「中英」她控告大学导师性骚扰，反遭导师之妻起诉通奸

控告自己的艺术史教授性骚扰的佐野名子（音）在东京。 Noriko Hayashi for The New York Times
TOKYO — The prominent art history professor and his student had finished dinner and were strolling along the river in Kyoto, Japan’s picturesque former capital, when they stopped at a bar.
东京——著名的艺术史教授和他的学生用完晚餐，沿着日本风景如画的旧都京都的河边漫步，在一家酒吧前停了下来。
For months, they had been spending a lot of time together, and the professor had already kissed her once in a park in Tokyo. Now, after drinks, he invited her to his hotel, where they had a sexual encounter that she said was against her will. He said it was consensual.
几个月来，他们在一起度过了很多时光，教授已经在东京的一个公园里吻过她一次。喝完酒后，他邀请她去他的酒店，他们在那里发生了性关系，她说那违背了她的意愿。而他说是双方同意的行为。
From that conflicted beginning, they embarked on a clandestine, decadelong relationship that included furtive meetings, volleys of amorous notes and several trips overseas.
这个双方有不同看法的事件是一段长达十年的地下关系的开始，其中包括偷偷摸摸的会面、一连串的情书和几次海外旅行。
Over time, the student came to believe that the professor had taken advantage of the power imbalance between them, and that she had never truly consented to any of it.
随着时间的推移，这名学生开始认为，教授利用了他们之间的权力不平衡，而这一切自始至终都没有得到她的同意。
When she finally broke off the relationship, she made an official complaint to the university and sued the professor for sexual harassment. Her argument: that he had exploited his position as her supervisor when she was 23 to groom her for sex, assault her and then fundamentally hold her under his sway for years.
当她最终断绝关系时，她向大学提出正式投诉，控告教授性骚扰。她的理由是：他在她23岁时利用他作为导师的身份来诱导她发生性关系，对她实施性侵，多年来完全将她玩弄于股掌之间。
But in a twist, she also found herself sued by the professor’s wife, accused of adultery and causing mental distress under Japan’s civil code, which views extramarital relationships as an infringement of the marriage contract.
但出乎意料的是，她还发现自己被教授的妻子起诉，被指控通奸并造成妻子的精神痛苦。根据日本民法，婚外关系被视为对婚姻契约的侵犯。
In the end, the wife won nearly $20,000. The professor was fired last year for, the university said, conducting an “inappropriate relationship.” But the young woman lost her case when the court ruled that the professor had never forced her to do anything against her will.
最终，妻子获得近2万美元赔偿。大学表示去年解雇了该教授，原因是与学生发展“不正当关系”。但是这位年轻女子败诉了，法院裁定教授从未强迫她做任何违背她意愿的事情。
The story of Meiko Sano, now 38, her professor, Michio Hayashi, 63, and his wife, Machiko, 74, highlights the tangled state of sexual power dynamics in Japan, where women rarely bring — much less win — cases for sexual harassment, and where the #MeToo movement has yet to take hold as it has in the West.
现年38岁的佐野名子（音）、63岁的教授林道郎和他74岁的妻子真智子（音）的故事凸显了日本性权力动态的纠缠不清，女性很少打性骚扰官司，更不用说胜诉了，并且“#我也是”(#MeToo)运动尚未像在西方那样站稳脚跟。
Sano knew her sexual harassment suit against Hayashi was a long shot. But she went through with it, she said in several interviews, to show how she had experienced “psychological abuse like grooming and gaslighting that Japanese are really not sure about.”
佐野名子知道她对林道郎的性骚扰诉讼不太可能成功。但她还是义无反顾，在几次采访中，她说这样做是为了表明，她经历了“像性诱导和煤气灯操纵这样的心理虐待，日本人其实不太知道该怎么看待”。
Although the case received muted attention in the Japanese news media, it roiled the Japanese art world and academic community, where, unlike in the United States, few universities prohibit relationships between professors and students. At the same time, rigid age and status hierarchies are culturally pervasive, making it difficult for subordinates — especially women — to say no to their superiors, experts say.
尽管日本新闻媒体对该案的关注冷淡，但它在日本艺术界和学术界引起了轰动，与美国不同，在日本，很少有大学禁止教授和学生之间的恋爱关系。与此同时，专家表示，日本文化中普遍存在年龄和地位上的严格等级制度，这使得下属——尤其是女性——很难对上司说不。
“Within Japan, there is this culture where we should all try to get along,” said Yukiko Sato, the director of Spring, a nonprofit advocacy group for sexual assault survivors. “So, if you are asked to have sex, you might find it difficult to say no.”
“在日本文化中，我们都应该努力和谐相处，”为性侵犯幸存者维权的非营利倡导组织春天(Spring)的负责人佐藤幸子（音）说。“所以，如果你被要求发生性关系，你可能会发现很难拒绝。”去年，上智大学校园里的学生。林道郎因发展“不当关系”被大学解雇。 Noriko Hayashi for The New York Times
In court, Sano repeatedly made that argument. But Japan’s laws on sexual assault do not mention consent, reflecting skepticism that anyone can be forced into sex without violence.
在法庭上，佐野名子一再提出这一论点。但日本关于性侵犯的法律没有提及性同意，这体现了一种怀疑主义，即是否有人会在没有遭受暴力的情况下被迫发生性行为。
“In terms of sexual assault, there has to be a great threat and the victim has to fight back,” said Mizuki Kawamoto, a lawyer who reviewed possible amendments to the country’s sex crimes laws. The current law, she said, does not protect people who “were coerced psychologically into saying yes.”
“在性侵犯方面，必须存在很大的威胁，而且受害者必须反击，”审阅了该国可能推出的性犯罪法修正案的律师川本瑞纪说。她说，现行法律并不保护那些“在心理胁迫下选择服从的人”。
By contrast, laws in the United States and some European countries take into account that a victim may not be able to consent because of illness or intoxication, or that an offender could exploit a situation of authority.
相比之下，美国和一些欧洲国家的法律包含受害人可能由于疾病或醉酒而无法同意的情况，或者犯罪者可能会利用身处权威位置的情况。
In court filings, Sano said that after the first sexual encounter with Hayashi, “since she wasn’t covered in bruises, she didn’t think of herself as a sexual abuse victim.”
法庭文件显示，佐野名子说，在与林道郎第一次发生性关系后，“因为她身上没有瘀伤，所以她没有认为自己是性侵犯的受害者。”
The judge’s ruling, in March, acknowledged a gray zone between coercion and consent, deeming it “suitable” that Hayashi had been fired. But in tearful remarks, Sano said the judgment did not take “into account what someone who is in a higher position than you can actually do to your psyche.”
法官在3月的裁决中承认胁迫和同意之间存在灰色地带，认为林道郎被解雇是“合适的”。但佐野名子含泪在陈词中说，判决没有考虑到“比你地位更高的人实际上会对你的心理造成什么影响”。
Although Sano lost the case, the court ordered the professor to pay her 1.28 million yen (nearly $9,800), to take responsibility for his share of the penalties imposed on her in his wife’s lawsuit.
尽管佐野名子输了官司，法院还是判令教授向她支付128万日元（近9800美元），这是他的妻子通过诉讼从佐野名子那里获得的赔偿中理应由他来负担的部分。
Tomoe Yatagawa, who lectures on gender law at universities in Tokyo, said Machiko Hayashi’s suit might seem “a bit strange” when the marital contract was between husband and wife, yet Sano was held responsible for breaking it. But experts say these cases are not rare.
在东京多所大学教授性别法的谷田川知惠说，林真智子的诉讼可能看起来“有点奇怪”，婚姻契约是丈夫和妻子的契约，但佐野名子却要为违反契约负责。但专家表示，这样的案例并不少见。
Machiko Hayashi, who declined to comment for this article, said in court filings that she resented her husband for committing adultery but that she did not believe he was guilty of sexual harassment. She accused Sano of “pushing all the responsibility of their relationship onto my husband, as if she is wholeheartedly the victim.”
真智子拒绝对本文发表评论，在法庭文件中，她表示，她对丈夫通奸感到愤恨，但她不认为他犯有性骚扰罪。她指责佐野名子“把他们关系的所有责任都推到我丈夫身上，好像她是纯粹的受害者一样”。
Sano met the professor in 2004, when she was an undergraduate at Tokyo’s Sophia University, and enrolled in Hayashi’s art history course. He was a well-known specialist in modern Japanese art, with outspoken views on feminism and free speech.
佐野名子于2004年认识了这位教授，当时她还是东京上智大学的一名本科生，选修了林道郎的艺术史课程。他是著名的日本现代艺术专家，一直为女权主义和言论自由发声。
For a long time, their relationship was strictly academic. They discussed her graduate school ambitions. He offered to write her a recommendation and helped her secure an internship.
他们在很长一段时间里保持着单纯的学术关系。他们讨论了她上研究生院的理想。他主动提出给她写一封推荐信，并帮助她获得实习机会。
The summer and fall before she began her graduate studies in 2007, the boundaries between them began to blur as Hayashi started grooming her, she said, for a romantic relationship. He invited her to regular teas. She felt she could not refuse.
她说，在2007年开始研究生学习之前的那个夏天和秋天，林道郎开始诱导她开始一段情侣关系，他们之间的界限变得模糊。他经常邀请她喝茶。她觉得无法拒绝。
“He would make suggestions for reading or study sessions for grad school, and it felt like he had expectations for me,” Sano said. “And I felt like I couldn’t betray that.”
“他会为研究生院的阅读或学习课程提出建议，感觉他对我有期望，”佐野名子说。“而我觉得我不能辜负他。”日本当代艺术专家林道郎是佐野的导师。 Ujin Matsuo
Some advocates say Japanese institutions such as Sophia need clearer guidance about relationships between students and professors. The government recently called on universities to provide more information about counseling services for sexual harassment and violence, and to disclose when disciplinary actions are taken.
一些倡导者说，像上智大学这样的日本机构需要对学生和教授之间的关系有更明确的指导。政府最近呼吁大学提供更多关于性骚扰和性暴力心理咨询服务的信息，并在采取纪律处分时进行披露。
“Any relationship between a supervisor or professor and a student is by definition harassment” because of “the desire to please someone in power,” said Kazue Muta, a professor of sociology and gender studies at Osaka University.
“根据定义，导师或教授与学生之间的任何恋爱关系都是骚扰”，因为“存在取悦当权者的渴望”，大阪大学社会学和性别研究教授牟田和惠说。
Experts in sexual harassment say it will take more than legal action to change the culture.
研究性骚扰的专家表示，改变这种文化需要的不仅仅是法律行动。
“The commonly accepted view is that if a woman accepts a kiss or goes on a date then it’s consensual,” said Muta, who advocates university policies barring romantic relationships between professors and students. “We are struggling to change the climate, but we are not so successful yet.”
“普遍接受的观点是，如果一个女人接受一个吻或去约会，那就是双方自愿的，”牟田和惠说，她提倡大学出台政策禁止教授和学生之间建立情侣关系。“我们正在努力改变现状，但迄今还不算很成功。”
Sano said she was now in therapy, coping with post-traumatic stress disorder. She lives with her parents and has not been able to work full time since she left the art gallery in 2019.
佐野名子说她现在正在接受心理治疗，以应对创伤后应激障碍。她与父母住在一起，自从2019年离开美术馆以来一直无法全职工作。
One of her primary goals, she said, is to recover “my ability to say no.”
她说，她的主要目标之一是恢复自己“说不的能力”。