Question from a reader:
I was a victim of voyeurism at my workplace. Would notifying the school I graduated from to prevent secondary damage constitute defamation? I haven’t reached a settlement yet. I want to notify them to prevent the perpetrator from attending an internship, but their lawyer said it could likely fall under defamation. What should I do?

Considering Workplace
Voyeurism Victimization

Recently, I received a consultation regarding someone who was a victim of voyeurism at their workplace. This is a truly serious issue, and healing the emotional wounds of the victim is not easy. Particularly, many struggle with how to cope after the incident. This time, as part of that discussion, I want to consider whether notifying the school they graduated from would constitute defamation, as well as the legal aspects involved.

The Impact of Voyeurism

First, it is essential to understand how serious the act of voyeurism is. Voyeurism is an invasion of privacy and can lead to mental shock for the victim, and in some cases, a loss of social credibility. In fact, a friend of mine also experienced voyeurism at work, and it had a significant impact on his subsequent life. In his case, the trust he had at work was shattered, and he became overly concerned about how others viewed him. It is understandable that he thought, “I need to somehow punish the perpetrator.” However, it is crucial to calmly consider whether retaliatory actions against the perpetrator could be considered defamation.

What is Defamation?

Let me briefly explain defamation. Defamation refers to actions that harm another person’s reputation, specifically involving the publication of false facts or inappropriate content, even if the facts are true. In Japanese law, defamation is defined in Article 230 of the Penal Code, and in some cases, one can be prosecuted for it. Now, in your case, would notifying your graduated school constitute defamation? The key point here is whether the content of the notification is based on “facts.” If there is indeed a fact of voyeurism, it cannot be definitively stated that notifying the school would fall under “defamation.”

Whether the Notification Constitutes Defamation

You mentioned that the perpetrator’s lawyer said there is a high possibility it could constitute defamation, but this may be more of a risk-averse opinion rather than a legal perspective. Indeed, depending on how the notification is made and its content, it could potentially fall under defamation. For example, if you distort the facts or only state that “I was filmed without consent” without providing details, it might be considered defamation. On the other hand, if you have concrete evidence, such as having consulted the police or having documents like medical records, the notification is more likely to be protected legally as “disclosure of facts.” What is crucial here is “how” you make the notification. For instance, using formal documentation and providing fact-based content would likely reduce the chances of it being considered defamation.

Considering the Psychological Aspects

As we delve deeper into this issue, it is also necessary to consider the psychological impact. It is easy to imagine the fear and anxiety that someone who has been a victim of voyeurism experiences. In my studies of psychology, I have seen many cases regarding the effects of such trauma. Victims often live in fear of the perpetrator’s actions and worry about further victimization. In such circumstances, it is natural to feel the desire to improve one’s situation by notifying the school they graduated from. However, this could also potentially worsen the situation, so careful judgment is required.

Measures and Future Actions

So, what specific actions should you take? First, it is important to consult with a lawyer and organize your situation and evidence. While understanding the legal risks, you need to consider what actions would be most beneficial for you. Additionally, this is my personal opinion, but there is value in victims speaking out. If society as a whole can recognize this issue, it could help prevent similar victimization. However, it is also crucial to remember that the method must be legally permissible.

Simulation and Reactions

Imagine this: if you notify your graduated school and the perpetrator learns about it, what kind of reaction might they have? They may likely retaliate through their lawyer. This could lead to you getting involved in more trouble than you anticipated. Considering such risks, it is important to simulate the timing and content of the notification, as well as the potential reactions from the perpetrator. I recommend acting only after thoroughly contemplating the potential impacts of your actions.

Conclusion and Future Outlook

Victimization from voyeurism is a very serious issue, and subsequent responses must be handled with care. Whether notifying your graduated school constitutes defamation depends on the specific circumstances, but it is crucial to gather solid evidence and act appropriately. Do not forget the importance of caring for the victim’s mental health, and consider seeking help from professionals if necessary. Psychological support is just as important as addressing legal issues. I hope that by doing so, you can regain your peace of mind as quickly as possible.