Past studies show that in Thailand, the number of rape cases over the past years has been on the rise. To put an end to this, Thailand government had amended its own rape laws. Prior to the enactment of the amended rape law of Thailand, the Criminal Code of Thailand primarily governs all rape related incidents. Under Section 276 of said Code, any person who commits sexual intercourse with a woman who is not his wife, and against the latter’s will, by threatening her, or doing any act of violence, or by taking advantage of her being in a condition where there is less resistance, shall be punished with imprisonment for a period of 4 to 20 years and a fine which ranges from 8, 000 Baht to 40, 000 Baht.
As mentioned, the enactment of the amendment in the said section of the Code, the crime of rape nowadays in Thailand cannot only be committed by a man against a woman, but also by a woman against a man, or a man against a man or a woman against a woman. Hence, this covers cross gender incidents.
Because of the clamor for equal protection, rape laws in Thailand now include marital rape. Marital rape is committed when a spouse forces his or her spouse to have sexual intercourse with him or her. Both the husband and wife can commit this marital rape. Hence, spouses are now protected against sexual abuse by their own spouse.
Under the Criminal Code of Thailand, when rape is committed through the use of gun or explosives or with aid of persons, making their victim vulnerable, the offenders shall be imprisoned for a period of 15-20 years and shall be fined with 30,000-40,000 Baht.
If the victim of rape is a minor who is not over 15 years of age, whether the sexual intercourse was with or without the consent of the victim, the offender shall be imprisoned for 20 years and shall pay a fine ranging from 8,000-40,000 Baht. If the victim is not over 13 years of age, the offender shall be imprisoned for 7-20 years. If the rape was committed to a minor and the offender is armed with a gun or explosives, the offender shall be imprisoned for life. However, if the victim is over 13 years of age but not over 15, and the sexual intercourse was made with her consent, and the offender ask the offended party to marry him, and the latter agreed to the same, the punishment for the offender shall not be imposed upon him. The same is true when during the pendency of the trial, the court grants the marriage of the victim and the offender, the punishment shall not be served. The laws with regards to rape in Thailand always need a criminal lawyer in Thailand to view what the best options are.
Laws are changing as they say. But it is obvious that the changes made by Thai authorities to laws covering rape cases in Thailand were enacted to achieve a better Thailand.
