Question from a reader:
I am a 19-year-old male. I have a girlfriend, but her parents are very strict, and it’s causing problems. Despite being a university student, her curfew is 10 PM, and she can only use her phone until 9 PM. Furthermore, she is treated differently from her siblings and is not allowed to buy anything. She feels like
she has no rights, is not allowed to go outside, and sometimes talks about wanting to escape. However, she seems unable to act on it due to the fear that something might happen if she does. It seems she is being psychologically threatened and is being prevented from leaving. She has had her smartphone confiscated and her keys hidden; could this potentially fall under the crime of confinement? If it does not, what elements would need to be present for it to qualify as confinement, and what advice or measures can be taken?

Considering the Strictness of Her Parents and the Possibility of Confinement

In response to the reader’s question, we will tackle a very sensitive and difficult issue this time. A 19-year-old male university student is troubled by his girlfriend’s family environment. Specifically, her parents are strict, and she is being mentally pressured. How is this legally defined, and what can be done to help her? I would like to explore this while sharing my own thoughts.

Understanding Her Situation

First, let’s clarify her situation. A curfew of 10 PM and phone use limited to 9 PM is quite strict for a university student. Especially at this age, one is expected to have autonomy and make use of their free time. Additionally, if she is being treated differently from her siblings and is not allowed to go outside, it is highly likely to negatively affect her mental health. It is understandable that she feels like she wants to “escape.” A situation where one feels they have no rights creates mental pressure. Such an environment is extremely dangerous from a psychological perspective. Long-term oppression can lead to a decrease in self-esteem and even depression.

Definition and Requirements of Confinement

Now, let’s consider this situation from a legal perspective. The questioner is concerned about whether her situation qualifies as “confinement.” In Japanese criminal law, confinement is defined as “acts that restrict another person’s freedom.” Specifically, the following requirements must be met: 1. Acts that restrict freedom Confiscating her smartphone and hiding her keys are actions that restrict her freedom. In particular, limiting her ability to go outside would clearly be considered an act of depriving her of freedom. 2. Against the will of another If she feels she wants to “escape,” but her parents are restricting her against her will, this requirement is also met. 3. Duration For an act to be treated as confinement, it must involve a continuous restriction of freedom rather than a one-time act. If she has been in such a situation for a long period, this requirement would likely be sufficiently met. Considering the above requirements, it can be said that her situation has the potential to qualify as confinement. However, legal judgments are not straightforward, so specialized advice tailored to the actual situation is necessary.

Measures and Advice

Now, let’s think about specific measures to help her. First, it’s important to listen carefully to what kind of support she is seeking. If she needs emotional support, I would recommend that she consider counseling. Talking to a professional might help her gain an objective understanding of her situation. Next, directly communicating with her parents could be an option. However, this is a very delicate issue that requires careful action. In some cases, it may be necessary to consider legal measures against her parents. In such cases, consulting a local legal advice center or a lawyer would be advisable. Additionally, if she is considering physically escaping, it is crucial to secure a safe place first. Utilizing a friend’s house or, if necessary, support organizations such as shelters could be considered. Safety is paramount, and it is important to act calmly and not push too hard.

In Conclusion

In response to the question about her situation, I have explored it from various legal perspectives. It is a very complex and delicate issue, but I feel it is important for her to have her own will and take action. Growing up under strict parents can indeed place a burden on the heart. However, we must not forget that she has the right to decide her own life. I hope that through the support you can provide, she can find the courage to take a step forward.