User talk:Nederlandse Leeuw/Archive 2

File tagging File:Saudi Teen Granted Asylum in Canada.webm

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Gyrostat (talk) 13:55, 12 March 2020 (UTC)

File:Celebrating Dissent - Fighting the Far-Right.webm

File:Celebrating Dissent - Fighting the Far-Right.webm has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Gikü (talk) 10:35, 19 June 2020 (UTC)

File:Celebrating Dissent - Separation of Religion and State.webm

File:Celebrating Dissent - Separation of Religion and State.webm has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Gikü (talk) 10:41, 19 June 2020 (UTC)

File:Apostasy laws world map.svg

Hi,

thank you for your work on the map of apostasy laws! It seems that the current version misses the legend for the yellow color. My understanding is that it should be "Loss of child custody/marriage". I do not have the rights to add it, could you help?

Thanks!

Strawhat42

South Sudan border

Hello.

Can you add the border of South Sudan in File:Sign language families.svg?

I am adding South Sudan (as well as Montenegro and other possible missing updates) in the PNG and GIF maps in Category:Maps needing South Sudan political boundaries and then remove this category after updating them. There were close to 1100 maps since I started to update these files on 1 March 2018, now it is reduced to less than 500 maps, but there is a long way to go.

Yours sincerely, Maphobbyist (talk) 20:44, 10 July 2020 (UTC)

File:Jumbo Respeggt shelf talker.jpg

File:Jumbo Respeggt shelf talker.jpg has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

acagastya 15:57, 15 July 2020 (UTC)

Decolorizing Greenland and the Faroe Islands on the map

Hello,

maybe you can decolorize Greenland and the Faroe Island on this map because they were not included in the survey and it is known that they don't belong to the European Union in any way: https://en.wikipedia.org/wiki/File:Largest_(non-)religious_group_by_EU_member_state_-_Eurobarometer_2019.svg. HeliosX (talk) 19:53, 28 September 2020 (UTC)

License Review

Beste Nederlandse Leeuw, Dank voor de afbeelding van Eva van Esch. Ook de licentie is netjes in orde. Toch heb ik er een vermelding {{License Review}} bij gezet, zodat de gegevens ook vastgelegd worden, en je later geen gezeur krijgt als de uploader de licentie onverhoopt op YouTube verandert. Vysotsky (talk) 16:25, 7 November 2020 (UTC)

Ok prima, bedankt! Nederlandse Leeuw (talk) 17:07, 7 November 2020 (UTC)

File:Female genital mutilation laws by country map.svg

Dear Nederlandse Leeuw,

I believe the data for Iran should be updated in Female genital mutilation laws by country map.svg to reflect that there is a "general criminal provision that might be used to prosecute FGM cases."

Your main source "Female genital mutilation/cutting: a call for a global response" mentions that there is no specific law against FGM/C (Page 32). This is correct. However, Article 269 of the Iranian Islamic Penal Code of 1991 outlaws FGM under "intentional amputation or mutilation" without specifically naming FGM. (See https://fa.wikisource.org/wiki/%D9%82%D8%A7%D9%86%D9%88%D9%86_%D9%85%D8%AC%D8%A7%D8%B2%D8%A7%D8%AA_%D8%A7%D8%B3%D9%84%D8%A7%D9%85%DB%8C_%D8%A7%DB%8C%D8%B1%D8%A7%D9%86/%DA%A9%D8%AA%D8%A7%D8%A8_%DB%B3_-_%D9%82%D8%B5%D8%A7%D8%B5#%D9%85%D8%A7%D8%AF%D9%87_%DB%B2%DB%B6%DB%B9 for the text of the law in Persian wikisource).

Best wishes, an Iranian lawyer

Dear Iranian lawyer,

Interesting. Do you have any reliable source which has interpreted Article 269 of the Penal Code of Iran as meaning a prohibition on female genital mutilation? Because I just googled it and I cannot find anyone even arguing that FGM falls within Article 269. Maybe there is no text in English but there is one in Persian? As long as you cannot provide evidence that Article 269 is interpreted by experts as including a ban on FGM, or if there has been a judge who ruled that it does, your interpretation counts as original research, and that is not allowed on Wikipedia. Cheers, Nederlandse Leeuw (talk) 14:18, 25 November 2020 (UTC)

I actually did some more research and found an explicit mention in Iranian law. Article 663 of the Islamic Penal Code of 2013, explicitly mentions that "Mutilating or injuring either side of a woman's genitals shall carry the Diya penalty equal to half of the full Diya. Mutilating or injuring parts of the genitals shall have a proportionate penalty based on the level of injury." It then goes on to say that there is no difference based on virginity, health, age, etc in the application of this rule. See this website for the full text of the law in Persian (Google translate can help, dates are mentioned in the Solar Hijri calendar that is official in Iran): https://www.ekhtebar.com/%D9%85%D8%AA%D9%86-%D9%82%D8%A7%D9%86%D9%88%D9%86-%D9%85%D8%AC%D8%A7%D8%B2%D8%A7%D8%AA-%D8%A7%D8%B3%D9%84%D8%A7%D9%85%DB%8C-%DA%A9%D8%AA%D8%A7%D8%A8-%D8%A7%D9%88%D9%84-%D8%AA%D8%A7-%DA%86%D9%87%D8%A7/ This is the website of the Tehran bar association's news agency. Here's the same text on the website of the Iranian Parliament: https://rc.majlis.ir/fa/law/show/845048. (This is also in Persian and Google screws up the numbers in translation. You might have to look at 662 or 664). I think the data should be updated based on this explicit mention.

Also take a look at the Wikipedia article "Diya (Islam)". Basically, the victim can always choose between "Qisas" or "Diya". Article 17 of the same law defines the scope of Diya in Iran. Notably, Diya is only applicable to "criminal actions" with separate criteria for intentional and unintentional "crimes".

I am not sure how this rule will be applied in court, though (court records are not public). Article 12 of the Iranian constitution explicitly provides freedom for all minority Islamic sects to follow the Islamic rulings of their own jurisprudence. One sect that is explicitly named in the same article is the "Shafi'i". As far as I know, FGM is compulsory in Shafi'i Fiqh. So, theoretically speaking, a follower of the Shafi'i sect might be able to strike down article 663 above in favor of their constitutional rights.

Notification about possible deletion

Some contents have been listed at Commons:Deletion requests so that the community can discuss whether they should be kept or not. We would appreciate it if you could go to voice your opinion about this at their entry. If you created these pages, please note that the fact that they have been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with them, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Affected:

• File:Evolution of clone trooper & stormtrooper armour, illustrated by cosplayers.png

Yours sincerely, Yuraily Lic (talk) 07:44, 1 July 2021 (UTC)

Polio vaccination travel requirements map

Greetings! Would you mind to edit your map and mark Crimea the same colour you marked Ukraine (green) since Crimea is a territory of Ukraine?

https://commons.m.wikimedia.org/wiki/File:Polio_vaccination_travel_requirements_map.svg#mw-jump-to-license

Thanks in advance! Львіу (talk) 20:25, 28 October 2021 (UTC)

File:Fianna Fáil logo.png

File:Fianna Fáil logo.png has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

HighKing (talk) 12:48, 12 November 2021 (UTC)

Correction request

Hello.

Can you add the border of South Sudan in File:Sign language families.svg (South Sudan does not have a sign language), File:Marry-your-rapist laws.svg, File:MaritalRapeMap.gif, File:Marital rape criminalized map.svg, File:Criminalization of marital rape map.svg (marital rape is not a criminal offence in South Sudan) and File:Marriage law.svg (both civil and religious marriages are recognized in South Sudan)?

Can you remove Greenland and the Faroe Islands in File:Largest (non-)religious group by EU member state - Eurobarometer 2019.svg? These two constituent countries of Denmark are not not part of the EU, nor were included in that Eurobarometer survey.

Thank you in advance. --31.200.17.140 15:38, 3 February 2022 (UTC)

Hi, I've fixed the last map, you're right about Greenland and the Faroes. About South Sudan, have you got evidence to prove your claims? Second, each of these maps requires splitting off South Sudan from Sudan; I'm not skilled enough to do that, so I hope you can find someone else to do that for you. Cheers, Nederlandse Leeuw (talk) 16:21, 3 February 2022 (UTC)

Thank you for the update. I could not find sources for South Sudan. I added Category:Maps needing South Sudan political boundaries in those files, for future requests for them to other users. --31.200.17.140 17:38, 3 February 2022 (UTC)

You're welcome, good luck. Nederlandse Leeuw (talk) 17:56, 3 February 2022 (UTC)

File:Tachtigjarigeoorlog-1579.png

Hello Nederlandse Leeuw,

I wonder whether you might be able to help with three problems reported on File:Tachtigjarigeoorlog-1579.png (Cambrai and the Cambrésis; the legend; the colours). If you can, thank you.

Frans Fowler (talk) 22:39, 29 May 2022 (UTC)

Hi Frans, unfortunately I'm a little busy with other things right now, and I doubt I have the skills to solve all three issues with File:Tachtigjarigeoorlog-1579.png (and File:Tachtigjarige oorlog-1579.svg) satisfactorily. I'd rather not upset Stuntelaar's / Henk Boelens' colouring schemes; the shades of orange are an attempt at portraying the relative allegiance of particular provinces, regions, towns and districts with the Union of Utrecht versus their non-alignment, which continues to be a source of debate amongst historians.

I also think there is more work to do on finding out the exact legal status of all these lands, e.g. not just the Cambrésis but also the County of Saint-Pol, Tournai and the Tournaisis. To take Saint-Pol as an example, the French Wikipedia currently says: 'From the death of the constable of Saint-Pol [1547], the county is the object of systematic conflicts. Due to its geographical location, it found itself at the heart of the rivalry between the Habsburgs and the Valois. Almost entirely landlocked in the county of Artois, it was claimed by the two powers: the Valois considered it a moving fief of the county of Boulogne, the Habsburgs as a moving fief of the county of Artois. It is therefore regularly ravaged and occupied by Charles V, Francis I, Henry II, then Philip II of Spain. The county thus changes hands very regularly and the Bourbon-Saint-Pols were occasionally compensated by other fiefs, such as the county of Montfort. The conflict was not finally settled until the 17th century with the gradual annexation of Artois by France.'

What you have inspired me to do, though, is to track down the original text of the 1493 en:Treaty of Senlis. A more detailed study of that and other relevant treaties and documents may hopefully illuminate the status of these territories anno 1579. If we do not find a proper answer first, we could be changing these maps with futility for a long time. I have similarly endeavoured to retrieve the original texts of other early modern treaties in recent months/years, because the primary sources sometimes need to help out wherever the literature is contradictory. The question how one should count the alleged 'en:Seventeen Provinces' is how I eventually found out Cambrésis was not one of them, because it was neither mentioned in the Transaction of Augsburg of 1548, nor the Pragmatic Sanction of 1549. Cheers, Nederlandse Leeuw (talk) 19:13, 30 May 2022 (UTC)

Thank you, Lion, for your detailed and fascinating reply and your determined interest in the subject. And sorry for my late response: I'm not on Commons very often. Frans Fowler (talk) 14:20, 20 July 2022 (UTC)

@Frans Fowler: You're welcome! Incidentally, a few days ago I wrote a post on Category talk:Battle fronts of the Eighty Years' War#Some issues where I explained a bit more about the problems that many of these Eighty Years' War maps have, and why 1579 is a particularly difficult year to visualise in a map. I've highlighted an example of a map that does it particularly bad, and is really misleading. But again, unfortunately I don't have all the answers nor the skills or time to fix all of it. I just do some things here and there when I can. Cheers, Nederlandse Leeuw (talk) 14:27, 20 July 2022 (UTC)

PS: I fixed the colouring of Cambrai and the Cambrésis in this map myself now, using some ad hoc Paint skills. I saw that you can read Dutch quite well, so you might also be interested in the upstart List of governors of Cambrai and the Cambrésis I created yesterday. Despite its formal nominal independence, and not being a part of the Habsburg Netherlands, Seventeen Provinces, Burgundian Circle etc. etc., the Holy Roman Emperor and or Spanish king were able to appoint (military?) governors over the city of Cambrai where they had a Spanish garrison from at least 1543 to 1576, and again from 1595 to the annexation by France per the 1678 Treaties of Nijmegen. This Boudewijn van Gavere(n) dude (or Baudoin de Gavre in French) appears to have occupied the city of Cambrai in 1576 with troops raised by the States of Hainaut, and held it firm throughout Parma's 1580-1581 siege, but was deprived of his command by Francis of Anjou, who seems to have put the city in French control until the 1595 siege. There's one source claiming the French took the city in 1589, but from whom? They seemed to have been in possession of it ever since 1581. In either case, these episodes made Cambrai an area that was dragged into the war even though it had no representation in the States-General who signed the 1576 Pacification of Ghent. But its interesting that Philip of Noircarmes was made governor of Hainaut and Cambrai simultaneously between 1566 and 1574, as if these territories belonged to a larger whole. Philip II was treating Cambrai as if it really was part of the Habsburg Netherlands, but without giving it representation in the States-General etc. Strange. There was still a nominally independent prince-bishop sitting in Le Cateau, who was presumably less than happy with having a Spanish garrison and governor placed over him, but powerless to do anything about it because of his geographical isolation from the rest of the Holy Roman Empire and the Westphalian Circle that he belonged to. Cheers, Nederlandse Leeuw (talk) 15:04, 20 July 2022 (UTC)

File:Linkse Socialistische Partij (cropped).png

File:Linkse Socialistische Partij (cropped).png has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Welkend (talk) 16:14, 1 October 2022 (UTC)

File:ZSU capture abandoned Russian ammo storage in Blahodatne.webm

File:ZSU capture abandoned Russian ammo storage in Blahodatne.webm has been marked as a possible copyright violation. Wikimedia Commons only accepts free content—that is, images and other media files that can be used by anyone, for any purpose. Traditional copyright law does not grant these freedoms, and unless noted otherwise, everything you find on the web is copyrighted and not permitted here. For details on what is acceptable, please read Commons:Licensing. You may also find Commons:Copyright rules useful, or you can ask questions about Commons policies at the Commons:Help desk. If you are the copyright holder and the creator of the file, please read Commons:But it's my own work! for tips on how to provide evidence of that. The file you added has been deleted. If you have written permission from the copyright holder, please have them send us a free license release via COM:VRT. If you believe that the deletion was not in accordance with policy, you may request undeletion. (It is not necessary to request undeletion if using VRT; the file will be automatically restored at the conclusion of the process.) This file is a copyright violation for the following reason: Watermarked Reuters and The Sun. Unlikely to be created by the Ukrainian Ministry of Defense, even if said organization posted it on their Twitter account. Warning: Wikimedia Commons takes copyright violations very seriously and persistent violators will be blocked from editing.

 

–Novem Linguae (talk) 18:24, 13 November 2022 (UTC)

Oh, perhaps you're right. Then the MoD would be in copyvio. Then delete is the right course of action. Nederlandse Leeuw (talk) 19:05, 13 November 2022 (UTC)

File:Some say we are made of steel.webm

 

Pay attention to licensing

Wikimedia Commons only accepts free content: images and other media files that can be used by anyone, for any purpose. File:Some say we are made of steel.webm seems to be free (or it would be proposed for deletion), but it was identified as having a wrong license. Usually, it is because a public domain image is tagged with a free license, or because the stated source or other information is not sufficient to prove the selected tag is correct. Please verify that you applied the correct license tag for this file. If you believe this file has the correct license, please explain why on the file discussion page.

The reason given by the user who added this tag is: This video is not a "symbol or sign", as stated in the license

–Novem Linguae (talk) 18:29, 13 November 2022 (UTC)

P.S. You've got too many templates trying to load on this page so new templates like this one aren't loading. To fix, might want to set up auto archiving. Hope this helps. –Novem Linguae (talk) 18:57, 13 November 2022 (UTC)

@Novem Linguae: thanks for the tip! How do I do that? I've never heard of auto-archiving here. Nederlandse Leeuw (talk) 19:02, 13 November 2022 (UTC)

I don't edit on Commons much, but Commons:Talk page guidelines#Automated_archiving looks promising. Hope this helps :) –Novem Linguae (talk) 19:07, 13 November 2022 (UTC)

Thanks! Nederlandse Leeuw (talk) 19:10, 13 November 2022 (UTC)

File:ZSU in Mohyliv-Podilskyi.png

File:ZSU in Mohyliv-Podilskyi.png has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

CAPTAIN RAJU^(T) 18:05, 30 November 2022 (UTC)

Notification about possible deletion

Some contents have been listed at Commons:Deletion requests so that the community can discuss whether they should be kept or not. We would appreciate it if you could go to voice your opinion about this at their entry. If you created these pages, please note that the fact that they have been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with them, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Affected:

• File:Miss Monique in Ukraine, Kyiv.webm

Yours sincerely, RZuo (talk) 23:51, 28 January 2023 (UTC)

Update request

Hello.

Can you update France by coloring it to purple in File:Bullfighting laws world map.svg? In France, Spanish-style bullfighting is not banned and is practiced exclusively in the south of the country.

Please see the sources about the legal status of Spanish-style bullfighting in France.

Yours sincerely, 31.200.9.207 17:07, 8 March 2023 (UTC)

The map is accurate as it is. France is lightblue, meaning "Nationwide ban on bullfighting, but some designated local traditions exempted", which is exactly what you say, so there is no need to make France purple. I see you have already removed your previous comment about Spain; perhaps you have read that the regional and local bans were overturned by the Constitutional Court in 2016 and therefore have no legal validity. Bullfighting remains legal throughout Spain. So there's nothing to update, the map is accurate. Nederlandse Leeuw (talk) 17:12, 8 March 2023 (UTC)

File:The Atheist Experience logo episode 22.12.png

File:The Atheist Experience logo episode 22.12.png has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

DCB (talk) 14:24, 1 April 2023 (UTC)

File:Soheil Arabi 2014.png

File:Soheil Arabi 2014.png has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

HeminKurdistan (talk) 18:52, 17 August 2023 (UTC)

File:Eet vlees, geen dieren. Tijd voor kweekvlees - Tjeerd de Groot (D66).webm

File:Eet vlees, geen dieren. Tijd voor kweekvlees - Tjeerd de Groot (D66).webm has been listed at Commons:Deletion requests so that the community can discuss whether it should be kept or not. We would appreciate it if you could go to voice your opinion about this at its entry. If you created this file, please note that the fact that it has been proposed for deletion does not necessarily mean that we do not value your kind contribution. It simply means that one person believes that there is some specific problem with it, such as a copyright issue. Please see Commons:But it's my own work! for a guide on how to address these issues. Please remember to respond to and – if appropriate – contradict the arguments supporting deletion. Arguments which focus on the nominator will not affect the result of the nomination. Thank you!

Dajasj (talk) 18:24, 28 November 2023 (UTC)

Sexual violence legislation in Japan

Hello. I see you change the color of Japan in File:Consent-based and coercion-based sexual violence legislation world map.svg. I would like to remind you that Japan have amended their criminal code in June 2023 and the sexual violence offense now is more like consent-based type. You can see [1] or search google:Japan sexual violence 2023 amend. It's my fault to not edit the summary in the file.

Also, in Taiwan, their provisions read, 'A person who by threats, violence, intimidation, inducing hypnosis, or other means against the will of a male or female and who has sexual intercourse with such person (...).' I think the wording "against the will" could be interpreted as consent-based type. Teetrition (talk) 01:44, 24 March 2024 (UTC)

@Teetrition Hello, thank you for bringing this to my attention, I was honestly not aware that Japan had amended its legislation. I must have missed the news. I checked all the changes you made to the map, and couldn't find this amendment in Japanese legislation. But I see confirmation in some reliable sources:

https://www.npr.org/2023/06/17/1182659759/japan-rape-law-nonconsensual-sex-age-consent-16

https://edition.cnn.com/2023/06/16/asia/japan-sex-crimes-penal-code-reform-intl-hnk-dst/index.html

However, I cannot find a proper English translation of the relevant articles (which seem to be Article 176 and 177 of the Penal Code of Japan combined). https://elaws.e-gov.go.jp/document?lawid=140AC0000000045 Here is the official legal text in Japanese. As far as I understand machine translations from Google Translate and DeepL (the latter provides more clarity), Article 176 describes preconditions, namely that the suspect renders the victim incapable of properly expressing genuine consent or non-consent, or renders the victim incapable of resisting: (Non-consensual sexual intercourse, etc.). Article 177. Any person who, through any of the acts or reasons listed in the items of paragraph 1 of the preceding Article or any other similar acts or reasons, causes a person to be in a state where it is difficult for the person to form, express or fulfil his/her intention not to consent, or takes advantage of such state, has sexual intercourse, anal intercourse, oral cavity intercourse or any sexual intercourse with a body part (excluding the penis) in the vagina or anus... In other words, it would seem as though the suspect still has to use some sort of coercion first in order to have "non-consensual sexual intercourse" with the other person.

The only exception I see to this might be Article 176. iv (iv) Inducing or being in a state of sleep or other state of unconsciousness. (emphasis by me). This suggests that there are certain scenarios in which the suspect does not have to do anything in order for the other person to be incapable of consenting. On the other hand, there seems to be no freely given or affirmative consent; only a quite exhaustive list of scenarios in which the law has determined that the other person is incapable of consenting. Generally, such legislation is good for the protection of would-be victims, but the core definition of "consent-based" is that there is freely given or affirmative consent, and that if you remove all circumstances, the standard situation is a lack of consent. Japanese law (like most legal systems around the world; Texas, Switzerland and the Czech Republic come to mind) seems to think everyone is consenting to have sex 24/7 until they either express non-consent, or the law determines that they automatically do not consent in a scenario where they are deemed incapable of consenting.

I'll try and rephrase the Japanese provision soon (tomorrow?), but despite the significantly increased role of consent, I see no reason to move it to a consent-based (blue) model just yet.

As for Taiwan, I'm afraid that against the will is a notoriously ambiguous phrase, which has been subject to criticism in jurisdictions such as Germany and the Netherlands. In the Netherlands, where I live, a bill was proposed in 2019 to revise rape legislation as "sex against the will", but due to the issues this caused in neighbouring Germany, this was later revised to "sex without consent" (and this revised bill was passed into law 5 days ago). But regardless, the first part of the sentence makes clear that the suspect needs to use coercion in order to commit the crime: by threats, violence, intimidation, inducing hypnosis, or other means. In a consent-based model, it does not matter what means a suspect uses. All that matters is that the other person did not give the suspect consent, and yet the suspect proceeded to initiate sexual acts anyway. The use of coercion such as violence or threats can only constitute aggravating circumstances which may result in additional penalties, but it is no longer a constituent element of the crime of sexual assault.

I also wish to thank you for highlighting Hong Kong. That jurisdiction genuinely appears to have switched to a consent-based model in 1978 with Section 118 3. (a+b). Nederlandse Leeuw (talk) 02:33, 24 March 2024 (UTC)

Thank you for your exhaustive interpretation. The official translation of the Penal Code of Japan has not been updated yet (last updated in 2017). IMHO, there's a condition that is between coercion-based and consent-based. Just like Japan and Taiwan, they have made effort to change their previous completely coercion-based legislation. As for Japan, in 2017 and 2023. As for Taiwan, in 1999. Before 2023 and 1999, they are completely coercion-based. So I wonder whether we can use another color to represent it? Teetrition (talk) 06:22, 24 March 2024 (UTC)

@Teetrition You're welcome. Although it's not a very nice topic at all, I've tried to become an expert in all legislation around the world in this field, and gather all the information on en:Sexual consent in law. This map is an effort to visualise all the data gathered there. The colour is intended as an approximate indication of how legislation regarding sexual violence technically works in each jurisdiction. It can only be an imperfect approximation of the legislation itself, jurisprudence, and literature plus news coverage.

The question is: how does the law work?

• If the basic assumption is that no human being consents to sex, unless they say so (verbally or non-verbally), then the law is consent-based, also known as "only yes means yes". This is the case in jurisdictions such as Hong Kong (thanks for pointing it out!), Australia, New Zealand etc. I have given that the colour blue.
• If the basic assumption is that every human being who does not want to have sex will resist if another person seeks to initiate sexual acts with them, unless they are incapable of resisting or consenting, then this is known as "coercion-based" (or "no means no") in the literature. I have given this the colour green. Even if you've got a very, very long list of scenarios and circumstances in which the law deems the other person incapable of consenting, they still have no freely given or affirmative consent. In practice, the legal situation in a consent-based jurisdiction and a coercion-based jurisdiction with a long list of 'incapable of consenting' scenarios will be very similar, but it's always hypothetically possible that the lawmakers forgot to enshire certain scenarios into law and a suspect cannot be convicted for what they have allegedly done without the victim's consent.

I'm afraid I can't make an arbitrary decision how long a list of 'incapable of consenting' scenarios needs to be before we can change a jurisdiction from green to blue, despite how much efforts have been undertaken in Japan and Taiwan to have consent play a larger role in legislation. Because the basic assumption stays the same that a would-be victim will resist, and that a suspect will seek to undermine their capacity to resist or make a proper judgement or form an opinion on whether to consent or not, all of which is another way of saying that the suspect needs to use coercion in order to perpetrate a crime. Now, as I highlighted above, Japanese law does provide several scenarios in which the suspect does not have to do anything, such as the victim already being asleep or unconscious, so there is no use of coercion; however, these are still 'incapable of consenting' scenarios. Unless I have missed something, there is no scenario in Japanese law in which the law deems that there is a lack of consent on the part of the victim if there is nothing to undermine the victim's capabilities and nothing which the suspect does to undermine those capabilities. There is no obligation for the suspect to verify the other person's consent, nor to receive other person's consent, before initiating sexual acts. In consent-based jurisdictions, suspects are required to verify and receive consent. That's the difference.

As I said above, Texas, Switzerland and the Czech Republic came to my mind as similar to the current Japanese situation. Quoting from "Sexual consent in law # Czech Republic":

Czech Republic: In December 2023, the Czech government published a bill proposing to reform legislation towards a "no means no" coercion-based approach, with expanded provisions of scenarios in which the other person is automatically considered legally incapable of consenting, and recognising additional means of indicating non-consent or resistance, but not freely given or affirmative consent.[138] Parliament still had to take the government's proposal in consideration, and possibly submit amendments.[138] Klára Kocmanová, MP for the Czech Pirate Party which originally advocated an "only yes means yes" approach, commented: 'A definition based on lack of consent would be a simpler solution because we would not have to list situations in the definition of defencelessness. However, the proposal approved by the government today, a definition based on lack of consent with a well-defined defencelessness, is an acceptable compromise that has cross-party support and, above all, will improve the situation for victims.'[138]

Wouldn't you agree that this is quite similar to Japan's articles 176 and 177? Nederlandse Leeuw (talk) 11:22, 24 March 2024 (UTC)

Thank you. I know what you mean now and I agree with you. It's a painstaking and excellent work to research on that. Teetrition (talk) 12:07, 24 March 2024 (UTC)

@Teetrition You're welcome, and thank you for the information and updates you have provided for Japan, Taiwan, Macau and Hong Kong! I haven't yet covered all jurisdictions in the world, as you can see on the map. I began with Europe (and created a separate map for that), and after that the United States (also has a separate map), and then I began trying to document legislation across the world, starting from the countries with the largest population to the smallest. It can take a lot of time to even find a copy of the current Criminal/Penal Code of a jurisdiction, the relevant articles, and then a proper official, unofficial or machine translation of the relevant articles. Then I need to interpret them, if possible find reliable secondary sources to interpret them, to ensure I'm understanding it correctly, summarising the situation in "Sexual consent in law", and then decide what colour to give a jurisdiction on the map.

Cases like Japan and the Czech Republic are quite difficult to interpret, because the word "consent" is used all over the place, but I need to demonstrate whether the way the law works is consent-based or coercion-based.

Maybe the literature will come up with a new term to describe the situation for a coercion-based system with very extensive incapable of consenting scenarios, so much so that coercion plays virtually no role anymore and consent or lack thereof essentially determines whether a sexual crime took place. But I can't make it up as I go along; that would be original research. We need to follow reliable sources.

If you're interested, I could use some help in completing this map. You can read a lot of languages I do not know, and provide valuable information that I could miss. I appreciate what I've learnt from you already. Otherwise, have a good day. Nederlandse Leeuw (talk) 12:31, 24 March 2024 (UTC)