Question from a reader:
I saw the news that a current police officer from Kanagawa Prefectural Police was arrested, and I had a similar experience. I would like to hear everyone’s opinion on whether I should file a damage report. A year ago, two visitors came to my home. My brother lives in a different house, and I was at work
at the time, but my grandmother was at home. The visitors were my brother’s creditors, a man and a woman. The man is a former head of the criminal department and is currently a caregiver. They suddenly barged into my home and told my grandmother to call me out. The man called the company phone number he got from my grandmother and threatened me to pay up. I hurriedly left work early, and when I returned home, the man and woman were occupying the living room. The female creditor said, “The money I lent your brother hasn’t been paid back; if you’re family, you should pay,” while the man repeatedly boasted, “I am a former head of the criminal department.” Since no one but my brother was aware of this situation, I contacted him. He said, “I had originally informed the creditors of my family’s address. We were discussing it, but I had asked them not to come to our home, and suddenly they said they were coming today.” I believe this situation falls under coercion and home invasion, but what do you all think?

Unexpected Visitors—Considering Coercion and Home Invasion

Recently, I saw the news that a current police officer from Kanagawa Prefectural Police was arrested. Amidst this, a question from a reader came in. The content describes an unexpected visitor coming to their home, feeling coerced and invaded. In this blog, I would like to consider this situation from a specific legal perspective.

Clarifying the Situation

First, let’s clarify the questioner’s situation. The brother’s creditor suddenly barged into their home and threatened the grandmother to pay money. This is an extremely stressful situation. With only the grandmother at home, the visitors’ actions are a form of coercion, and especially the man’s attitude of boasting “I am a former head of the criminal department” feels like pressure using authority. What legal issues arise in this case? First, let’s look closely at the aspects of coercion and home invasion.

About Coercion

Coercion refers to making unjust demands on others. Specifically, it is the act of threatening someone to make them act against their will. In the questioner’s case, the phrase “if you’re family, you should pay” clearly applies economic pressure. This likely falls under coercion. Legally, if there are threatening behaviors towards the other party, it constitutes coercion. The statement “pay up” and invoking the title of former head of the criminal department exert psychological pressure on the questioner and their family. These actions could be considered coercive.

About Home Invasion

Next, let’s consider home invasion. Home invasion refers to the act of entering someone else’s residence without permission. The man and woman who visited the questioner’s home are creditors of the brother and did not have permission to visit. This clearly constitutes unauthorized entry. Legally, the crime of home invasion is defined as “anyone who enters another’s residence without permission shall be punished by imprisonment for up to three years or a fine of up to 100,000 yen.” Therefore, if the questioner reported this to the police, there is a possibility of legal sanctions for home invasion.

Should a Damage Report Be Filed?

Now, let’s touch on whether the questioner should file a damage report. This is a very important decision. First, I recommend consulting the police. They will understand the situation and provide appropriate advice. Filing a damage report can initiate legal proceedings. Furthermore, if there have been others who have experienced similar damages in the past, collective lawsuits or other legal measures can also be considered. However, filing a damage report can also involve mental burdens and take time. It is crucial to prioritize the safety of oneself and their family and make a well-considered decision.

Points to Note and Future Measures

In such situations, it is also important to consider future measures. For example, when someone in the family is home alone, it is essential to discuss in advance how to deal with unexpected visitors. Additionally, consulting the police can enable a quick response if a similar situation occurs. Furthermore, if visitors make any demands, it is important to respond calmly. Clearly communicate, “Please leave,” and take action after assessing the situation. Becoming emotional can exacerbate the situation.

Conclusion

This time, I reflected on coercion and home invasion based on the questioner’s case. If visitors suddenly barge into your home, it is essential to respond calmly and consult the police if necessary. From a legal perspective, taking appropriate steps to protect oneself and their family is crucial. While it may not be common to face such situations, it is important to be prepared just in case. Understanding the law and taking appropriate actions to protect oneself is essential. Finally, do not forget about mental support. If you need help dealing with the situation, do not hesitate to consult a professional.