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The initial district ruling was among a string of “not-guilty” court verdicts in sexual assault cases across the nation that sparked Flower Demonstration, a series of nationwide rallies aimed at highlighting the issue and eradicating sex crimes. Prosecutors “conducted the interviews in an impartial way to allow her to describe (what happened to her) in her own words while ruling out facilitating questions,” it said. In contrast, what she said during taped interviews by prosecutors after the case came to light was “more credible than her court testimony,” the court added.
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The high court also took issue with the way judges at the district court questioned the girl in court, labeling it “inappropriate” as they “repeated questions that were difficult to understand.” It went on to say that details the victim gave of the way her father sexually penetrated her and other acts was highly credible even though she has a mild intellectual disability. “The district court’s recognition was irrational as its assessment of the evidence was mistaken,” the high court said. The district court ruled that the girl must have made a false complaint on grounds it was “unnatural and unreasonable” that nobody else in her seven-member family noticed what was going on despite the cramped living conditions in the home.īut the Tokyo High Court decided the lower court failed to fully consider the man’s efforts to cover his tracks and the girl’s isolation in the family. The main point of contention during hearings at both the lower and high courts was whether the girl spoke truthfully when she stated she had been sexually assaulted by her father for more than a year. The father was indicted on charges of raping his daughter in 2017.
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The Shizuoka District Court acquitted the defendant of the rape charges in March 2019, concluding the girl’s testimony was unreliable. It acknowledged that the girl's testimony was “substantially specific and realistic in a way that only a person who was victimized can give.”
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21 handed a seven-year prison term to a father who raped his biological daughter from the age of 12, overturning a lower court ruling that viewed her testimony as untrustworthy.