rape accusation - lawyer?

[bxun999]

hello -

a friend of mine here is undergoing every Gaijin's nightmare - a false rape accusation. Sparing the details, does anyone know a bilingual lawyer with experience in this, or similar horror stories?

[kurohinge1]

What about contacting his nearest embassy/consulate for whatever country he's from.

I would've thought that they should be able to recommend a local bilingual lawyer/bengoshi.

[Taro Toporific]

[Steve Bildermann]

Getting good counsel will depend on many factors. Calling your embassy/consul will only get you a pre-printed list of 'so called' bi-lingual lawyers. You can get that from the website of either the US or UK Embassy.

Doing a few correct things first before running off to a lawyer will pay off later. If your friend wants to write to me directly I can probably answer his questions after gathering the facts.

An accusation of rape can bring an arrest if your friend does not have 'roots' in Japan.

[AssKissinger]

An accusation of rape can bring an arrest if your friend does not have 'roots' in Japan.

Once arrested, guilty or not your friend is fucked and will almost certainly be convicted without a fair trial. Unless he really has strong reasons to stay my advice is to just pack-up and roll out.

[maraboutslim]

[AssKissinger]

[maraboutslim]

I'm surprised there hasn't been more "high level" talk about this between the uk and Japan. Is his local MP not up for lending a hand? Has the British press publicized this much? I'm in California and today is the first I've heard of this (and i check google news several times an hour).

If all else fails, I can think of no country easier than Japan in which to simply "kidnap" Baker at one of his court proceedings and set him free. He could be on a boat within the hour and on his way to the UK. It would cost, but the right people exist. I expect you all to do this for me, shall I ever find myself in captivity.

[Taro Toporific]

[Steve Bildermann]

[maraboutslim]

That information should be handed out in bold print to every gaijin getting off the boat! Thanks Steve.

[AssKissinger]

OK I've been arrested several times

What for?

[cstaylor]

OK I've been arrested several times

What for?

Murdering insolent gaijin.

[Taro Toporific]

[bxun999]

[Taro Toporific]

my understanding is that you have no right to your own interpreter, just the police interpreter (who is himself a policeman really, not a third party). is this not the case? how come you can't bring a lawyer then?

In Japan, you've got no "rights" per se
However, if you're real polite and nicey-nice you can refuse to talk without your own interpreter. This trick works better outside Tokyo police interpreters are few.

The way Nick Baker claims he got screwed was he refused to talk, they threw him jail for 7 months of torture. AND THEN his police interpreter made him sign a "confession" all in Japanese.
Lesson: Never sign anything in Japanese and never believe a police interpreter.

Oh and, yeah, in jail the cops will steal your notes. But writing them all out beforehand and memorizing them is what Steve's talking about..

So many times, I heard the same sad story from a detainee: "I talked to some skinny cop and he said I would be charged/free/castrated in a hour."

[Steve Bildermann]

[cstaylor]

This should really be a sticky.

[bxun999]

You are not allowed legal counsel at any stage (although you may have legal representation)

what is the difference between legal counsel and legal representation?

if you appoint a lawyer before you are arrested, i understand you have a one hour visiting time window to talk to them, whereas other people it is only 10mins max (if at all?) - during the 23 days before the prosecutor has to decide to indict or not.

also the lawyer has to show a "ben-sen" - ie you have signed on with them - to get access to talk to the prosecutor.

also i heard all lawyer conversations after arrest have to be in japanese.

some other difference between here and the US:

in the US it is better to say nothing, and wait for your lawyer. but over here, you dont have that right, and if you dont say anything, they only have the other sides kokusou (accusation) to go on, and the prosecutor may indict based on this.

defence has no right to know exactly what accused of. but the other side ("accuser") will be informed of everything defence says.

i heard a prosectuors will be forced to resign if they ever lose a court case. otoh if they dont investigate properly, they can also be brought up before a council.

-bx

[Steve Bildermann]

I'm sorry to say but most of what you have written is either inaccurate, incorrect or out of date.

You are mixing up several different points. For example the 23 days period - That concerns how long the police can hold you before getting an extension from a judge. It has nothing to do with the prosecutors.

Prosecutors can take as long as they like to investigate before charging you. Remember Muneo Suzuki sat in jail for about a year and half while prosecutors 'investigated' and he is *still* being investigated. No charges have been filed yet.

A good first step is to go to your local Shiyakusho and ask about their free legal advice setup. You will get up to date and accurate advice from an experienced Japanese lawyer.

[Steve Bildermann]

OK I've been arrested several times

What for?

[Instant Ramen]

If your friend does not fit the profile below in some way or other, then I think his best move would be to pack and leave...
- Properly fluent in Japanese
- A connection with Japan; ie graduated from Japanese university, or worked for a Japanese government agency
- Works in a senior position for a high-powered foreign multinational
- Has mates who are senior in the yakuza
- Has mates who are politicians

Otherwise, for such a serious charge, he's truly going to be walking a mindfield that is stacked against his interests. Although referred to as a modern democracy, at the ground level their is no rule of law in Japan. The police do whatever they want in order to get a confession and get such a 'troublesome' case off their books. This means no due process and no legitimacy. Their is a presumption of guilt.

Take my example. At the time I got entangled with the law I had been living in Japan for over 8 years incident-free, I'm fluent in Japanese, have a masters from a Japanese university, had worked for the Japanese government, and at the time was employed with a big blue company (and was mates with the head of Yamaguchi-gumi Tohoku). My crime - to fend off an unprovoked attack from a drunken builder who decided to attack me in broad daylight because I answered my phone while riding the train. I was taken to the police station, verballed, and then because this guy feigned a 'hurt thumb' sent a bill for 800,000 Yen.

At the time I was thought to myself... 'What if I had actually done something wrong... I'd be FUCKED!!!' Turned out that the chief detective's brother was a professor at my Japanese alma mater, and so we got on all chummy-chummy, and they ended up coming around to my point of view.

I can't imagine what your mate is going through right now, though again, the police will be relentless with this and unfortunately flight from the country is probably his best course of action. Though not to be totally irresponsible, tell him to engage a solicitor, and ask him to fight all charges. I think most lawyers work on a sliding scale (as opposed to billable hours) based on the gravity of the crime. Something like a retainer. And then you pay the remaining equivalent fee at conclusion. This might set your mate back an initial investment of 150,000 - 300,000 Yen or more. This does not include translator fees, which could be as much as 80,000 Yen per 2 hours or thereabouts.

Good luck... Narita departure lounge being your mate's safest haven.

[bxun999]

Good luck... Narita departure lounge being your mate's safest haven.

interesting. so basically if he is going through the "voluntary questioning" phase he is free to leave the country. this would of course look bad, but so what? would the police close the case or leave it open forever?

i guess Japan has extradition treaties with the US but not the EU, but wonder how far these are taken. also, bounty hunters are an issue? only if bail is involved i guess. or if the family really want to take it up - but that would be kidnapping unless there was an actual arrest warrant/guilty verdict.

what would his options then be vis ever visiting jpn again? if he was found guilty in absentia, is his passport # is posted at immigration?

[Instant Ramen]

If your mate is still at the 'voluntary' anything stage, then yeah, sure he can bail. The cops in Japan, like anywhere, are pretty slack bastards when it comes to this kind of 'mendokusai' gaijin case. This should buy your mate enough time to get a ticket and get out of Nippon.

Normally I wouldn't suggest such an approach, but the whole system in Japan is so perversely stacked against non-Japanese, that I think what the fcuk! If your mate did sexually assault some woman then he pretty much deserves what's coming. However, if he's innocent then this is hardly much of a defence when in Japan and not pure-bred Japanese.

Would the case stay open? Would the police bother to communicate with the immigration officials? Would a foreign authority repatriate someone for such an offence? The answer to most of these questions is most likely not... but I wouldn't come back to Japan in a hurry if I were your mate.

Sore de wa...

[veracotti]

I'm sorry to say but most of what you have written is either inaccurate, incorrect or out of date.

You are mixing up several different points. For example the 23 days period - That concerns how long the police can hold you before getting an extension from a judge. It has nothing to do with the prosecutors.

Prosecutors can take as long as they like to investigate before charging you.

This is incorrect. Arrest & Detention periods under current Japanese law:

After arrest the police may detain you for a maximum of 48-hours. During that time they may release you, but after 48-hours they must turn you over to the public prosecutor or release you. If they elect to turn you over to the prosecutor, he then has a further 24-hours to conduct his own investigation. He may release you during this time, but at the end of the 24-hour period he must present you before a judge and ask permission to detain you for up to a further 10-day period. At the end of this 10-day period he may then bring you again before a judge to ask for a further 10-day extention. At the end of this period he must either indict you or release you.

[Steve Bildermann]

I disagree but without getting into a more confusing discussion I have suggested a visit to the 'Horitsu Sodan' session held at most Shiyakusho will get up to date and accurate information.

[bxun999]

[Taro Toporific]

...bengoshi kaikan has foreigner soudan on saturdays where these issues can be clarified.

SO?
Has anything actually happened yet?
<Or> Is the person in question oddly waiting for the Sword of Damocles to drop?

[bxun999]

SO?
Has anything actually happened yet?
<Or> Is the person in question oddly waiting for the Sword of Damocles to drop?

I think he wants to fight it and clear his name, impossible as that may sound in japan. He's been in japan a while, so just uprooting over a false stupid charge is a tough call.

[Taro Toporific]

SO?
Has anything actually happened yet?
<Or> Is the person in question oddly waiting for the Sword of Damocles to drop?

I think he wants to fight it and clear his name, impossible as that may sound in japan. He's been in japan a while, so just uprooting over a false stupid charge is a tough call.

Good luck.
Even this Major with ZILLIONS of bucks spent on his defence got nailed with a suspended sentence.

US Marine in Okinawa given suspended sentence for molestation
Japan Today, July 8...
The prosecutors had sought a three-year prison term for Maj Michael Brown, 41, on charges of attempted rape and property destruction, but the court dismissed the attempted rape charge and found the defendant guilty of attempted molestation and property damage....
The trial took an unusual turn after the woman testified that she wanted to see the charges against Brown dropped, saying she did not want to press them in the first place.
Despite the woman's own testimony, the prosecutors said a "strict" punishment was necessary.
Brown lodged an appeal twice to have the judge removed from the case.
Brown's lawyer, Takashi Takano, said they will "carefully consider" whether to appeal the ruling.
Koshin Iraha, chief of criminal investigations of the Okinawa prefectural police, refrained from commenting on the court's decision not to recognize the attempted rape charge.
Norio Mizutani, a professor on criminal law at Osaka University, praised the court's decision to punish Brown for his action, but also said the decision to punish him for attempted molestation is "rather questionable."
According to the ruling, Brown tried to molest the woman on the morning of Nov 2, 2002, in a car in the city of Gushikawa. He was also found guilty of throwing the woman's cellphone into a river after she tried to call the police..