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NEWS: NGT48 Idol Maho Yamaguchi Apologizes for Speaking Out After Alleged Assault


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Utsuro no Hako



Joined: 18 May 2012
Posts: 1035
PostPosted: Fri Jan 11, 2019 12:09 pm Reply with quote
Echii wrote:
And what is the evidence in this case ?! Woman saying that she got assaulted is not an evidence at all.


Ooo, another expert on the Japanese criminal justice system. How fascinating that the Japanese system doesn't consider a victim's testimony to be evidence. I've never heard of a legal system that does it that way. Can you tell us how it came about?
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Echii



Joined: 17 May 2014
Posts: 107
PostPosted: Fri Jan 11, 2019 12:19 pm Reply with quote
Utsuro no Hako wrote:
Echii wrote:
And what is the evidence in this case ?! Woman saying that she got assaulted is not an evidence at all.


Ooo, another expert on the Japanese criminal justice system. How fascinating that the Japanese system doesn't consider a victim's testimony to be evidence. I've never heard of a legal system that does it that way. Can you tell us how it came about?


I never said I'm expert in criminal justice system. ANd I don't need to be expert to know that one person word is not a strong evidence because anyone could easily lie

THe men claimed that they did not do it. The woman claimed that she got assaulted. A Person word vs another person word. Why should I take her words as a fact when her words does not prove that something happened.

Or are you suggesting that someone should get jail time for just claiming that you got assaulted ?! Specially when there is examples of women lying about assaults (I showed some in my other comment)


Last edited by Echii on Fri Jan 11, 2019 12:28 pm; edited 1 time in total
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gloverrandal



Joined: 20 May 2014
Posts: 406
Location: Oita
PostPosted: Fri Jan 11, 2019 12:27 pm Reply with quote
Utsuro no Hako wrote:
Since you're making a definitive claim about what Japanese law says, I assume you have a law degree and have passed the Japanese bar. Since you're an expert, perhaps you could elaborate on your point -- how could the company settle on her behalf in such a way that she's legally bound not to say anything? Is that normal in Japanese law?


I do not recall ever saying I had a law degree. All I simply said was there are numerous reasons why candidly mentioning an incident publicly could have been an issue for the parties involved, and jumping to conclusions because of emotions is not the best way to go about this.
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TarsTarkas



Joined: 20 Dec 2007
Posts: 5836
Location: Virginia, United States
PostPosted: Fri Jan 11, 2019 12:42 pm Reply with quote
Echii wrote:

THe men claimed that they did not do it.


I only heard that they admitted going to her home to talk to her, and didn't think it was a big deal. Going to a woman's home without her prior knowledge or approval is a big deal. Since the victim was clearly a victim of stalking, and that the men harrassed and/or assualted another woman to get information out of her about the victim, I would go with the victim's statement over the men's.

The men could have been merely released pending the completion of the investigation, and their eventual trial. Happens here all the time.
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Utsuro no Hako



Joined: 18 May 2012
Posts: 1035
PostPosted: Fri Jan 11, 2019 1:18 pm Reply with quote
Echii wrote:
I never said I'm expert in criminal justice system. ANd I don't need to be expert to know that one person word is not a strong evidence because anyone could easily lie


Fun fact: I've been on a jury in a kidnapping case where we sent the defendant to prison for life based upon the victim's testimony and a couple photographs. Testimony is evidence. Period. If a jury finds a witness credible, they can take that person's testimony as 100% true, even if there's no supporting evidence.

gloverrandal wrote:
I do not recall ever saying I had a law degree. All I simply said was there are numerous reasons why candidly mentioning an incident publicly could have been an issue for the parties involved, and jumping to conclusions because of emotions is not the best way to go about this.


You made specific claims about how it could be, and without expertise in the Japanese legal system, you're just speculating on how things could work.
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Echii



Joined: 17 May 2014
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PostPosted: Fri Jan 11, 2019 1:33 pm Reply with quote
Utsuro no Hako wrote:
Echii wrote:
I never said I'm expert in criminal justice system. ANd I don't need to be expert to know that one person word is not a strong evidence because anyone could easily lie


Fun fact: I've been on a jury in a kidnapping case where we sent the defendant to prison for life based upon the victim's testimony and a couple photographs. Testimony is evidence. Period. If a jury finds a witness credible, they can take that person's testimony as 100% true, even if there's no supporting evidence.

gloverrandal wrote:
I do not recall ever saying I had a law degree. All I simply said was there are numerous reasons why candidly mentioning an incident publicly could have been an issue for the parties involved, and jumping to conclusions because of emotions is not the best way to go about this.


You made specific claims about how it could be, and without expertise in the Japanese legal system, you're just speculating on how things could work.


Many witness and photograph in your case
vs
no witness other than the "victim" and the two men who might have assaulted her.

The two are not even comparable.

Also, it does not matter what justice system say. A witness is not 100% proof. There are people who witnesses UFO and ghosts, Jesus or whatever. Not to mention, that we have many proven cases of witness lying and framing people
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Utsuro no Hako



Joined: 18 May 2012
Posts: 1035
PostPosted: Fri Jan 11, 2019 1:58 pm Reply with quote
Echii wrote:

Many witness and photograph in your case
vs
no witness other than the "victim" and the two men who might have assaulted her.

The two are not even comparable.


Reread what I wrote: "we sent the defendant to prison for life based upon the victim's testimony and a couple photographs." There were no other witnesses, and the photographs only showed a cut on the victim's neck, which she said were from the kidnapping. If Yamaguchi had a photo of a bruise on her face or other injury, that would be exactly the same amount of evidence presented in the case I sat on.

Unfortunately she doesn't have access to the same justice system as where I live.

Quote:
Also, it does not matter what justice system say. A witness is not 100% proof. There are people who witnesses UFO and ghosts, Jesus or whatever. Not to mention, that we have many proven cases of witness lying and framing people


Since we're talking about the justice system, yes it matters what the justice system says. And again, the jury can decide on the credibility of a witness. They don't have to believe everything every witness says. But if they do believe, then that testimony has the same weight as fingerprints, or DNA, or any CSI BS.
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Errinundra
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Joined: 14 Jun 2008
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PostPosted: Fri Jan 11, 2019 5:06 pm Reply with quote
That line of thought has been discussed enough - it can only get rancid from here.
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GhostStalkerSA



Joined: 17 May 2015
Posts: 425
Location: NYC
PostPosted: Fri Jan 11, 2019 5:58 pm Reply with quote
Echii wrote:

Also, it does not matter what justice system say. A witness is not 100% proof. There are people who witnesses UFO and ghosts, Jesus or whatever. Not to mention, that we have many proven cases of witness lying and framing people

Actually, it does matter, in this case. We're talking about people being arrested/charged by the Japanese justice system, after all. And that justice system is way different than that of the West in general. Trials there do not tend to rely on juries, just judges deciding guilt, and to my knowledge, witness testimony is still seen as a very important component in convicting people.

Also, if various pop culture references to the Japanese system haven't clued you in (Ace Attorney and Persona 5 amongst them), "innocent before proven guilty" is a statement that doesn't seem to be honored that much there. From my understanding, if the police and/or prosecutors think you're guilty of a crime, they'll do everything in their power to get you convicted: things like forced and pressured confessions and suppression of evidence not outside their playbook. Yes, this happens in the West as well, but Japanese prosecutors don't even bring cases to trial unless they are practically 99% certain that they can win, and will go to lengths to protect their conviction rates and records. Or they'll do their best to try and get someone to agree to a plea deal with all the "evidence" they have.
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Juno016



Joined: 09 Jan 2012
Posts: 2389
PostPosted: Sun Jan 13, 2019 12:31 pm Reply with quote
Echii wrote:

no witness other than the "victim" and the two men who might have assaulted her


I get what you're trying to say, but there was another girl involved and the guys admitted to at least stalking her. Even if physical violence couldnt be proven, there's a solid case against them for intent to harm. Them putting their hands on her would certainly be bad, but something tells me that's not the meat of this case.

I'm a fan of some idol groups, but I just cannot get into the AKB-originated spin-off and rival groups. Their rules for the girls make sense for publicity up to a point, but as far as indicating that these girls cannot have their own autonomy outside the group--it's toxic and unhealthy to them, and serves a group of fans whose lifestyles depending on those rules are also unhealthy.
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Xiximaro



Joined: 03 Feb 2017
Posts: 151
PostPosted: Sun Jan 13, 2019 5:15 pm Reply with quote
What bothers me is the fans petition...
So they are angry at the company for making the idol apologize, instead of being angry at the company for making the idol drop the charges on the two not-so-nice-people stalkers?
It's like saying, we care about you "our" idol, but not that much...
I can really imagine the two stalkers walking of the police station full of regret about what they did. They stalked, they harassed and walk free, they must be really sorry(sarcasm).
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yuna49



Joined: 27 Aug 2008
Posts: 3804
PostPosted: Wed Jan 23, 2019 3:25 pm Reply with quote
A view of this event from a mainstream (if somewhat left-wing) news source.

https://www.thedailybeast.com/look-but-dont-touch-inside-the-weird-dangerous-world-of-japans-girl-idols

Quote:
TOKYO—The marketing of pop stars (male and female) is a huge business in Japan, generating billions of yen in revenue for the management. It’s sometimes a dirty business as well, with the young idols being used and abused until their “expiration date” has passed or they “graduate.”
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