Japan: Man arrested for organizing an orgy in his hotel room

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The portal Bengoshi News published article reporting that a man was arrested earlier this month for organizing an orgy at a hotel in Japan. The man, however, was not arrested for the act itself, but for the crime of fraud: he reserved a room for two, but in reality there were eleven in the place.

«The organizer, man, was booked on March 7 as suspected fraud due to the use of a hotel with a false population to celebrate orgy. According to reports, the subject allegedly booked a hotel room in Fukuoka City in January this year for two, but eleven people (eight men and three women) actually stayed there. They should have paid eleven, but only paid for two. Participants were recruited via the internet and the indecent acts took place in the hotel room, but the question remains whether they can be charged with “public misconduct”.».

«“Can you accuse him of public indecency?” Based on previously exposed brothel cases, you may be charged with public indecency. However, whether or not the person responsible for a crime is judged will depend on the evidence, and on the “criminal policy decision” of the prosecutor in charge.».

«“In what circumstances can a person be charged with public indecency?” In order to commit a crime of public harassment, there must be a “public” character and “indecent acts”. Because it is clear that genital exposure or any sexual activity is an “indecent act”, the key point is whether the act is “public”. The public is defined as “a circumstance which can be identified by an uncertain or large number of people”. However, even if an indecent act is committed in front of a certain minority of people, if it results from seeking out an unspecified number or a large number of people, indecent exposure is recognized. In the case of an orgy held in a hotel room with specific participants, it would be a sexual act in front of certain individuals, but if, as in this case, it is celebrated on the Internet with an indefinite invitation or a large number of people. , exhibitionism can also be recognized».

Source: Bengoshi News

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