5. LAWS RELATED TO SEXUAL ABUSE

Cases of sex crimes, but especially rapes, are considered serious offenses and are frightful to many women and parents whether of boys or girls. Today, statistics show that sex abuse can occur to any person of any sex or age. Let us take a look at the laws protecting women and victims from sexual abuse.

Provisions of the 9 offences concerning sex are as follows:

SECTION 276

Anyone who rapes a woman who is not his wife whether by threatening, attacking the woman who is unable to resist or making the woman misunderstand that he is the other person, will be imprisoned between 4 years and 20 years and be fined between 8,000 baht and 40,000 baht. If committing an offence as mentioned above by using weapons or explosives or committing an offence together with others like gang-raping, will be imprisoned between 15 years and 20 years and be fined between 30,000 baht and 40,000 baht or sentenced to life imprisonment.

SECTION 277

Anyone who rapes a girl whose age is not over 15 years and is not his wife regardless of whether the girl consented or not, will be imprisoned between 4 years and 20 years and be fined between 8,000 baht and 40,000 baht. If committing an offence as mentioned in the first paragraph with a girl not over 13 years of age, will be imprisoned between 7 years and 20 years and be fined between 4,000 baht and 40,000 baht or sentenced to life imprisonment. If committing an offence as mentioned in the first or second paragraph together with others like gang-raping and the girl does not consent or committing the offence by using weapons, explosives or other arms will be imprisoned for life. If the offence regulated in the first paragraph if committed to a girl under 13 years of age but not over 15 years of age and the girl consented and after the court permits the man and the girl to get married, the offender will not be punished. If the court permits the marriage at a time the offender is under punishment for such offence, the court will release the offender.

Section 277 bis

If an offence as mentioned in section 276, first paragraph or section 277, first or second paragraph is committed and it causes the victim

(1) serious injuries, the offender must be imprisoned between 15 years and 20 years and be fined between 30,000 baht and 40,000 baht or sentenced to life imprisonment.

(2) to die, the offender must be sentenced to death or life imprisonment.

Section 277 triple If an offence as mentioned in section 276, second paragraph or in section 277 third paragraph is committed and it causes the victim

(1) serious injuries, the offender must be sentenced to death or life imprisonment.

(2) To Die, the offence must be executed.

CONCLUSION. 

To be guilty of rape the following factors must be present:

1. Raping a woman who is not his wife.

2. Raping, constraining, coercing, attacking, or pretending to be someone that the woman must obey.

3. It must be intentional.

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Remark:

▪ Rape = The male genitalia penetrates the female genitalia even a little or up to ejaculation.

▪ Raping = forcible sex without female’s consent.

▪ Raping his own wife and there is a marriage certificate, is not guilty of a crime.

Sexual intercourse with a woman’s consent is not a crime unless she is under 13 years of age, even with her consent, it is still a crime.

Raping anyone who he is in charge of such as, his daughter, granddaughter, or students will have a more severe penalty.

SECTION 278

Anyone who is indecent to another who is over 15 years old by coercion or by violence or impersonating someone, will be imprisoned not more than 10 years or be fined not more than 20,000 baht or both.

SECTION 279

Anyone who is indecent to another who is under 15 years old and whether the person consents or not, will be imprisoned not more than 10 years or be fined not more than 20,000 baht or both be. If someone commits an offense listed in the first paragraph, by any coercion or violence and that person is unable to resist or impersonating someone, will be imprisoned for not more than 15 years or be fined not more than 30,000 baht or.

SECTION 280

If committing an offense as mentioned in sections 278 or 279 and caused to the defendant

(1) Serious injury. Then the offender must be imprisoned from 5 years to 20 years and be fined from 10,000 baht to 40,000 baht.

(2) To die, and the offender will be executed or receive life imprisonment.

The factors in which being guilty of indecency are as follows. -

1 Indecency to a person who is under 13 years old.

2 Intimidating and violating a person who is unable to resist or impersonating someone.

3 Must be intentional.

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Remark:

Indecency = actions of indecent manners causing embarrassment to a woman by impersonating her husband or her lover. Indecency to a juvenile under 13 years old although she consents, is still a crime.

If injury or death result, he or she will be punished severely. Indecency does not happen only to a woman; it can also happen to a man regardless of committed by a woman or a man. For the crime of rape and indecency, the offender will be severely punished as mentioned. If the crime is committed to:

1. A descendant, son, daughter, grandson, granddaughter, great grandson, great granddaughter within the law.

2. The students under your responsibility, not only as a teacher but also as a guardian.

3. Anyone who performing official duties.

4. Anyone who is in charge, is a guardian, or nursing legally.

In addition, some related sections are as follows.

SECTION 282

Anyone who, for the sexual gratification of others, engages to provide, tempts to take away, leading to indecency to boys or girls whether they consent or not, will be imprisoned from 1 to 10 years and fined from 2,000 baht to 20,000 baht. If committing any offense mentioned in the first part to anyone who is over 15 years old but not over 18 years old, the offender will be imprisoned from 3 years to 15 years and fined from 6,000 baht to 30,000 baht. If committing an offense stated in the first part to anyone who is not over 15 years, the offender will be imprisoned from 5 years to 20 years and fined from 10,000 baht to 40,000 baht. Anyone who. for the sexual gratification of others, gets someone else to supply, tempt to take away, as stated in the first, second or the third parts will be punished as regulated in the first, second, or the third parts depending on the case.

SECTION 283

Anyone who, for the sexual gratification of others, engages to provide, tempts others for indecency whether male or female by deceiving coercion, violence, immoral power or leading to pedophilia will be imprisoned from 5 to 20 years and fined from 10,000 baht to 40,000 baht. If the aforementioned crime is done to anyone whose age is between 15 and 18, the punishment will be 7 to 20 years imprisonment and 10,000 baht to 40,000 baht fine. If committed to a person who is under 15 years of age, the offender will be imprisoned from 10 to 20 years and fined from 20,000 baht to 40,000 baht or sentenced to life and those who supported that crime will be punished as regulated in the first, second, or third parts depending on the case. 

Section 283 bis

Anyone who abducts any person over 15 years old but not over 18 years old for an obscene purpose, even though that person consents, will be imprisoned not more than 5 years or fined not more than 10,000 baht or both imprisonment and fine. If they are children not over 15 years old, the offender will be imprisoned not more than 7 years or fined not more than 10,000 baht or both imprisonment and fine. Anyone who conceals any person who has been abducted by the first part or the second part will be punished by the law as stipulated in the first or the second parts according to each case. The guilt in the first part and the third part in some cases doing to the person over 15 years old is the guilt that may compromise.

SECTION 284

Anyone who allures others by deceiving, threatening, attacking, using power or raping will be imprisoned from 1 year to 10 years and fined from 2,000 baht to 10,000 baht Anyone who helps conceal that person will get the same punishment. This guilt can be compromised.

SECTION 317

Anyone abducting a person who is under 15 years old from parents, guardians, or care takers will be imprisoned from 3 years to 15 years and fined from 5,000 baht to 30,000 baht. Also, anyone doing anything against this section of law will get the same punishment. If getting benefits or alluring from this commitment, the offender will be imprisoned from 5 years to 20 years and fined from 10,000 baht to 40,000 baht.

SECTION 318

Anyone abducting a person more than 15 years old but not more than 18 years old without his or her consent, will be imprisoned from 2 years to 10 years and fined from 4,000 baht to 20,000 baht. Anyone buying or selling or taking that person was abducted will get the same punishment. If getting benefit or alluring the person, the offender will be imprisoned from 3 years to 15 years and fined from 5,000 baht to 30,000 baht.

SECTION 319

Anyone abducting a person under 15 years old but not more than 18 years old from parents, guardians or caretakers for any benefit or alluring without getting any consent from the person, will be imprisoned from 2 years to 10 years and fined from 4,000 baht to 20,000 baht. Anyone buying or taking the person mentioned will get the same punishment. 

The required components of abducting a child are:

1. Abducting from parents, care takers or guardians.

2. Not having the child’s consent.

3. Unreasonable commitment.

Remark:

Abducting children = Illegally taking away children who are immature from the surveillance of the parents or guardians whether they are willing or not. Abducting children whose ages are not over 13 years old and they are not willing is a crime. Anyone who buys or sells the children who have been abducted, will be punished the same as the one who abducts them. Those who take or buy the children to be prostitutes, or mistresses to someone, or for rape, will be seriously punished.

Abducting children who are over 13 years old but not over 18 years old even though they are willing and if taken for indecency or for trading for profit will be guilty of a crime similar to abducting for rape or prostitution.

HOW TO CONTACT THE POLICE

Notifications

To get convenient, rapid service and as required by law and by governmental regulation, when going to the police station, you should prepare the necessary documents such as the notice of rape, any documents which can be shown to the police, and the clothes of the person who was raped. There might be semen stains or other stains from the rape on the clothes. Also, any of the accused belongings that might have been dropped at the scene. Be sure to bring the house registration, the birth certification of the victim, any photos, the accused address and any other pertinent documents. All these documents must be shown to the police officers.

When bringing complaints to the enquiry officials, in addition to bringing the documents to be shown it would be good to bring any witnesses knowing or involved in the incident. This will help to finish the matter as quickly as possible.