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**majestictwelve** · 05-08-2012, 06:39 PM

Getting tough on rape

THONGBAI THONGPAO
Bangkok Post
May 11, 2008

News of violence against women, mostly rapes, is rampant today. The crimes have been committed both by acquaintances of the victims as well as strangers, and have happened both in Bangkok and in the provinces.

Last month, a lecturer at a top Bangkok university asked a student to perform oral sex on him in exchange for a better grade.

Later, a Laotian male inmate in Lop Buri sought help when he was raped four times by a fellow prisoner. After investigating the complaint and finding it had grounds, the warden took the prisoner to report the incident to the police to prosecute the offender.

A few weeks earlier, a 34-year-old beautician in Bangkok was abducted by a man on her way home after work. He took her to a room to rape her but she faked compliance and bit off his tongue. The police later arrested the man.

Later, a Grade 6 pupil was attacked by a man in a bathroom of her school, which is located in the compound of a monastery in Nonthaburi. He forced her to perform oral sex, and she bit off his penis. After the police caught him, they took him to re-enact the crime at the scene, where he was injured by outrageous onlookers.

These are sexual crimes that happen in Thai society today. Judging from the frequencies of the crimes these days, the offenders may not have known that the laws related to sexual offences have been amended with much heavier penalties, ranging from longer jail terms to execution.

The amendment No.19 to the Penal Code, which took effect on July 31, 2007, revised Section 276 to read: "Anyone who rapes another person by threat in any form, by force to put the person in a position where he or she could not resist, or by leading him or her to mistake him or her as another person, is subject to a jail term from four to 20 years and a fine from 8,000 to 40,000 baht."

The description of the victim was changed from "a woman who is not his wife" in the original provision to "another person". The elimination of "a woman" aims to do away with the distinction between the sexes and protect boys or men as well. The phrase "who is not his wife" was scrapped by a popular request of women activists.

By the old definition, while a man might not rape other women, he could legally rape his wife, even when she is sick or not willing to have sex.

If the parties to a rape case are a man and wife who wish to remain married, the court is authorised to commute the penalty beyond what is prescribed by law as it sees fit. It may also impose conditions to control future behaviours instead of a penalty. In the event the court hands down a jail term and his/her spouse no longer wishes to stay married, he/she may inform his/her intention to the court who will then proceed to ask a prosecutor to file for a divorce on his/her behalf.

The amendment also marks another big step in widening protection. By using the unisex term of "another person", the law protects both males or a females.

This is especially helpful in child abuse cases where victims are boys. In the past, the offenders of boys were sometimes not prosecuted for lack of a legal framework and the most police could do was to prosecute offenders for lewd behaviour of which punishment was much lighter.

The interpretation of "rape" was also amended from "the forced penetration of a penis into a vagina" to "any act to achieve the sexual fulfilment of the offender against the will of the other person by using his/her sexual organ with the sexual organ, anus or mouth of the other person, or by using any other object with the sexual organ or anus of the other person".

As for the penalties, the amendment No.20, proclaimed on July 20, 2007 makes the penalties for sexual abuse heavier. If the victim is seriously injured during a rape, the penalty is a jail term from 15 to 20 years and a fine from 30,000 to 40,000 baht, or life imprisonment. If the victim dies as a result of the rape, the offender will be executed or face a life sentence.

If a weapon or explosives is used or the act is a gang rape which results in the death of the victim, the penalty is execution or life imprisonment.

These are what the laws prescribes. Since they took effect only a year ago, it remains to be seen whether they will deter crimes.

05-08-2012, 06:39 PM	#13
majestictwelve Join Date Oct 2005 Posts 515 Senior Member	Getting tough on rape THONGBAI THONGPAO Bangkok Post May 11, 2008 News of violence against women, mostly rapes, is rampant today. The crimes have been committed both by acquaintances of the victims as well as strangers, and have happened both in Bangkok and in the provinces. Last month, a lecturer at a top Bangkok university asked a student to perform oral sex on him in exchange for a better grade. Later, a Laotian male inmate in Lop Buri sought help when he was raped four times by a fellow prisoner. After investigating the complaint and finding it had grounds, the warden took the prisoner to report the incident to the police to prosecute the offender. A few weeks earlier, a 34-year-old beautician in Bangkok was abducted by a man on her way home after work. He took her to a room to rape her but she faked compliance and bit off his tongue. The police later arrested the man. Later, a Grade 6 pupil was attacked by a man in a bathroom of her school, which is located in the compound of a monastery in Nonthaburi. He forced her to perform oral sex, and she bit off his penis. After the police caught him, they took him to re-enact the crime at the scene, where he was injured by outrageous onlookers. These are sexual crimes that happen in Thai society today. Judging from the frequencies of the crimes these days, the offenders may not have known that the laws related to sexual offences have been amended with much heavier penalties, ranging from longer jail terms to execution. The amendment No.19 to the Penal Code, which took effect on July 31, 2007, revised Section 276 to read: "Anyone who rapes another person by threat in any form, by force to put the person in a position where he or she could not resist, or by leading him or her to mistake him or her as another person, is subject to a jail term from four to 20 years and a fine from 8,000 to 40,000 baht." The description of the victim was changed from "a woman who is not his wife" in the original provision to "another person". The elimination of "a woman" aims to do away with the distinction between the sexes and protect boys or men as well. The phrase "who is not his wife" was scrapped by a popular request of women activists. By the old definition, while a man might not rape other women, he could legally rape his wife, even when she is sick or not willing to have sex. If the parties to a rape case are a man and wife who wish to remain married, the court is authorised to commute the penalty beyond what is prescribed by law as it sees fit. It may also impose conditions to control future behaviours instead of a penalty. In the event the court hands down a jail term and his/her spouse no longer wishes to stay married, he/she may inform his/her intention to the court who will then proceed to ask a prosecutor to file for a divorce on his/her behalf. The amendment also marks another big step in widening protection. By using the unisex term of "another person", the law protects both males or a females. This is especially helpful in child abuse cases where victims are boys. In the past, the offenders of boys were sometimes not prosecuted for lack of a legal framework and the most police could do was to prosecute offenders for lewd behaviour of which punishment was much lighter. The interpretation of "rape" was also amended from "the forced penetration of a penis into a vagina" to "any act to achieve the sexual fulfilment of the offender against the will of the other person by using his/her sexual organ with the sexual organ, anus or mouth of the other person, or by using any other object with the sexual organ or anus of the other person". As for the penalties, the amendment No.20, proclaimed on July 20, 2007 makes the penalties for sexual abuse heavier. If the victim is seriously injured during a rape, the penalty is a jail term from 15 to 20 years and a fine from 30,000 to 40,000 baht, or life imprisonment. If the victim dies as a result of the rape, the offender will be executed or face a life sentence. If a weapon or explosives is used or the act is a gang rape which results in the death of the victim, the penalty is execution or life imprisonment. These are what the laws prescribes. Since they took effect only a year ago, it remains to be seen whether they will deter crimes.
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