Tokyo is arguing about street prostitution: Should anyone who buys sex be punished?

Japan's Prime Minister Sanae Takaichi is not considered a feminist. She insists, for example, that the Japanese emperor must be a man. At the same time, the ultra-conservative politician shows surprisingly progressive traits on some issues: The fact that possession of child pornography became a criminal offense in Japan in 2014 is largely thanks to her persistence as a member of parliament. As soon as she was in office, the newly crowned head of government initiated a legal reform last November to punish the purchase of sex. So far only women have been prosecuted. The occasion was the parliamentary debate about a 12-year-old girl from Thailand who was working illegally in a “massage parlor” in Tokyo.

Justice Minister Hiroshi Hiraguchi then had the prostitution prevention law examined by experts. Their preliminary report from the end of August calls for regulation of public recruitment of suitors, but only wants to punish approaching, “recognizable walking around” or responding to offers. More criminalization could drive the market underground and increase risks for women. Prostitution between adults should only be regulated cautiously “for constitutional reasons”.

With their recommendation, the experts fueled the public debate that has been ongoing since the commission was set up in February. Some call for the Nordic model, which, like in Sweden, only punishes johns. Others, including sex workers, reject any criminalization of men.

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The 1956 law prohibits the buying and selling of sex: “No person shall engage in or engage in prostitution.” Women are punished if they recruit men while they get away scot-free. This “gender imbalance,” according to the Mainichi newspaper, has existed for 70 years. Sex workers face up to six months in prison or a fine of up to 110 euros if they publicly approach customers or wait for them.

The secret drivers of the reform are videos of street prostitutes around Okubo Park and in front of the love hotels in the Kabukicho red light district in Tokyo, which are spreading on social media. They show Japanese people and tourists approaching revealingly dressed, sometimes very young, women. Politicians and authorities are displeased that this side of Japan is now becoming public. They don't want sex tourism that damages Japan's reputation.

A representative of the sex workers explained at a panel discussion that foreign men negotiate with the women using translation apps. "The misconception that buying and selling sex is virtually tolerated in Japan is spreading. Criminalizing recruitment to buy sex would serve as a deterrent to demand."

Feminist activist Kanajiri called for harsh punishments for men: “Buying sex is a form of violence against women.” MP Masae Ido from the opposition DPP advocated the Nordic approach: punish buyers, not sellers, and offer them social and employment assistance. The sex industry is intertwined with human trafficking, organized crime, scouts and the exploitation of vulnerable women. Yumeno Nito from the Colabo organization, which supports girls at risk of sexual exploitation, also calls for sex workers to no longer be prosecuted. The reform should target buyers and profiteers.

The support group Swash argues that fines for men reduce the number of customers and women's income. Remaining customers would have more bargaining power, which would result in price pressure and riskier practices such as sex without condoms. Swash also criticized the fact that those affected were not heard. The experts plan to publish their final report this month.