Question from a reader:
It seems that Masahiro Nakai wants to express his opinions, but does that mean he is not listening to the opinions of the victimized women? Does this mean he has no intention of lifting the confidentiality obligation? Is my understanding correct?
Considering the Confidentiality Obligation of Offenders
Recently, various opinions regarding Masahiro Nakai have been circulating in
the news. Amidst the scrutiny of his statements and actions, discussions about “confidentiality obligations” seem to be heating up. Therefore, I would like to consider this issue from a legal perspective.
What is the confidentiality obligation?
The confidentiality obligation refers to the legal duty of professionals such as lawyers and doctors to protect the information of their clients or patients. In other words, it is established on the basis of trust and is not specifically applicable to offenders. It is fundamentally hard to consider that offenders have a confidentiality obligation. Of course, from a legal standpoint, offenders have the right to express their opinions. However, it poses a problem if this is done while ignoring the voices of the victims.
About Masahiro Nakai’s Actions
It may be a wise choice for Nakai to rely on his lawyer. However, there is also a viewpoint that he is evading the issue. While it is important to seek legal advice, I believe there should be a sincere attitude towards the victims. Unfortunately, his statements do not seem to reflect the voices of the victims.
The Balance Between Law and Humanity
While the law is meant to assess facts calmly, human relationships are accompanied by emotions. In fact, as I study law, I sometimes find myself perplexed by the complexities of human relationships. For example, discussions about legal topics with friends often evolve into emotional debates before I realize it. There are aspects that cannot be resolved solely by law or that fail to empathize with the feelings of the victims. So, what should be done in such cases? While legal knowledge is important, I feel that the most crucial thing is to have compassion for others. For instance, simply talking over coffee can sometimes bridge emotional distances. Discussing legal matters is challenging, but striving to understand the other person is always beneficial.
Share Your Opinions
What do you think about these issues? If you have any thoughts regarding the confidentiality obligation of offenders or Masahiro Nakai’s actions, please feel free to share in the comments. I believe that sharing our experiences and opinions can lead to deeper reflections. I, too, want to learn more by considering your opinions. I’m looking forward to your responses!
