Report on Publicly Invited Research

（Publicly Invited Research 2003-2004）
Violence Against Women Hidden in Intimate Relationships
－ Issues in Japan brought into perspective through comparison of policies with Korea －
Research Representative: Hideki Watanabe(Professor, Keio University Faculty of Letters)
Co-researchers:
Hyun Cheol Kim (Associate Research Fellow,Korea Institute for Youth Development)
Shigeki Matsuda (Senior Research Associate, Research and Development Center, Life Design Research Unit, Dai-ichi Life Research Institute Inc.)
Hiromi Mizuno (Part-time Lecturer, Nihonbashi Gakkan University Faculty of Human Cultural Sciences & Business Administrations)
Research Collaborators:
Takamichi Onuki (Part-time Lecturer, Toyo University Faculty of Sociology)
Ji Hey Bae (Sociology Major, Doctoral Program, Keio University Graduate School of Human Relations)
Shinichi Nagano (Sociology Major, Doctoral Program, Keio University Graduate School of Human Relations)
Aya Yokoi (Sociology Major, Doctoral Program, Keio University Graduate School of Human Relations)
Takako Yamashita (Political Science Major, Doctoral Program, Keio University Graduate School of Law)

I. Basic Focus of This Study

1. Significance and Aim of this Study (Hideki Watanabe)
The necessity of preventing violence against women, regardless of whether it occurs in public or in private, and protecting its victims is becoming commonly acknowledged internationally. The hidden nature of domestic violence (DV), which occurs in the private sphere, is a particular problem. The aim of this study is to discuss the issue of Japan’s policies regarding DV through a comparison with Korean society.

In 1999, Korea was recognized as a “model country for women’s development in Asia” by the United Nations Commission on the Status of Women. The country’s approach towards “violence against women” has been pioneering, and following on from 1994’s “Punishment of Sexual Violence and Protection of Victims Act,” the “Special Act for the Punishment of Domestic Violence” and the “Prevention of Domestic Violence and Protection of Victims Act” were enacted in 1997 under the Beijing Platform for Action. In the meantime, Japan also implemented the “Law for the Prevention of Spousal Violence and Protection of Victims” in 2001, a revision of which became effective in 2004.

However, in both countries, DV victims and other involved parties have voiced dissatisfaction with flaws, administrative issues and other problems with the policies. Furthermore, the emergence of new problems as a result of the introduction of these policies is also conceivable.

This study, therefore, conducts interviews with involved parties, both Japanese and Korean, and discusses policy documents. In addition, through comparing the Fukushima and Tokyo regions, this study endeavors to understand Japanese family life and societal norms from all viewpoints.

2. The Viewpoint of Domestic Violence and Gender
(Takako Yamashita, Shinichi Nagano, Takamichi Onuki)
Firstly, in deciding the theoretical focus of this study, previous studies were discussed. In particular, in view of the fact that the issue for discussion was “Violence Against Women Hidden in Intimate Relationships,” this study endeavors to structure itself from the viewpoint of gender, with the central points being that 1) the people affected are “women” and 2) that the violence occurs in “intimate” relationships.

By making an issue of domination and violence within the private sphere of “family,” the significance of the feminist theory can be realized. The time taken for violence by a spouse to be recognized officially as “violence” can also be attributed to the fact that the eyes of the law do not extend into the private realm. However, this does not mean that existing public authority should be arbitrarily extended.

DV must be prevented because it violates the “freedom” of the victim. “Freedom” must be respected and protected equally in society. In order for this to occur, it is necessary to change the structure of society as a whole. By neglecting this and simply extending existing public authority, the guarantee of “freedom” becomes a mere facade, and the loss of private intimacy in relationships is possible. Furthermore, policies aimed at people classed as being in the “minority” are also an important issue for the social system as a whole. Fundamental change will be brought about not by preserving or strengthening other discrimination but by eliminating it.

II. Questionnaire Survey(Shigeki Matsuda, Ji Hey Bae, Aya Yokoi, Hiromi Mizuno, Hyon Chol Kim)

In the course of this study, a questionnaire survey was conducted in order to understand the extent of the real damage inflicted and experienced as a result of violence by a spouse or partner, commonly occurring causes of damage inflicted and suffered as a result of violence, and how to deal with victims. The samples were 2,500 randomly selected males and females aged between 25 and 55 years old living in Meguro-ku, Tokyo and Fukushima City, Fukushima Prefecture. The number of respondents in each region was determined in proportion to the population of the region. The two regions were surveyed to illustrate the difference between the reality of family life and exposure to violence in the Tokyo metropolitan area and a regional city. The survey was carried out by postal distribution and collection, and effective responses were received from 500 individuals (effective collection rate 20%).

Key results derived from the survey are as follows. Firstly, it can be stated that there are a wide range of DV victims, including both men and women. The percentage of respondents who indicated that they had been on the receiving end of some form of DV from their spouse or partner in the last year was, in the case of females, 43.8% for psychological DV, 11.2% for physical DV, and 7.6% for sexual DV. The breakdown of these figures indicates that although there were many instances that were relatively minor, there were numerous instances of serious violence. Furthermore, with regard to psychological and physical DV, there was a comparable number of male victims. The fact that DV-like behavior between spouses and partners is widespread draws attention. This reflects the tendency that people are seeking to solve conflicts between spouses and partners through violence.

The second insight is the problem of concealment of harm caused by DV. Although the harm caused by DV is widespread, only 10% of female DV victims consult another person. 10% indicated that “I wanted to consult someone but couldn’t,” with the remaining respondents indicating that “I didn’t think of consulting anyone.” Harm caused by DV is first revealed to society when victims consult or seek help from the Spousal Violence Counseling and Support Center, the police, lawyers and other specialist organizations. The aspects of DV revealed to society are just the tip of the iceberg. Furthermore, female victims most often turn to family or friends for consultation. Despite the fact that victims of serious DV were among the respondents, not one listed the Spousal Violence Counseling and Support Center or other specialist organizations as places where they had sought counseling. In other words, the number of female DV victims who consult with specialist organizations is so minute that it does not appear in figures.

The same can be said for damage to male DV victims. In the case of psychological and physical DV, the number of male and female victims is similar. In comparison to DV damage experienced by females, although there were many instances of DV towards males that were relatively minor, there were also instances of serious violence. In addition, the number of males who are solely victims of DV is similar to the number of males who are solely perpetrators. The image that perpetrators of DV are men and victims are women does not reflect the entire problem of DV in society. Furthermore, it can be noted that all of the males who had experienced DV did not consult anyone about it. From these results, it can be suggested that a gender-based double standard exists for DV. Among males there are both DV perpetrators and victims and a variety of situations, but it is a concern that if society does not acknowledge the existence of male victims as a problem, the standard that “men must be strong” will become more ingrained, and further encourage violence by men towards women.

This study presents the “bamboo shoot theory,” which likens this situation to a bamboo shoot. Those DV victims who consult specialist organizations and shed light on their problems are like the part of the bamboo shoot that is above ground, nothing more than a small part of the total picture. The majority of DV victims are hidden in the ground, and their existence is not visible to other people. In view of this, we cannot see the overall problem merely by considering the visible layer of DV victims - the ones whose situations are known to specialist organizations such as the Spousal Violence Counseling and Support Center. The visible and hidden layers of DV damage are illustrated in Diagram 1.



Thirdly, the following factors emerged as specific causes of DV. Firstly, traditional attitude of the gender division of labor is related to the occurrence of DV. In the case of males, those who have a strong awareness of this attitude have a high likelihood of perpetrating physical DV. In addition, where there is considerable strain in family life, the occurrence of psychological DV perpetrated by males and psychological and physical DV committed by females will increase. In other words, if strain in a family is considerable, and the nature of the relationship means issues cannot be discussed calmly, the probability of DV occurring is high.

Fourthly, regarding the handling of damage arising from DV, the following factors were discovered. As explained above, only a handful of the female victims of DV seek consultation at a Spousal Violence Counseling and Support Center or other specialist organizations, with the majority consulting family or friends. Keeping this in mind, it can be supposed that the DV victim’s route of consultation proceeds in two steps, as is shown in Diagram 2. The majority of DV victims initially approach the people closest to them such as family and friends. When going to consult with a specialist organization, the victim takes one of two routes, either going upon consultation with their family or friends, or going directly. However, based on the research findings, the societal trend appears to be of DV victims seeking support from family and friends prior to consultation with specialist organizations. From this perspective, it can first be presumed that victims seek an environment and atmosphere in which it is easy to consult with a person close to them. At the step where the DV victim first consults family and friends, it is necessary for the family or friends to have an attitude of intolerance towards DV and knowledge of laws concerning DV in order for them to provide appropriate knowledge and advice to the victim. Therefore, in order to help the hidden layer of DV victims, the enhancement of the functions of specialist services such as the Spousal Violence Counseling and Support Center is important, but in addition to this, it is also vital to educate the general public about DV as there is a high possibility that they will be the first people DV victims consult. The number of female respondents who replied “I wanted to consult someone but couldn’t” was higher in Fukushima than in Tokyo. From this result, it can be implied that the creation of a social environment where consultation about DV is possible is more important in Fukushima than in Tokyo.

III. DV Policies in Japanese and Korean Society

1.　Systems Related to and Awareness of Domestic Violence in Japan and Korea(Aya Yokoi)
This section is an overview of the legislative process with regard to DV-related laws in Japan and Korea and the contents of these laws. Firstly, the standpoint on DV is generally divided into two - the approach centered on women who have been influenced by feminism and the family centered approach which assumes that domestic violence arises from dysfunction of the family. The concepts of “strategic gender needs” and “practical gender needs” have been adopted in order to organize the policies’ points of contention. The former alters the present division of roles between male and female, overturning the position of subservience that females have languished in, whereas the latter results in the problem of inequality but does not try to change structures such as the division of labor by gender roles or the women’s position of subservience.

Next, with respect to the debates at the United Nations which had a marked effect on the enactment of DV policies in both Japan and Korea, we followed their transition and understood the process by which the debates at the United Nations shifted to a female-centered approach. In addition, we examined DV-related laws in Japan and Korea and followed their enactment processes. Furthermore, in order to discuss the management process, efforts to assist victims since the enactment of DV-related laws were considered, and the handling of DV in Japan and Korea were examined and compared. With regard to the laws introduced in Japan and Korea, neither meet “strategic gender needs,” and since their introduction, female victims continue to find independence difficult; however Korea, in particular, has strengthened the societal norms emphasizing family through their system.

2.　Korean Society and DV Policies (Shinichi Nagano, Ji Hey Bae)
In Korea, the high economic growth experienced since the 1960s under developmental dictatorship required the public spheres of politics and economics to be constituted primarily of men, and excluded females to the private sphere. Modern family ideology arising from the teachings of Confucianism and industrialization, and provisions that gave rise to gender inequality in old family laws facilitated the exclusion of females from the public sphere and the subjugation of women to men in the private sphere. It is conceivable that this framework permitted DV to occur and created the tendency to conceal it. However, since the end of the 1980s, various factors, including a significant role played by women’s movements have resulted in DV being recognized as a social problem. As a result, the “Special Act for the Punishment of Domestic Violence” and the “Prevention of Domestic Violence and Protection of Victims Act,” two DV-related laws which lay the foundations for criminal measures taken against perpetrators and welfare measures for victims, were enacted.

The criminal measures are characterized by a two-tiered system made up of criminal punishment and educative measures. The latter refers to the correction of minor DV offenders, the aim of which is family order and protection of the rights of the victim and family members. With regard to the system’s implementation, there are several criticisms, such as the extensive use of educative measures due to the paternalistic family view and gender beliefs of the judiciary, resulting in the two-tiered system not being implemented appropriately, the lack of correctional effects from educative measures, the assurance of the safety of the victim being dependent on the verdict of the judge and the shortage of judicial staff. In particular, it emerged from the interview survey that the protection of the victim’s rights might be obstructed by family-based ideas that have infiltrated the minds of professionals with close links to politicians and management of the system.
Welfare measures involve cooperation between such parties as telephone counseling (called Female 1366), counseling centers, shelters, medical institutions, the police, prosecutors and lawyers. However, the weakness of this cooperation is being called to attention. The causes of this include the lack of recognition by medical institutions and the police and the chronic shortage of funds at all institutions.

In Korean society at present, social forces that advocate the system of patriarchy and social forces that call for rectification of the gender imbalance are in opposition.

3.　Japanese Society and DV Policies (Takamichi Onuki, Shinichi Nagano)
In order for this study to consider the issue of measures taken against DV in Japan, an interview survey was conducted with victims and people working in supporting roles.

The enactment of anti-DV laws can be evaluated initially in terms of the “symbolism” of DV being recognized as a social problem. However, at the same time, several problem areas have also emerged. Numerous complaints have been expressed about protection orders, including that they are “difficult to use,” the period of the orders are too short and their application is too restricted. Staff of counselling and support centers also point at problems with security at facilities that among other things, allows easy intrusion by male perpetrators, and a lack of shelters. In addition, victim support workers reported secondary victimization showing that a change in the mentality of parties concerned and the spread of information is essential. In order for this to occur, improvement of the infrastructure is vital, but this converges on the problem of budget. For example, it would be necessary to allot a budget for expenses such as wages for counsellors at counselling and support centers, legal aid for victims, and consignment expenses for private shelters.

Of course taking measures against DV is not a problem that can be solved only through DV prevention laws. Women who divorce their partners as a result of DV have difficulties living apart from their families and those classed as being in the minorities find it difficult to access social resources. For example, due to the fact that the perception of DV presupposes “violence by a spouse,” it is difficult to make an issue of violence by same-sex partners. Furthermore, foreigners who receive residency permits under the status of “spouse of a Japanese national” are at high risk of losing their residence status if they divorce. Because Japanese DV policies determine the extent of protection based on the marital relationship of a heterosexual couple, numerous problems are arising.

IV.Conclusion

Upon consideration of the problems related to DV measures, it has become apparent that the problem was not only that of violence within the specific realm of “family” but also the way society is as a whole. In addition, it is clear that those classed as being in the “minority” found it difficult to receive social assistance with respect to DV measures.

It is presumable that the fundamental direction of issues regarding DV policies in the future will be 1) the gender perspective, 2) the reformation of the social structure as a whole, 3) the enhancement of a range of systematic measures rather than the inappropriate toughening of penalties, 4) consideration of minorities and 5) adequate budget and appropriate distribution of budget.

Acknowledgment
This study was conducted with the assistance of a great number of people. We express our appreciation to the people who agreed to participate in our interviews and surveys. We also thank everyone who supported us during the course of this study.