Question from Readers:
I have a question regarding the matter involving Watanabe Nagisa and Nakai Masahiro. 1. It seems that Watanabe Nagisa chose a civil settlement instead of a criminal complaint, but if she had signed a clause in the settlement agreement stating that she would not file a criminal complaint, can she still file a criminal complaint against Nakai
Masahiro now? 2. I’ve heard that the crime of non-consensual intercourse is a non-complaint-based offense, meaning it can be prosecuted without a formal complaint. However, it appears that Watanabe Nagisa has not filed a report with the police. Is it possible for ordinary citizens to consult with the police, or for the police to act spontaneously? One lawyer’s opinion suggests that if no report has been filed and a settlement has been reached, it’s rare for the police to take action. There may be a possibility if other incidents are involved, but generally, it’s said to be unlikely. However, there is much discussion in society about the possibility of Nakai Masahiro being arrested because it is a non-complaint-based offense. There are also reports indicating that a third-party committee acknowledged the sexual misconduct. Why isn’t the police taking action? I believe Nakai Masahiro should be questioned. Could you provide an objective legal opinion?
Thoughts on the Matter Involving Watanabe Nagisa and Nakai Masahiro
Recently, the topic of Watanabe Nagisa and Nakai Masahiro has been widely discussed. There are various questions and opinions circulating about this matter, and it has made me reflect a bit as well.
Options of Settlement and Criminal Complaint
First, regarding Watanabe’s choice of a civil settlement, if the settlement agreement included a clause stating “I will not file a criminal complaint,” is it still possible to file a criminal complaint against Nakai now? Legally, it may be possible, but there seems to be a risk of being sought for damages by the other party. This situation could become complicated very quickly. I’ve had minor disputes with friends and found myself thinking that once a settlement is reached, I’d prefer not to be involved anymore. At those times, I felt conflicted and found it difficult to take any action considering my friend’s feelings.
Police Actions and Non-Complaint-Based Offenses
Next, regarding the fact that non-consensual intercourse is a non-complaint-based offense. It is true that if no report has been filed, the police action is often minimal. While we ordinary citizens can consult the police, it seems quite challenging for them to act spontaneously. Observing this situation can be quite frustrating. Especially with rumors circulating that “Nakai might get arrested,” it raises the question of what the reality is. I used to think that in case of any issues, I should first consult the police, but often, that alone doesn’t lead to resolution.
Role of Third-Party Committees and Misunderstandings
The third-party committee has reportedly identified Nakai’s actions as “sexual violence,” based on standards set by the WHO. I find it very interesting how this connects to Japanese law at the time. However, when the general public hears this information, misunderstandings can arise if they do not understand the realities of the law. Recently, I watched a legal documentary with friends, and I realized how complex the law is. The nuances in the text and interpretations can lead to drastically different outcomes, which often confuses me. Yet, discussing things like “What do you think will happen in this case?” with friends can be enjoyable.
In Conclusion
Honestly, I still feel that I have much to learn about this matter. However, I believe that contemplating such issues is essential. What do you all think? If you have any insights or experiences related to such incidents, please share them in the comments. I would love to think through this together.
