Honesty Resulted in Her Death Penalty
The story of Yaoya Oshichi
Yaoya Oshichi was a teenage girl that lived from the mid-1660s through the early 1680s in Edo (present-day Tokyo), Japan. In December of 1682, she fell in love with a temple page named Ikuta Saemon. She met him during a great fire of the Tenna Era where thousands perished. Her house was destroyed, which forced her to take refuge at the local temple, where she met Saemon.
The following year, hoping to meet Ikuta Saemon again, she attempted arson in order to recreate the circumstances that led to their first encounter and romance. Unfortunately for Yaoya Oshichi and fortunately for the residents of Edo, she was caught in the act by the authorities and was charged with attempted arson. Arson, even attempted arson, was a capital crime that was punishable by death in this time period. Fires were a serious threat to cities in Japan back then since homes were built with easily combustible material.
The magistrate who presided over her case knew that she was sixteen-years-old. Sixteen-year-olds were tried as adults for a capital crime, making them eligible for the death penalty.
Written birth records were spotty, so the magistrates had the authority to establish age by verbal testimony of the accused. Wanting to spare her life without breaking protocol and procedure, the magistrate asked the Yaoya Oshichi the following question:
“You must be fifteen years old?”
Yaoya Oshichi not understanding that the magistrate was trying to help her responded honestly: “I am sixteen years old.”
The magistrate, dumbfounded that she did not take the hint asked her again to confirm:
“You must be fifteen years old, are you not?”
Still not taking the hint that answering in the affirmative would have resulted in a lesser punishment, Yaoya Oshichi responded: “No sir, I am sixteen-years-old”
To the magistrate’s credit, he tried twice not to have to enforce the law as it was written. Still, he had to protect his credibility and authority.
He had no choice but to sentence Yaoya Oshichi to death. She was, perhaps ironically, burned at the stake at the Suzugamori execution grounds near Edo for her…
