Answerman

Do Cultural Differences Justify Watsuki's Punishment?

James J. asks:

Dear Mr. Answerman,

This may be a serious subject, but I have noticed that some American fans believe that Nobuhiro Watsuki's punishment was too lenient, and, as an American, myself, I can fully understand that sentiment, but Japan is a radically different country with a very different culture from the United States, so I believe that Americans should not judge Watsuki by the standards of their own culture. If the Japanese government and people believe that his punishment was sufficient, then I believe that other people should accept that, as well.

What do you think about this? Is this too controversial a subject to post on ANN's website?

Thank you very much.

The question of Nobuhiro Watsuki's punishment for possessing child sexual abuse material (“CSAM”) has sparked a significant debate, particularly among non-Japanese fans. To put it bluntly: yes, by our standards, his punishment was undeniably too lenient. This isn't a matter of cultural insensitivity, but a reflection of deeply held values regarding child protection.

It's crucial to acknowledge that Japanese culture differs radically from Western, particularly American culture. These differences extend to our legal systems and societal attitudes toward crime and punishment. You have suggested that we should defer to the Japanese system's judgment, arguing that their government and people deemed the punishment sufficient. However, I fundamentally disagree.

While respecting cultural differences is important, we cannot abdicate our moral standards. CSAM is a universally abhorrent crime. To suggest we should simply accept a lenient punishment because it aligns with another culture's norms is to minimize the severity of the offense.

The Japanese legal system's approach, as evidenced by Watsuki's case, appears to prioritize rehabilitation and societal reintegration, often through fines and probation, rather than lengthy prison sentences. This contrasts sharply with Western systems, where such crimes often carry severe penalties.

You seem to allude to the concept that the Japanese system has determined his guilt, but that a prison sentence was not necessary, and that he should be allowed to resume his life. I disagree. The fine Watsuki received feels like a mere slap on the wrist, especially considering the gravity of his crime. It sends a troubling message, particularly in a society grappling with sexual exploitation, and the normalization of the hypersexualization of underage girls in popular manga, anime, and video game works.

The lenient punishment also disregards the potential impact on victims, both known and unknown. Child sexual abuse material is not a victimless crime. It fuels a market of abuse and exploitation. The lack of a substantial penalty suggests a lack of regard for the harm inflicted.

The resumption of Watsuki's manga publication after his conviction further complicates the issue. While his publisher may have deemed it acceptable, it raises questions about accountability and sends a message that such actions are easily forgiven.

As consumers, we have the right to choose whether to support creators who have committed such offenses. Personally, I cannot reconcile enjoying the work of someone who has engaged in such reprehensible behavior.

The core issue is that child sexual abuse material is a heinous crime. It involves the sexual exploitation of minors, and its possession perpetuates this abuse. The legal definition of CSAM, as outlined in U.S. federal law, underscores its severity.

While Japan has revised its laws regarding sexual offenses, the discrepancy in sentencing remains stark. The fine levied against Watsuki pales in comparison to the potential prison sentences in the U.S. for similar offenses.

The Japanese legal system's emphasis on rehabilitation and reintegration, as described by Professor Kawai Mikio, offers insight into this disparity. However, this approach does not absolve the offender of responsibility.

The Japanese system's high conviction rate and reliance on confessions suggest a different approach to criminal justice. While societal pressure and rehabilitation efforts may contribute to lower re-offending rates, they do not justify lenient punishments for serious crimes.

The question of whether Japanese society as a whole accepts Watsuki's punishment remains unanswered. The entertainment industry's tendency to handle scandals discreetly makes it difficult to gauge public sentiment, but as the recent Fuji TV fallout suggests, advertisers are no longer prepared to continue supporting shoddily run corporations when it comes to sexual misconduct scandals.

It's also worth noting the demographic differences within the Japanese judicial and political systems, particularly the lack of female representation (Less than 16% of sitting representatives in the Diet currently are women), which may influence attitudes toward sexual offenses.

While acknowledging cultural differences, we cannot ignore the fundamental principles of justice and child protection. To suggest that we should simply accept a lenient punishment because it aligns with another culture's norms is to minimize the severity of the offense.

Ultimately, Watsuki's conviction stands. He is a convicted offender, and his actions are reprehensible. Therefore, it is perfectly valid for individuals to choose not to support his work. The law, however imperfect, serves as a guide for societal responses to crime and punishment, and in this case, by our standards, that punishment was far too lenient.

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