Question from a reader:
I am curious about how the opinions of victims are treated when the victim is a minor and the perpetrator is an adult, particularly regarding how prosecutors decide whether to file charges. I have heard that the opinions of the minor’s parents are given significant weight, but will the opinions of the minor victim themselves also be
properly considered? I would appreciate it if someone knowledgeable about the law could explain this in detail. I apologize if my question is unclear.
The Impact of Minor Victims’ Opinions on Legal Proceedings
When a minor is a victim and the perpetrator is an adult, how the opinions of the victim are treated in the prosecutor’s decision-making process is an important issue both legally and psychologically. This article analyzes the legal background, psychological perspectives, and ethical frameworks related to this theme, while considering specific cases and industry regulations, and explains it in a way that is easy for readers to understand.
Legal Background
In Japanese criminal law, cases involving minors as victims require special consideration. The influence of a minor’s opinion on the prosecutor’s decision to file charges is fundamentally based on the principle of respecting the victim’s wishes. However, considerations based on the minor’s psychological development and maturity are also necessary, which is why the opinions of parents are often emphasized. For example, when a minor is a victim of a sexual crime, the testimony of the victim themselves becomes crucial, but due to psychological burdens, it is common for parents to express opinions on their behalf to avoid having the minor testify in court. In such cases, the parent’s opinion is recognized as reflecting the victim’s wishes, but it does not necessarily convey the true opinions of the victim themselves.
Psychological Perspective
When a minor becomes a victim, the psychological impact can be severe, especially considering the effects of trauma. Psychological research indicates that minors have lower emotional and cognitive maturity compared to adults, making them more susceptible to the effects of incidents. Therefore, accurately understanding how the minor feels about the perpetrator or the impact they have experienced can be challenging. In such situations, psychological support becomes crucial. Counseling and psychotherapy can help minors organize their emotions and express their opinions. Respecting their feelings of fear and anxiety while valuing their opinions is ethically required in legal proceedings.
Ethical Framework
Considering the rights and protection of minors, an ethical perspective is also important. Minors have the right to self-determination and to express their opinions, but these rights are often overlooked from an adult perspective. Since parents’ opinions are frequently prioritized, the extent to which the minor’s own opinions and wishes are reflected depends on the attitudes of prosecutors and judicial officials. To resolve this ethical dilemma, an approach that respects the rights of minors while considering their psychological maturity is necessary. Specifically, it is essential to provide appropriate support to minors while creating opportunities for them to express their opinions.
Industry Regulations and Social Responsibility
In the entertainment industry, cases where minors are victims are not uncommon. Particularly in the film and music industries, expressions involving minors are prevalent, and it is important to consider not only legal regulations but also ethical responsibilities. For instance, in the production of content aimed at minors, efforts across the industry are needed to ensure that their rights and psychological well-being are protected. Additionally, establishing standards to respect minors’ opinions is crucial. For example, conducting surveys or interviews with minors during the production process to reflect their opinions can lead to healthier content creation.
Specific Cases and Practical Advice
Let us consider a recent notable case where a minor became a victim. For instance, when a well-known actor was reported to have committed sexual harassment against a minor, the handling of the victim’s opinion became a focal point of discussion. In this case, the victim found it difficult to express their opinion due to psychological burdens, leading the parents to voice their opinions instead. In such cases, how the opinions of minors are treated significantly influences the judgments of prosecutors and other stakeholders. To appropriately evaluate minors’ opinions, the following practical approaches are required: 1. Providing Psychological Support: It is vital to offer support from specialized counselors or psychologists to enable minors to discuss the incident. 2. Setting Opportunities to Hear Opinions: Careful consideration is needed to ensure minors have opportunities to express their opinions, such as conducting interviews in private settings. 3. Collaborating with Parents: While parents’ opinions are important, it is essential to ensure that these do not overshadow the minor’s opinions, requiring careful consideration.
Conclusion and Practical Takeaways
When a minor becomes a victim, both the opinions of the victim themselves and those of the parents are important in the prosecutor’s decision to file charges. Legally, it is required to respect the opinions of minors, but psychological maturity and ethical considerations are also necessary. In the entertainment industry, it is crucial to implement measures to protect the rights of minors, and a shift in awareness across the industry is needed. Specific approaches include providing psychological support, creating opportunities to hear opinions, and collaborating with parents. Finally, sharing your opinions and experiences on this issue would help more people deepen their understanding. I hope we can think together about the rights and protection of minors.
