New Thai law tightens sex crime and bullying penalties
Oral sex now legally classified as rape under amended law
The Royal Gazette recently published the Act Amending the Criminal Code (No. 30), B.E. 2568 (2025). This amendment significantly modernizes the definitions of sexual offenses to align with current social behaviors, covering abuse of power in professional relationships and online actions.
Here is what you need to know about the changes effective immediately:
- New Definition of Rape The law clarifies the scope of Rape under Section 1 (18) to eliminate previous ambiguities. It now explicitly states that rape includes:
- Penetration of the genitals, anus, or mouth by the perpetrator’s genitals.
- Penetration of the genitals or anus by other objects (such as fingers or foreign objects).
Key Change: The specific inclusion of the mouth means that forced oral sex now fully constitutes rape under Thai law. Previously, legal interpretations often classified this act merely as an indecent act.
- New Offense: Sexual Harassment Section 1 (19) introduces a broad legal definition for Sexual Harassment. An offense occurs even without physical contact if the act is sexual in nature and causes the victim annoyance, shame, or fear. The law categorizes these acts as follows:
- Physical: Touching that does not yet reach the level of an indecent act.
- Verbal: Catcalling, flirting, or suggestive comments.
- Gestures: Whistling, staring at private parts, or suggestive body language.
- Communication: Sending messages via telephone or computer systems.
- Stalking: Watching, following, or persistent tracking.
Penalty: Offenders face imprisonment up to 1 year, a fine not exceeding 20,000 Baht, or both (Section 285/1).
- Power Dynamics and Abuse of Authority The amendment imposes harsher penalties for offenders who abuse a position of power. This applies to relationships such as supervisors and subordinates, employers and employees, or teachers and students.
If the harassment stems from the offender using their authority over the victim, the penalty increases to imprisonment up to 3 years, a fine not exceeding 60,000 Baht, or both (Section 285/2). This aims to protect individuals in workplaces and educational institutions.
- Victim Safety Measures In sexual harassment cases, the Court holds the authority to issue protective orders if it believes the defendant might repeat the offense or disrupt the victim’s life. The Court can prohibit specific actions, such as approaching or contacting the victim, for a period not exceeding 2 years, regardless of the primary verdict.
- Violation: Breaching this court order carries a penalty of imprisonment up to 6 months.
- Online Safety: The Court can also order the immediate removal or suspension of obscene data from computer systems.
- General Bullying The amendment updates Section 397 to cover general bullying, persecution, intimidation, or acts causing shame and annoyance (non-sexual in nature).
- Penalty: A fine not exceeding 10,000 Baht.
- Public Offense: If the act occurs in public or before an official, the court may impose imprisonment not exceeding 1 month in addition to the fine.
Latest Thailand News
Follow The Thaiger on Google News:
