Aussie victim in Japan

先ずはReutersの記事;


Australia rape victim sues over Japan police conduct
04 Dec 2007 10:16:27 GMT
Source: Reuters

TOKYO, Dec 4 (Reuters) - An Australian woman who sued Japanese authorities for alleged police mistreatment after she was raped by a U.S. military serviceman lost her case on Tuesday, but said she would fight on in a higher court.

The Australian woman in her 40s, who asked not to be identified, sought damages from the Kanagawa prefectural government near Tokyo, saying its police force held her for more than 10 hours after she was raped in 2002. During that time, the woman said she was denied medical attention despite having cuts and bruises on her legs and chest, was given no food or water and was forced to accompany police officers to the crime scene to show them what happened.

The woman was eventually taken to hospital, but wasn't given any new underwear after handing over her own as evidence of the crime, she said.

The Tokyo District Court said it could not recognise that the woman had been physically or mentally in need of urgent care from the police. It also said that while the woman had appeared to be in a state of confusion after the attack, it had not been obvious that she needed the police to accompany her to hospital.

"As if being sexually violated is not enough in Japan, I had to have broken bones to be able to go to a hospital," the woman, who lives in Tokyo, told reporters as she held back tears.

"If you could ask a rape victim if they would rather be raped or be murdered, I know the answer."

Officials from Kanagawa Prefecture and Kanagawa police were not available for comment.

Activists and lawyers say sentiment towards rape victims in Japan remains chilly in a society where many feel the women may have led the man on, that she is lying or that she could have fought back.

While legal changes have helped make it easier for rape victims to take cases to court, lawyers say many women opt not to, for fear of a humiliating police investigation that requires a victim to demonstrate how the rape happened at the crime scene.

"If this is the legal system's obligation of secondary damages (for rape victims), then it's almost impossible for the country to carry out its policy of stopping violence against women," said Mami Nakano, the Australian woman's lawyer, said of Tuesday's ruling.

The Tokyo District Court recognised in 2005 that the U.S. serviceman had raped the Australian woman, but he had already fled to the United States.

Some victims' support groups estimate that rape cases in Japan amounted to more than 10 times the National Police Agency's official figure of 1,948 last year. (Reporting by Chisa Fujioka; editing by Sophie Hardach)
http://www.alertnet.org/thenews/newsdesk/T164191.htm

また、『毎日』の記事;

<損害賠償>県警捜査の違法訴えた女性の請求棄却 東京地裁

12月4日22時44分配信 毎日新聞
 性的暴行被害を訴えた東京都在住のオーストラリア人女性が、神奈川県警の対応で苦痛を受けたとして県に1100万円の賠償を求めた訴訟で、東京地裁は4日、請求を棄却した。加藤謙一裁判長は「警察官の対応に違法はない」と述べた。

 訴えによると女性は02年、同県横須賀市内で米兵に暴行された。ショック状態なのに、横須賀署員から現場への立ち会いや経過説明を強要され、病院の受診も直ちにさせてもらえなかったと主張した。

 判決は「署員が立ち会いを強要したとは言えず、事情聴取も限度を超えていない。女性が急いで救護すべき状態だったとも認められない」と判断した。

 女性は米兵を強姦(ごうかん)致傷容疑で告訴したが、横浜地検横須賀支部は02年に不起訴とした。一方、女性が米兵に賠償を求めた民事訴訟東京地裁は04年、性的暴行を認定し300万円の支払いを命じた。【北村和巳】
http://headlines.yahoo.co.jp/hl?a=20071204-00000167-mai-soci

米軍足軽による日本におけるレイプ事件は日米関係に絡めて、例えば日本人(亜細亜人)に対する差別意識とかを持ち出して論じるということが多いようにも思えるが、豪州人もその犠牲になっていたということは知らなかった。Reutersの英文の記事と『毎日』の記事を比べると、『毎日』の方は簡潔に過ぎ、原告の主張の具体的な部分が省かれ、事実の隠蔽に近い印象を受ける。