period was extended by five years and, for victims under 18, also runs until they turn 18, because victims often take years to come forward.

If you need help

In an emergency, 110 is the police and 119 is ambulance and fire. JNTO's Japan Visitor Hotline (050-3816-2787, 24 hours, English, Chinese and Korean) can guide you in an emergency, although it does not offer three-way interpreting or book appointments.

Sources (read 7 November 2026): Japan Ministry of Justice, Q&A on the reform (https://www.moj.go.jp/keiji1/keiji12_00200.html) and law page (https://www.moj.go.jp/keiji1/keiji12_00198.html); JNTO emergency guide (https://www.jnto.go.jp/emergency/eng/mi_guide.html). For the current text, always check the original legislation.