Can You Be Charged for ‘Fake Single’? Lawyer’s Take
Married Individuals Posing as Single Spark Legal, Ethical Debate
A growing trend of married individuals misrepresenting themselves as single on dating platforms has ignited a complex discussion encompassing legal ramifications, ethical considerations, and potential legislative remedies.
The issue gained prominence recently when House of Representatives member Yuki Hiraiwa admitted to engaging in a relationship while concealing his marital status. Hiraiwa, a member of the democratic Party for the People, issued an apology after being confronted about the affair.
According to Hiraiwa, he acknowledged to Weekly Gendai that he had a secret relationship approximately four years prior and did not disclose his real name to his partner.
The Democratic Party for the People has suspended Hiraiwa’s membership indefinitely, and his actions have drawn considerable criticism across social media platforms.
Legal Consultations Surge Amidst Rising Deception
attorney.com reports a meaningful increase in legal consultations related to individuals deceived by those falsely claiming to be single. Many cases involve individuals seeking genuine connections on dating apps, only to discover their partners are married. Some instances have even resulted in unintended pregnancies.
Currently, legal recourse is limited, with many victims choosing not to pursue action. This has fueled calls for stricter measures, including online petitions advocating for criminal penalties for those who misrepresent their marital status.
One woman, who initiated an online petition, recounted her experience of being deceived by a married man for nearly three years, resulting in a pregnancy. She characterized “fake singleness” as a form of sexual abuse.
The legal Landscape: Fraud or Infringement?
While the act of posing as single currently lacks criminal penalties, legal experts are debating whether existing laws could be applied. Keiji Kanegae, a lawyer specializing in these cases, sheds light on the complexities.
Why Isn’t it Considered Fraud?
Kanegae explains that the crime of fraud, as defined in Article 246 of the Penal Code, targets acts that deceive individuals into relinquishing property or obtaining financial benefits. The right to chastity, or the right to sexual self-determination, is not classified as property under the law.
Civil Liability: A possible Avenue
Even without criminal charges, Kanegae notes that victims may pursue civil action under Article 709 of the Civil Code, citing infringement of the right to chastity. However,he cautions that compensation amounts in such cases are typically modest.
Verification Challenges
When asked about verifying a partner’s marital status, Kanegae suggests requesting a certificate of singleness, though acknowledges the awkwardness and potential impracticality of such a request.
Calls for Legislative Action: Redefining Unconsensual Intercourse
Given the limitations of current laws, advocates are pushing for legislative changes to address the harm caused by deceptive relationships.
One proposed solution involves expanding the definition of unconsensual sexual intercourse under article 177, Paragraph 2 of the Criminal Code to include situations where an individual is misled into believing their partner is single.
Though, during the 2023 Criminal Code amendment, Ministry of Justice prosecutors argued that intentionally “faking him as a single person” would not constitute a crime of unconsensual sexual intercourse.
According to an analysis by Kaji Misa in the October 2023 issue of Investigation Research:
Misconceptions regarding a partner’s occupation, financial status, or marital status do not fall under the definition of “a misunderstanding” in the context of unconsensual sexual intercourse.
Kaji Misa, Investigation Research, October 2023
Misa argues that false beliefs about a partner’s attributes relate to the motivation for engaging in sexual acts, and should not be the sole basis for punishment.
Another theoretical avenue involves dating app companies filing obstruction of buisness charges against married individuals who register as single. Though, the lack of verification measures, such as requiring a certificate of singleness, makes such lawsuits difficult to pursue.