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영어

1. How to Approach the Problems of Offenders’Families Ever since the Basic Act on Crime Victims was established in 2004, victims’ rights became realized and support agencies for victims were established in each prefecture throughout Japan. The families of offenders, however, are left out in every criminal justice and public policy consideration in Japan. Even though there are cases of families committing suicide due to the extreme sense of guilt, various issues faced by families of offenders have been ignored by the government, social services, as well as the Japanese media. Stigma and shame of being related to an offender also prevent the family members from reaching out for help. Thus, there exists virtually no official data on families of offenders, one of the most marginalized populations in Japan. World Open Heart (WOH) is a non-profit organization that advocates and supports for those who are marginalized in Japanese society. WOH was formed in 2008 in the Miyagi Prefecture, as an effort to locate and support any marginalized population that falls through the cracks of Japan’s social services. We are the first organization to provide exclusive support for offenders’ families in Japan. We have been featured in a number of magazine and newspaper articles as well as TV programs, which aided those who are in need reach out for help. So far, WOH has handled more than 500 cases of offenders’ families under varying circumstances. 2. The Situation of Offenders’ Families in Japan WOH defines “offending” as the commission of a criminal act or tort. The biggest portion of cases brought to WOH involves murder. Because 40% of murder is committed within families in Japan, those who are left behind are not only the families of “offenders” but also the families of “victims”. In Japan’s victims’ rights movement, however, they are often treated almost identical to “offenders”. We see “family” as those who are closest to offenders, those who are blamed for or discriminated against like the wrongdoer, despite their legal innocence. Those who get in touch with us are most likely the mothers of offenders, highlighting the tendency for mothers to take the responsibility of the offence within the family. Offenders’ families are often socially excluded and isolated, as they suffer from various psychological, social, and economic repercussions. The situation that the children of offenders face is especially dire, as the consequences can spill over to their school life and have an even greater impact on their future. 3. Support Activities for Offenders’ Families in Japan WOH works closely with criminal defense attorneys. It enables us to deal with various cases and intervene in the early stages of the criminal justice procedure. We especially focus on the support for the families during police investigation as well as trial when they come into close contact with the police, prosecutors, and judges as a “witness”. These legal support activities are essential, as they could result in shorter sentences and even prevent miscarriages of justice. Thus, we deem this strong collaborative relationship with legal experts one of the most important and unique features of our support activities.

한국어

이 연구의 목적은 일본의 가해자 가족 현황과 지원내용을 파악하고자 하는 데 있다. World Open Hear(WOH)에서 가장 많은 지원을 했던 사례는 살인사건이며 이중 40%는 가족 내 발생한 살인으로 남겨진 가족이다. 「가족」은 스스로 범죄와 불법행위를 저지른 행위자는 아니지만 행위자와 친족 혹은 밀접한 관계였다는 사실만으로 행위자와 같은 비난과 차별을 받고 있는 사람들이다. 가족은 가해자인 동시에 피해자이기도 하지만 「가해자」로 분류된다. 가해자와의 관계로는 「모친」이 가장 많았다. 사건 후 가해자 가족은 사회적으로 배제, 고립되는 경향이 있으며 심리적, 사회적, 경제적인 문제로 힘들어 한다. 특히 사건이 가해자 가족의 자녀들의 학교생활과 장래에 주는 영향은 심각하다. WOH에서는 형사변호인과의 협력하여 수사초기부터 개입하고 있다. WOH의 지원과정은 수사단계의 참고인과 공판 증인 등 형사수속에 있어서 가해자가족의 지위에 초점을 둔 지원을 하고 있다. 이러한 지원은 억울한 구형 방지와 형을 줄이게 하기도 한다. 수사단계에서부터 형사변호인과의 협동지원은 일본의 가해자가족 지원의 특징이라고 볼 수 있다.