Japan's Prostitution Prevention Law: the Case of the Missing Geisha
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Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 2010 Japan’s Prostitution Prevention Law: The aC se of the Missing Geisha Tenica Peterfreund Seton Hall Law Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Part of the Criminal Law Commons, and the International Law Commons Recommended Citation Peterfreund, Tenica, "Japan’s Prostitution Prevention Law: The asC e of the Missing Geisha" (2010). Law School Student Scholarship. 57. https://scholarship.shu.edu/student_scholarship/57 Japan’s Prostitution Prevention Law: The Case of the Missing Geisha By Tenica Peterfreund “Remember, Chiyo, geisha are not courtesans. And we are not wives. We sell our skills, not our bodies. We create another secret world, a place only of beauty. The very word ‘geisha’ means artist and to be a geisha is to be judged as a moving work of art.” – Memoirs of a Geisha1 I. Introduction There are some who have called Japan a prostitution culture.2 Indeed, prostitution was officially sanctioned by the Japanese government during the Tokugawa regime of 1603-1868.3 Up until the end of the feudal era, poor families sent their daughters to big cities to find work at brothels and other niches in the sex industry, having them enter into “slavish bondage” with brothel owners.4 Today, prostitutes come in different forms—as streetwalkers, hostesses at bars and call girls.5 Streetwalkers will roam the streets of mizo shobai and almost always have an understanding with police who grant prostitutes a certain degree of freedom.6 Hostesses who work at bar establishments provide companionship to male patrons and will then visit love hotels7 later in the night.8 Call girls, a fast-growing group, will typically meet men at love hotels after the men call a central line about where they can meet their dates.9 But with the variety of 1 Memoirs of a Geisha (Columbia Pictures, 2005). 2 Jennifer Chan-Tiberghien, Gender and Human Rights Politics in Japan 40 (2004). 3 Id. (The Tokugawa shogunate was a feudal regime which focused on military power and an isolationist foreign policy). 4 Andrew D. Morrison, Note, Teen Prostitution in Japan: Regulation of Telephone Clubs, 31 Vand. J. Transnat’l L. 457, 461 (1998). 5 Stephan M. Salzberg, The Japanese Response to AIDS, 9 B.U. Int’l L.J. 243, 262 (1991). 6 David H. Bayley, Forces of Order: Policing Modern Japan 110-111 (1991). 7 See Morrison, supra note 4, at 472. (Love hotels are analogous to hourly motels in the United States). 8 See Salzberg, supra note 5, at 261-262. 9 See Salzberg, supra note 5, at 263. 1 prostitutes that find their place in Japanese society, there is one group in the sex industry cloaked in mystery, that has been able to hide behind a curtain of tradition—the geisha. Many scholars poetically view geisha as heirs to a romantic heritage.10 Their eyes are outlined in black with a face that shines white and impassive like a mask.11 Their hair is “piled into gleaming black coils” reminiscent of hills and valleys on a country-side.12 Their kimonos sparkle in shades of blue and gold.13 The women are well-versed in passionate stories and poems of heroes and villains, beautiful femme fatales and great lovers.14 They are not women, but walking works of art, a stylized image of ultimate femininity in Japan.15 Not only do they tell stories, they spend years studying dance and music before graduating to a fully qualified geisha.16 They live in tea houses where they entertain wealthy and powerful government men, like Prince Charles of England,17 performing and flirting, engaging in witty conversation.18 While many believe that geisha are legally recognized professionals, entertainers and performers, there are others who believe them to be a distinct part of Japan’s ever-flourishing sex industry. This distinction between prostitutes and geisha is an important one under Japan’s current Prostitution Prevention Law.19 Since geisha are not considered prostitutes under the statute, there has been a growing “geisha-isation” in Japan, where brothels and meeting places have transformed into geisha houses to escape enforcement of the law.20 Because of this, the Prostitution Prevention Law has been less than effective. This paper will provide a historical 10 Lesley Downer, The Secret History of the Geisha: Women of the Pleasure Quarters 3 (2001). 11 Id. at 1. 12 Id. 13 Id. at 2. 14 Id. at 3. 15 Id. at 9. 16 Id. at 12. 17 Mineko Iwasaki, Geisha, A Life 186 (2002). 18 Michiko Aoki, The Oxford Encyclopedia of Women in History, http://www.mywire.com/a/Oxford-Enc-Women- World-History/Geisha/9498261/ (Jan 1, 2008). 19 Baishun boshi ho [Prostitution Prevention Law], No. 118 (1956). 20 Caroline Norma, A Past Re-imagined for the Geisha: Saviour of the 1950’s Sex Industry, http://findarticles.com/p/articles/mi_6988/is_10/ai_n31337323/ (Jan 2008). 2 examination of prostitutes and geisha, the geisha’s place under the Prostitution Prevention law and an analysis of why they were excluded under the law based on unique societal characteristics of Japan including its social order construct and the honne/tatemae philosophy. In addition, this paper will provide recommendations to effect change in Japan’s sex industry, namely to close loopholes in the law by including the geisha as a prostitute. II. History of the Prostitute and the Geisha There is a deep and complex history for both the Japanese prostitute and the Japanese geisha. Japan, unlike other countries, had few moral reservations concerning the sex industry. The history of licensed prostitution in Japan is robust and begins around the 1600s.21 The geisha have their own history starting in the “pleasure quarters” of the Tokugawa shogunate, commencing during the mid-18th century. Though this paper will try and separate those histories, there are times when the narratives will collide, revealing a past that ties geisha and prostitutes closer than some would like to believe. Officially supervised prostitution has dated back to the Kamakura period (1185-1333), where the government created the office of “steward of prostitutes” (yukun betto).22 The shogunate of 1338-1573, known as Ashikaga, formally recognized prostitution as a trade and taxed it as a profession under its “Harlots Bureau.”23 But it was during the Tokugawa era in the 1600s that the origins of today’s modern prostitution regime arose. In 1618, authorities set up the Yoshiwara quarters, licensed prostitution quarters that were meant to concentrate “scattered gangs of prostitutes.”24 Regulations demanded that the area be walled off, surrounded by a moat 21 Sheldon Garon, Molding Japanese Minds: The State in Everyday Life 90 (1997). 22 Id. 23 Id. 24 Id. 3 and open only during the day.25 Brothels had to be of a predetermined size, prostitutes could only work at one brothel within one licensed quarter and their patrons were only allowed to stay for a 24-hour period.26 These regulations became more lenient around the 1650s.27 By the end of the seventeenth century, there were 35 licensed quarters in Japan, Yoshiwara and Shimabara quarters (Kyoto) alone accounting for 2,800 prostitutes.28 Even then, “innovative brothel-like establishments” emerged, like “meeting houses” or tea houses, which served as a disguise for simple brothels.29 Officials in early Japan had fewer moral reservations about the profession than, for example, Christian societies in the West.30 The legal system did nothing to discourage the sale of young girls into prostitution as an answer to poverty.31 Prostitutes were often bound by indentured relationships to brothel owners.32 These owners offered monetary advances to the girls, but more generally to the girls’ parents.33 If a girl quit prior to the repayment of that advance, her parents were contractually indebted to the owners to pay off that obligation.34 Other times, the opposite would occur, where the girl would work off her family’s debts.35 However, in 1872, an event occurred which spawned a change that would affect the lives of all geisha and prostitutes and their influence on Japan.36 The Peruvian ship, the Maria Luz, 25 See Morrison, supra note 4, at 460. 26 Id. 27 Id. at 461. 28 See Garon, supra note 21, at 90. 29 See Morrison, supra note 4, at 461. 30 See Garon, supra note 21, at 91. 31 Id. 32 Id. at 93. 33 Id. 34 Id. 35 Yasuzo Kitamura, Evolution of Antitrafficking in Persons, Law and Practice in Japan: A Historical Perspective, 14 Tul. J. Int’l. & Comp. L. 331, 335 (2006). 36 Susan Tiefenbrun, Copyright Infringement, Sex Trafficking and Defamation in the Fictional Life of a Geisha, 10 Mich. J. Gender & l. 327, 356 (2004). 4 sailed into Japanese harbors for repairs, carrying 230 Chinese slaves.37 The slaves were ultimately set free but not without an international uproar.38 While the Japanese government officially stated that it had no policy recognizing slavery, the Peruvian government fought back claiming Japan indeed did have its own de facto system of slavery—the women in the pleasure quarters.39 Because the new Meiji government40 was attempting to convince the world of Japan’s new modernity and civility,41 the Council of the State passed the Prostitute and Geisha Emancipation Act,42 which decreed that all prostitutes, geishas and indentured servants be freed,43 prohibiting the sale of and trade in human beings.44 The women did not have to repay their advances because “prostitutes and geisha are those who have lost control of their bodies and thus are no different than cows and horses.