Yes, are very likely to commit by male foreigners, because Thai girls are especially lovely and pretty. The offences may be as follows:
1. Rape is committed by having a sexual intercourse with another person without the person’s consent. The person may be cither a man or a woman. One important thing to be noted is that previously the husband could force his wife for sexuality. Though the wife did not allow, the husband was not guilty. But now the situation has changed because our law was amended in 2007. So a foreigner should be more careful about this. The offender may take the damaged person into a place where the person is unable to resist. Some may disguise himself to make the damaged person misunderstand him for another person to whom the person raped might have given consent. In such a case, there is on consent under the law. The punishment for the offence is very high, imprisonment is not lower than four years and the maximum is not more than twenty years, and fine not more than forty thousand baht. If the offence is committed with a weapon, the imprisonment is not lower than fifteen years but not more than twenty years.
However, if the rape is committed by the spouse of the damaged person, the court may punish the offender with less than the punishment provided by law.
In case the offending spouse is imprisoned, the other spouse can sue him for divorce. She may request the court to inform the public prosecutor to bring a divorce case for her.
2. Whoever has a sexual intercourse with a child not older than 15 years of age, who is not the person’s spouse though with the child’s consent, he is still guilty of rape and is punishable with imprisonment not lower than four years but not more than twenty years.
If the child is not older than 13 years, the offender shall be imprisoned not lower than seven years but not more than twenty years with a proportionate fine. The court may inflict imprisonment for life on the offender.
If the rape is committed by person in a group, the punishment is imprisonment for life.
Is the rapist still offensive if the court allows him to marry the damaged person?
Yes, he is still guilty but is exempted from being punished. However, such permission of the court is required only when the rapist is under 18 and the damaged person must be older than 13 though but not yet older than 15.
3. Indecent act of sexuality committed against the damaged person without his/her consent is guilty here. A man embraces a girl and kisses her with sexual feelings, for example, is guilty of the said offence; punishment for that is as high as a rape – imprisonment not more than 10 years and proportionate fine.
If the damaged person is under 15 years old, the imprisonment is as high as 15 years though the damaged person has given consent. A person under 15 years old here cannot give consent for being raped, neither to indecent sexual behavior.
If the damaged person is older than 15 years, the offence is compoundable. Suppose the offender gives some money to satisfy the damaged person and she later gives consent, the offender shall be free from punishment.
However, if the rape is committed by the spouse of the damaged person, the court may punish the offender with less than the punishment provided by law.
In case the offending spouse is imprisoned, the other spouse can sue him for divorce. She may request the court to inform the public prosecutor to bring a divorce case for her.
2. Whoever has a sexual intercourse with a child not older than 15 years of age, who is not the person’s spouse though with the child’s consent, he is still guilty of rape and is punishable with imprisonment not lower than four years but not more than twenty years.
If the child is not older than 13 years, the offender shall be imprisoned not lower than seven years but not more than twenty years with a proportionate fine. The court may inflict imprisonment for life on the offender.
If the rape is committed by person in a group, the punishment is imprisonment for life.
Is the rapist still offensive if the court allows him to marry the damaged person?
Yes, he is still guilty but is exempted from being punished. However, such permission of the court is required only when the rapist is under 18 and the damaged person must be older than 13 though but not yet older than 15.
3. Indecent act of sexuality committed against the damaged person without his/her consent is guilty here. A man embraces a girl and kisses her with sexual feelings, for example, is guilty of the said offence; punishment for that is as high as a rape – imprisonment not more than 10 years and proportionate fine.
If the damaged person is under 15 years old, the imprisonment is as high as 15 years though the damaged person has given consent. A person under 15 years old here cannot give consent for being raped, neither to indecent sexual behavior.
If the damaged person is older than 15 years, the offence is compoundable. Suppose the offender gives some money to satisfy the damaged person and she later gives consent, the offender shall be free from punishment.
By KRAIVIT BUSINESS AND ESTATE LAW OFFICE :
WWW. K- HUAHINLAWYER.COM
