Topic 9 : Laws about sexual harassment.

Sexual harassment means actions that harass other people about sex. Not only words, eyes contact and actions, but also forceful acts such as rape. It is important to think about a woman’s feelings. Whatever actions cause a woman to be embarrassed, those are considered to be personal harassment and if the woman does not consent, they will be considered to be sexual harassment. Legislation defines 9 types of sexual harassment:

Sector 276- Whoever shall rape or violate a woman who is not their own wife by threats, force which a woman cannot resist or fraud, shall be imprisoned from 4 to 20 years and be fined from 8,000 to 40,000 baht. If a person commits offenses as above however using a gun or a bomb or commit these offences with others such as gang-rape, they shall be imprisoned from 5 to 20 years and be fined from 30,000 to 40,000 baht up to life imprisonment.

Sector 277- Whoever violates a girl who is under 15 years old who is not their own wife whether that girl is willing or not, shall be imprisoned from 4 to 20 years and be fined from 8,000 to 40,000 baht. If a person commits offenses as above but with a girl who is under 13 years old, shall be imprisoned from 7 to 20 years and be fined from 10,000 to 40,000 baht up to life imprisonment. If a person offend as above with other helping(gang-rape) and the girl does not does not consent or or use guns, bombs or violently assaulting the girl they shall receive life imprisonment. For offences as above, if a man violates a girl who is above 13 years old but under15 years old which a girl allows and after that the court allows the man and the girl to marry, the offender shall not be punished. If the court allows marriage while the offender is serving time, the court may let that offender go.

Section 277 Bi- If a person offends as in section 276 at the first paragraph or section 277 at the first paragraph or second paragraph which causes the victim to

(1) Be damaged seriously. The offender shall be imprisoned from 15 to 25 years and be finable from 30,000 baht or receive life imprisonment.

(2) If the offense causes death, the offender shall be executed or receive life imprisonment.

Section 277 Tri- If a person offends as section 276 at second paragraph or section 277 at third paragraph which causes the victim to

(1) Be damaged seriously, the offender shall be executed or receive life imprisonment.

(2) Cause death, the offender shall have to be executed.

An offense of sexual harassment must have these elements:

1. Violate a woman who is not their own wife.

2. Rape, forced sex by threats or physical force or fraudulently pretending to be someone that a woman loves and cannot deny.

3. The act must be intentional

Notice

Indecency = An action, that is vulgar and obscene, causing embarrassment to a who does not consent or assume a disguise to be her husband or her partner. To be indecent with a child who is under 13 years old, whether or not the child consents, if indecent with anyone and the person is injured or killed then offence will be greater.

Indecency is not necessarily only with a woman. Indecency with a man is also an offence. No matter whether the offender is a man or woman, for offences such as rape, violation and indecency, if more than one person is involved, with the punishment will be greater.

1. Descendant which is the legitimate child, grandchild, great-grandchild and child of grandchild.

2. Students that are under the offenders control which includes not only teachers but anyone who cares for the subject.

3. A person who is in government duty.

4. A person who is under legal administration, trust or guardianship. There are other sectors that are related,

Sector 282 Whoever finds, entices, commits an indecent act in order to satisfy onself or another’s sexual desire , no matter if male or female, whether it is voluntary or not, then the offender shall be imprisoned from 1 to 10 years and be fined from 2,000 to 20,000 baht. If the offence is with a person who is over 15 years old but less than 18 years old then the offender shall be imprisoned from 3 to 15 years and be fined from 6,000 to 30,000 baht. If the offence is with a person who is less than 15 years old, then the offender shall be imprisoned from 5 to 20 years and be fined from 10,000 to 40,000 baht. If the offense is for the sexual pleasure of another, than the punishment shall be the same as above.

Sector 283: Whoever finds, entices, commits an indecent act in order to satisfy oneself or another’s sexual desire, no matter if male or female, whether it is voluntary or not, and commits assault, intimidation or rape, then the offender shall be imprisoned from 5 to 20 years and be fined from 10,000 to 40,000 baht. If the offence is with a person who is over 15 years old but less than 18 years old then the offender shall be imprisoned from 7 to 20 years and be fined from 20,000 to 40,000 baht. If the offence is with a person who is less than 15 years old, then the offender shall be imprisoned from 5 to 20 years and be fined from 10,000 to 40,000 baht If the offense if for the sexual pleasure of another, than the punishment shall be the same as above. If the offender acted alone, they may be imprisoned from 10 to 20 years, fined from 20,000 to 40.000 baht with the possibility of life imprisonment or execution depending on the case.

Sector 283 Bi - Whoever indecently assaults a person who is over 15 years old but less than 18 years old whether voluntary or not shall have to be imprisoned less than 5 years and be fined less than 10,000 baht or both. If offence occurs with a child who is less than 15 years old, then the offender shall be imprisoned less than 7 years and be fined less than 14,000 baht or both. Whoever conceals a person who has been offended as above shall be imprisoned as above, depend on the situation. Whoever commits one of the above offenses with a person who is over15 years old, and then a compromise is possible.

Sector 284: Whoever indecently assaults, intimidates, forces, abuses or rapes under any conditions shall be imprisoned from 1 to 10 years and be fined from 2,000 to 10,000 baht. Whoever conceals a person who has been offended by one of the above, shall be punished the same as the offender.

Sector 317: Whoever takes a child who is under 15 years old away from parents, guardian or conservator without appropriate reason, shall be imprisoned from 3 to 15 years and be fined from 6,000 to 30,000 baht. Whoever buys or sells or accepts a child who has been abducted unlawfully, shall be the same as the offender. If this offence is committed for profit or includes an indecent assault, then the offender shall be imprisoned from 5 to 20 years and be fined from 10,000 to 40,000 baht.

Sector 318: Whoever abducts a child who is above 15 years but less than 18 years old away from parents, guardian or conservator and the child involuntarily be imprisoned from 2 to 10 years and be fined from 4,000 to 20,000 baht. Whoever buys, sells or accepts a child has been abducted unlawfully, shall be punished the same as the offender. If this offence is committed for profit or includes an indecent assault, then the offender shall be imprisoned from 3 to 5 years and be fined from 6,000 to 30,000 baht.

Sector 319: Whoever abducts a child who is above 15 years but less than 18 years old away from parents, guardian or conservator for profit or indecent assault even if that child consents shall be imprisoned from 2 to 10 years and be fined from 4,000 to 20,000 baht. Whoever buys, sells or accepts a child has been abducted unlawfully, shall be punished the same as the offender.

The offense of abducting a child is subject to these conditions.

1. Take a person away from parents, guardian or conservator

2. A person can go voluntarily or not

3. Without appropriate reason

4. By intention

Notice

Abduct a child = To bring a child who is not reached maturity away from parents, guardian or conservator and no matter the child goes voluntary or not. To take a child who is above 13 years old without his/her consent is an offence. Whoever buys and/or sells the child who was abducted shall be punished the same as the person abducted the child. If the child was abducted for the purpose of prostitution, rape or to be keep for sex, the punishment is more severe.

Abducting a child who is above 13 years old but less than 18 years old, even if she/he goes voluntarily for indecent purposes or profit (e.g. rape, prostitution, etc.) is also an offence.

Suggestions for contacting the police

Notifying the police

For convenience, rapidity, lawfulness and compliance with official rules, when you go to notify the police, you should bring all necessary documents with you. In the case of rape or indecent assault, bring any evidence that may assist them such as clothes that have semen or some mark caused by the rape any of the offender’s belongings that might have been left at the scene, address of the victim, pictures or the name and address of the offender and any other evidences. To notify police about the abduction of a child, the police will need such things as the child’s birth certificate, address, pictures and any other pertinent documents of the child

Remarks

To file a complaint with the investigator, it is important to provide accurate oral account from all witnesses and anyone who was on the scene. The investigator will wish to interview these persons and having them present will allow the police to pursue your case much faster.

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