The Protection of Patient's Sexual Autonomy in Medical Practice and the Concept of Consent in Criminal Law: A Comparative Legal Study between Japan and Italy, Based on the "Breast Surgeon Case" and the 2023 Reform of the Penal Code

This paper examines the protection of patients' sexual autonomy in medical settings through a comparative analysis of Japanese and Italian criminal law. Taking the 2023 reform of the Japanese Penal Code and the so-called 'Breast Surgeon Case' as its starting point, the study investigates how each legal system addresses non-consensual sexual conduct by medical professionals. The analysis reveals that Japan's typological approach and Italy's principled approach each face distinct challenges related to the principle of legality (lex certa), particularly regarding the clarity and predictability of criminal provisions governing sexual offences in medical contexts.