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  • It Could Be Worse! It Could Be Japan: No Safety Measures for False Allegations

    This is a discussion on It Could Be Worse! It Could Be Japan: No Safety Measures for False Allegations within the False Allegations forums, part of the General category; It Could Be Worse! It Could Be Japan December 18th, 2009 by Robert Franklin, Esq. I once asked the head ...


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      #1  
    Old 19th-December-2009
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    It Could Be Worse! It Could Be Japan: No Safety Measures for False Allegations

    Quote:
    It Could Be Worse! It Could Be Japan
    December 18th, 2009 by Robert Franklin, Esq.

    I once asked the head of a child welfare agency what procedures they had to prevent spurious allegations of abuse from being used to win child custody cases — his answer, essentially, was "none."

    If this article is at all accurate, and I have no reason to think it's not, the family law system in the United States is a model of fairness compared to that of Japan (VirginiaLawBlogger, 12/10/09).

    According to the article, the Japanese system is rigged and makes no bones about it. The rules are simple; mothers get custody; all claims of domestic violence made by a woman against a man are true; no claims of domestic violence made by a man against a woman are true; all claims of child abuse against a man are true; no serious attempt is made to find facts which contradict any of the above rules.

    And it's a 'winner-take-all' system, so any mother who wants to get rid of her child's dad doesn't have to work too hard to do it.

    If anything, it looks like Japan's definition of 'domestic violence' may be even looser than that of our federal Office on Violence Against Women. The Japanese version includes such mysterious gems as "psychological violence" and "educational violence." What constitutes the latter, I can't even begin to guess. The former can occur when a man raises his voice to his wife; it can also occur when he is "excessively quiet."

    There was a time when we adhered to the notion that laws had to be sufficiently easy to understand for people to comport their behavior in accordance with them. After all, one of the main aims of law is to order social behavior. So it doesn't do much good to have laws that people can't obey because they figure out what they mean.

    That's one of the many things that are wrong with domestic violence laws. No normally intelligent person can read the definition offered by Japanese law or by the OVW and say with any certainty what does and doesn't constitute DV. Given that the actual concept of "violence," (i.e. physical striking intended to cause injury or damage to property) was cast aside long ago, the laws have set us all adrift. Did I speak too loudly? Not loudly enough? Did I ask my wife to spend less? Did I say that taking courses in basket weaving wasn't as good an idea as courses in computer engineering? Who knew that all of those things could constitute violence?

    The point being that, having largely abandoned common sense and expanded the definition of domestic violence beyond recognition, it becomes apparent that domestic violence laws aren't meant to guide proper behavior. They're meant in part as a "gotcha!" That is, they're meant to punish wrongdoers, who aren't entitled to know in all cases whether their behavior violates the law or not.

    But read the linked-to article. It's a good one. And if you're a dad, you can take some small solace in knowing that things could be worse; you could be living in Japan. But of course if those plane tickets in your wife's purse list Tokyo as the destination, look out.
    Source.

    The laws on domestic violence and false allegations which don't recognize male victims are very outdated in Japan.




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      #2  
    Old 21st-January-2010
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    Re: It Could Be Worse! It Could Be Japan: No Safety Measures for False Allegations

    This report is not correct, as it fails to mention important legal differences between Western laws and Japanese laws.

    In Japan, divorce is mostly done out of court, just signing some paper in the ward office together. No lawyers etc. required. Divorce will not cost you much money as a man.

    In Japan there are no visitation rights, but there is also no obligatory child-support, what you pay is up to you.

    Japan also does not know anything about alimony, except if it's about old people and retirement allowances married for a very long time - this means usually 25 years or more.

    The domestic violence law in Japan is weak and there is no spousal rape existing in the laws.

    Parents rights are very strong in Japan, there is no anti-spanking lobby or similar child protection do-gooders existing.

    It is also very easy to bring a foreign wife into Japan, if you think, the Japanese woman is not the right one for you.

    Japan is not bad at all, I am living here since 1976, married and 2 daughters (already adults) and 1 fostergirl.

    It is not true that Japan has no legal framework for false allegations. But false allegations are rare as considered as extortion and the woman might face a long prison sentence.

    Last year a woman tried to get money out of a man in Osaka City, accusing him for groping in the overcrowded train together with another female friend. She was sentenced to 5 years prison.

    I do not recommend you to marry a Japanese woman, if you are not interested to live in Japan.
    Do not bring Asian women out of their countries to EU/UK/US.



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      #3  
    Old 21st-January-2010
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    Re: It Could Be Worse! It Could Be Japan: No Safety Measures for False Allegations

    Quote:
    Originally Posted by yohan View Post
    ...Last year a woman tried to get money out of a man in Osaka City, accusing him for groping in the overcrowded train together with another female friend. She was sentenced to 5 years prison.

    I do not recommend you to marry a Japanese woman, if you are not interested to live in Japan.
    Do not bring Asian women out of their countries to EU/UK/US.
    5 years! Wow! That will send a strong message!

    Yes, bringing Asian women to western countries would only corrupt them. I am living and teaching English in Korea, and, while Korean women are generally nice and feminine, there is a feminist movement there. Feminists at my school have made absurd claims of "misogyny" such as 1) Men, who are forced to serve in the military, get favored treatment over women, who do not have to serve in the military, when applying for jobs. The woman just wanted men to have no special consideration with regard to employment. She didn't want the all-male draft to end or women to have to serve in the military. And 2) The fact the 75% of public school teachers are women, which means it is now harder for women to get hired as the government is trying to even things out. The irony is that men have been discriminated against in recent decades, thus their minority representation in public schools, and now that the government is trying to get more men in the schools, for the sake of men who want to teach and children who need male role models, feminists claim they are the ones being discriminated against.



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      #4  
    Old 22nd-January-2010
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    Re: It Could Be Worse! It Could Be Japan: No Safety Measures for False Allegations

    Good points about foreign women. Women are women and it is their culture, not their place of birth, which will effect how they behave in regards to men. Whether a women is a westerner by birth or integration it is foolish to not expect her to adopt the 'western,' woman's attitude. Too many MRAs point to foreign women as though they are some holy grail, but this is a shadow-play. If you really want to settle down and marry someone with feminine values you will need to take yourself to a place which promotes those values, otherwise you strive in vain.


     
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      #5  
    Old 22nd-January-2010
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    Re: It Could Be Worse! It Could Be Japan: No Safety Measures for False Allegations

    Quote:
    Originally Posted by Dylan MacVillain View Post
    .....while Korean women are generally nice and feminine, there is a feminist movement there. Feminists at my school have made absurd claims of "misogyny"
    Out of all in Asia, South Korea is maybe the most feminist country here in Asia, this is because of the Korean War and the permanent strong US-influence in that small overcrowded country up to today.

    Still, South Korea has laws protecting marriage, and also abolished recently a men-only law regarding marriage promise. The idea, a woman regardless her age can do with her body whatever she likes is not much appreciated in Korea, Japan or elsewhere in this region.

    For sure, nowhere in Asia feminism enjoys advantages and privileges like in the Western world - even not in South Korea.

    Nobody is discussing for example like in UK to shut down all prisons for women, because women are 'different' and have 'special needs'. Nobody will discuss something like the Swedish model, that a woman might sell sex unpunished, but to buy and pay for sex as a customer is illegal. Nobody will show up with so-called anti-spanking laws regarding child-discipline, nobody will consider the idea, that 'women' are 'girls and therefore children and only the man is responsible for all and everything etc.'
    I never heard something like to remove urinals in an elementary school (idea from Norway), because boys should not do what girls cannot.

    Economically seen I failed so far to hear something about a 'gender-quota' for Korean women to become CEO in a major company.

    Still Asia is not US or UK/EU - It's a big difference.

    As a foreign man you have to decide, where you want to live, what you want to do. You cannot just travel all the time between EU - US and Asia. Distances are too far.

    I decided to stay in Asia, no way back for me to Europe. And again, I do not recommend to bring Asian women outside of Asia.



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      #6  
    Old 22nd-January-2010
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    Re: It Could Be Worse! It Could Be Japan: No Safety Measures for False Allegations

    ""I decided to stay in Asia, no way back for me to Europe. And again, I do not recommend to bring Asian women outside of Asia. ""

    generally I agree with this - for very young Asian wimyn

    my wife was 32 when I married her having spent her young years in the Philippines and being enculturated ot the filipino ethos -

    strong religeous conviction mostly Catholic; valuing the family and male headship of it ie of the nuclear family; relying on the family and not government quangos like social security which is typically filled with Lefto -feminit misandrist wimyn and not being raised in a culture of male bashing with institutionalised hatred of men

    above all living in a cuture with no mechanism of trashing men through the court system contrast the Western misandrist Family Courts which are nothing more than Stalinst style star chambers adapted to the feminits hatred of men and set to defrauding him of his life's work for her

    so apart from a little hard earned experience with wimyn here in Australia this popped my youth mooney eyed notions of Australian wimyn and later extrapolated to Western wimyn in general by attending forums like this; the judicious selection of ones bride pays dividends and forstalls Family Court disasters anon





     
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