Abstract
This paper aims to clarify conflicting accounts of the fundamental elements of rape law and its interpretation in Japan. The central question is how judges in Japan understand rape and sexual violation more generally. The paper is part of a larger project that explores the process of judicial decision making in Japan and, in particular, the social context shaping those decisions. I use a qualitative analysis of 41 cases involving sexual assaults to examine the ways in which judges construct gender, sexuality and sex. My analysis draws on the legal storytelling approach to highlight a pattern in judicial decision making that results in the exclusion or disqualification of narratives of rape, and thus women's and men's experiences, that do not conform to pervasive rape stereotypes.
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