Question from the reader:
I have some questions regarding the matter between Watanabe Nagisa and Nakai Masahiro. 1. It seems that Watanabe Nagisa opted for a civil settlement rather than a criminal accusation. If she had signed a document stating that she would not file a criminal accusation, is it still possible for her to file one against Nakai Masahiro
now? 2. I understand that the crime of non-consensual sexual intercourse is not a crime that requires the victim’s complaint. However, in Nakai Masahiro’s case, it appears that Watanabe Nagisa did not file a report with the police. Can a regular person consult with the police, or can the police act on their own initiative? According to a certain lawyer’s perspective, if no report has been filed and a settlement has been reached, it is practically unlikely for the police to take action. However, there is a public outcry that Nakai Masahiro should be arrested because it is a non-complaint crime. I have also heard that a third-party committee has acknowledged sexual misconduct in their report. Why isn’t the police taking action? There are opinions suggesting that Nakai Masahiro should be questioned, but could you provide an objective legal perspective on this?
Considering the Matter between Watanabe Nagisa and Nakai Masahiro
Recently, the issue involving Watanabe Nagisa and Nakai Masahiro has become a hot topic. Given the high public interest, there are various opinions and views circulating, and to be honest, I sometimes find it challenging to determine how to think about it from a legal standpoint. This time, I would like to share some of my thoughts on the matter.
Options of Settlement and Criminal Accusation
First, regarding Watanabe Nagisa’s choice of a settlement. Even if she signed a document stating “I will not file a criminal accusation,” it is still possible for her to file one now. However, there is a risk that she could be asked to pay a penalty by the other party, so it is crucial to consider this carefully. A settlement often carries the impression of being “resolved,” making it more difficult to proceed with other legal actions later.
Non-Complaint Crimes and Police Action
Next, regarding non-complaint crimes. Indeed, this type of crime can initiate an investigation without the victim’s complaint. However, whether the police will act is another matter, and in cases where no report has been filed, it is unlikely that the police will take independent action. I understand the lawyer’s opinion. If a settlement has been reached, there is little reason for the police to intervene. Nevertheless, it is a fact that public sentiment is strong, especially when it involves a celebrity, which increases the level of scrutiny. The third-party committee’s classification of Nakai’s actions as “sexual violence” could also play a role. While this classification is based on the WHO’s definitions and has little direct legal relevance, it can create confusion among the general public.
The Limits of Law and Reality
When considering why the police are not taking action, it seems to stem from a lack of objective evidence. Reports indicate that the specifics of the actions in question have not been clarified, resulting in limited investigative leads. Nakai’s failure to waive confidentiality obligations may also impact legal judgments. From the amount of the settlement and subsequent developments, we can see how determined Watanabe is. The sum of 90 million yen is substantial, but how it influences the settlement’s establishment and what will happen next remains uncertain.
In Conclusion
Reflecting on this matter, I feel that the law can sometimes seem cold. It cannot measure the emotions and pain within a person’s heart. Considering the feelings of Watanabe, Nakai, and those around them, we must remember that there are complex circumstances that cannot be resolved by mere numbers or legal texts. I would love to hear your thoughts on these issues, so please share your comments. By sharing your views and experiences, we may gain a deeper understanding of the situation. I look forward to hearing from you!
