The Extent of Sexual Penetration, Sexual Contact and Sexual Harassment

Abstract

Sexual Penetration, Sexual Contact, and Sexual Harassment have been already specified by the Thai Criminal Code. The extent of the offence relating to sexuality has been only set on the Sexual Penetration under section 276,277and 366/1of the Thai Criminal Code. However, there is no extent of the offence relating to sexuality on Sexual Contact and Sexual Harassment.

            In the case of “Sexual Penetration”, even the Thai Criminal Code have bound the scope of action, the Supreme Court judgment No. 6323/2557has alleged that “women” could not use their genitals to against a female victim as a Sexual Penetration offence. However, the Thai Criminal Code has defined a definition of the word “rape” by using the word “whoever” has sexual intercourse with “others person”; it does not use the word “man” has sexual intercourse with “other woman”. In the case of “Sexual Contact”, the Thai Criminal Code does not prescribe the scope of action; nevertheless, in practical and academic terms, it has been interpreted that “Sexual Contact means that the act is a sexually inappropriate action and it needs to do with the physical body of the victim”. On the other hand, according to the Supreme Court judgment No. 12983/2558and 1201/2559, Sexual Contact is not necessary to touch the body of the victim.

            According to those three Supreme Court judgments as mentioned above, there is an academic issue in term of the extent of the offence relating to sexuality (Sexual Penetration, Sexual Contact, and Sexual Harassment). Therefore, this research was conducted to study the concept, development, offence element, Supreme Court judgment and the extent of the offence relating to the sexuality of Sexual Penetration, Sexual Contact, and Sexual Harassment in order to use and comply the spirit of the law and establish the highest justice.