Rights of the Elderly Victims of Sexual Harassment: Legal Interpretation and Remedial Mechanisms within the Thai Legal Context

Abstract

     This study examines the rights of elderly victims of sexual harassment, relevant criminal law interpretations, and remedial processes within the Thai legal system. Using legal documentary analysis, it evaluates constitutional provisions, the Penal Code, associated acts, international human rights frameworks, academic literature, and select comparative laws.At the present time, Thailand has transitioned into a complete aged society; National Statistical Office data indicates that the population aged 60 and over surged from 6.8% in 1994 to 20.0% in 2024.This demographic shift raises critical concerns for elderly safety and rights. Notably, sexual harassment against older adults is frequently overlooked, as protective measures typically focus on children and younger women. While the Criminal Code Amendment Act (No. 30), B.E. 2568 (2025) made a significant stride by codifying definitions and direct offenses for sexual harassment, Thai law still fails to explicitly recognize the elderly as a vulnerable group entitled to specialized protection in sexual offenses. To address these gaps, this article proposes amending criminal provisions, establishing specific protective mechanisms for elderly victims, developing holistic remedial systems, and training law enforcement officers to be sensitive to the unique age, health, and dependency-related vulnerabilities of older individuals. Implementing these reforms is vital to genuinely safeguarding the rights and dignity of the elderly.