Japan sees long delays in disciplining doctors convicted of sex crimes
Doctors convicted of sex crimes in Japan are able to continue practicing for years before the government revokes their licenses or imposes other sanctions, with some practitioners reoffending while action is pending.
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Doctors who receive a fine or heavier punishment, or commit misconduct related to medical practice, are subject to license revocation, suspension from practice for up to three years, or a reprimand after the health minister decides based on recommendations from a panel of medical experts, which meets about three times a year.
An analysis of 48 cases from 10 recommendation rounds between July 2023 and this July found that the time from a guilty verdict to a sanction ranged from about one year and two months to 12 years and nine months, averaging about four years.
Fourteen cases involved committing indecent acts with patients at workplaces or during medical care, with the period prior to the imposition of sanctions ranging from about one year and two months to four years and eight months, with an average of around three years and three months.
There are no legal restrictions on practicing medicine prior to sanctions taking effect, with one doctor, who received a fine for sexual intercourse with a minor, convicted of child prostitution while he was working at a medical institution prior to his suspension.
The Ministry of Health, Labor and Welfare said the delays occur because it takes time to gather information on criminal penalties and to interview doctors.
Yu Tadokoro, co-head of the victims' group Spring, called for the prompt imposition of sanctions once guilty verdicts are finalized.
"Abuse by doctors is hard to detect and it is important to check administrative sanction histories to prevent harm," Tadokoro said.
The government is currently weighing whether to include medical institutions in the "Japanese DBS" system, starting Dec 25, that will require employers to consult a national database of sexual offenses when recruiting people for jobs that involve working with children.
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Dignity4Patients Commentary: The situation in Japan highlights the urgent need for robust safeguards to protect patients when doctors are accused or convicted of serious sexual offences. Importantly, Japan is now considering extending its DBS system to medical institutions, requiring employers to check a national database of sexual offences when recruiting for roles involving children. Ireland should be asking what equivalent protections are needed here. Leaving doctors to continue working while under investigation for serious crimes should be a crime in itself. Patient protection must be prioritised, and Ireland must ensure that regulatory and employment systems do not leave patients unnecessarily exposed to individuals who may pose a risk to their safety.
