Introduction

In Japan, the issue of molestation isn't confined to physical contact; a worrying trend of 'touchless molestation' is gaining attention. A recent case in Kyoto highlights the unsettling reality of harassment that occurs without direct physical contact.

A Disturbing Case

In October, police apprehended a 48-year-old man who reportedly followed a high school girl onto a train, persistently sniffing her hair as he stood behind her. His actions continued despite initial warnings, leading to his arrest and a fine of 400,000 yen (approximately S$3,500) for 'molestation without touching.' Astonishingly, the man expressed to authorities, 'Smells excite me more,' revealing the disturbing motivations behind such behavior.

Legal Challenges

The case has shed light on the challenges police face in prosecuting incidents of touchless molestation, as Kyoto police acknowledged that specific legal provisions are lacking. Each case must be evaluated individually to determine if it qualifies as an indecent act. Inspector Ito Tsuyoshi noted, 'There are hurdles to prosecuting offenders' and emphasized that without evidence, it’s difficult for the police to take action.

Prevalence of the Issue

Survey results from Japanese market researcher CircleApp indicate that this is not an isolated incident; around 20% of female university students reported experiencing touchless molestation. Various behaviors categorized as such include blowing on a victim's neck, sniffing hair, intense staring, and sharing explicit images without consent.

Victim Experiences

An alarming case from the Kanto region illustrates much of the frustration victims face. A young female office worker endured months of harassment by a non-touching molester. When she reported her experiences to the police, her claims were dismissed due to the absence of physical contact. Letters from authorities suggested she might be overreacting, leaving her feeling isolated and confused. Ultimately, the psychological toll became severe, resulting in a panic disorder that required treatment.

Expert Opinions

Experts warn that the subtle nature of these offenses often leads victims to question their experiences, contributing to their silence. Legal practitioners suggest that if offenders are prosecuted under anti-nuisance laws, they could face penalties such as six-month jail terms or fines up to 500,000 yen. Furthermore, victims may need to adopt proactive measures by capturing evidence, like recording incidents with their smartphones, to aid in prosecution.

Need for Societal Change

Advocates stress the importance of societal awareness and change in perception. Lawyer Yukio Kikuchi stated, 'It’s difficult to say the police may take immediate action if you simply tell them ‘someone smelt me.’ But the first step is to make society aware that harassment, even without direct contact, is still molestation.'

Conclusion

As Japan grapples with the nuances of non-physical harassment, it becomes increasingly clear that society must align legal definitions with the realities of victim experiences. By recognizing and validating these incidents, we can start to dismantle the stigma and silence surrounding touchless molestation, and create a safer environment for everyone.