Janpoke Saito’s “papers referred to prosecutors” sparks heated coverage lawyer points out “there is a real risk of wrongful conviction”

Since the incident came to light, there have been reports about Saito’s possible sex addiction and large debt problems. A woman who was assaulted by Saito on the location bus also released a statement through her lawyer. The “search for the victim” has continued since the news was reported, creating a situation that could lead to a second rape. This series of heated reports are merely scattered bits of information, but the details of the underlying incidents have not yet been made clear. Lawyer Sugiyama Daisuke, who handles many criminal cases, says that this heated reporting should be looked at objectively, asking, “Haven’t they learned their lesson from the Hakamada case?” ■Lawyer: “There is a high risk of a false accusation.”
“The public seems to only be able to imagine a false accusation in cases where there was a completely different culprit, but I would like to point out that even in this case, where if there was consent it would just be a scandal, but if there was no consent it would be a crime, there is a high risk of a false accusation. “There’s no need to make a fuss when there’s no evidence yet,” said lawyer Sugiyama.
In Japan, it has long been a problem that reports treat people as if they are “criminals” at the arrest and prosecution stage. In fact, the prosecution rate for criminal offenses for which people are arrested and their papers are referred to prosecutors is only 36.2% (from the 2023 White Paper on Crime). Most recently, it is still fresh in our memory that Japan national soccer team player Junya Ito was referred to prosecutors on suspicion of “quasi-rape resulting in injury” but was later not indicted. Regarding this “paper referral,” Attorney Sugiyama explained, “It is simply a normal procedural step,” and went on to say the following: “One of the parties says there was no consent, while the other says there was consent, which contradicts the other. At least at the police level, the statements made are in a form that disputes the commission of a crime. If there are no witnesses and the two are alone in the scene and there is no further investigation, the police will send the case to the Public Prosecutor’s Office for a decision. That’s all, nothing else matters.”
There has been no change in Saito’s “position” between the time he was under police investigation and the time the documents were sent to the prosecutor’s office and the time the prosecutor’s office made its decision. “From now on, the prosecutor will read the documents and sometimes reconfirm statements, etc., and then decide whether to prosecute or not.” (Lawyer Sugiyama)
Please check the source for the full text.

ジャンポケ斉藤氏「書類送検」で“加熱報道”　弁護士「十分えん罪のリスクはある」と指摘するワケ（弁護士JPニュース） - Yahoo!ニュース

お笑いトリオ「ジャングルポケット」のメンバーだった斉藤慎二氏が今年7月、東京都新宿区の路上に止まっていたテレビ番組の撮影に使うロケバスの中で、20代女性に性的暴行を加えた容疑で、今月7日に書類送検さ

news.yahoo.co.jp