Page 63 - bศาลยุติธรรมกับความเป็นธรรมทางเพศ

Based on Supreme Court decisions the courtûs consideration is to identify the
in the past 50 years, the study found that right suspect by looking through the evidences
the court constructs 3 main factors related such as hair, pubic hair etc. 3

constituting rape: A) wound B) duration of
time when the incident is revealed to others b) Time
and C) victimsû background The other factor which is used to

prove whether it is a rape case is the length
a) Wound of time before victims taking any action

Since rape can not be consensual after the incident had occurred. Those actions
sex, the main factor which is used to prove include when the victim reveals about the
whether it is a rape case is wound. If woman incident to another person, report to police,

has a wound, it means that she was struggling and went to see doctor. If victim waits for a
against the forced sex. By this logic, in any long period before taking such actions, the

rape case, woman has to have wound. case tends to be concluded as consensual
It is important to note that, words sex, not a rape.
spoken in the court from woman who has Based on the Supreme Court

wound is more reliable than those who have decisions, many cases that women reported
not. Furthermore, the more wound and the rape incident to the police immediately
seriousness of the injury make evidences after it happened, the court tended to
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stronger for the court to listen. consider the case as a rape. For example,
An example of a rape case, a little the case that a woman told her family and
girl was raped and attacked by a janitor until the police right after the incident, the police

she had severe wounds. She was taken to arrested the man on the day after receiving
the hospital immediately to receive the skull the report. In this circumstance, womanûs

operation. Twenty days later, she sent a letter words in the court are credible. 4
accusing the suspect to the police. Then the In short, if plaintiff reports to police
police brought the suspect to her and she directly and immediately, plaintiffûs testimony

confirmed he was the rapist .2 in court sounds çreliable, strong, credible and
In most cases, if woman is raped and hearing as the truthé. The immediate action

murdered, the court strongly confirms that it of the woman implies that it is not consensual
is not consensual sex. Then further issue for sex. On the other hand, the longer time the

2
Supreme courtûs decision no. 857/1993
3
Supreme courtûs decision no. 4437/1988
4
Supreme courtûs decision no. 2249/1984, 2115/1990

Court and Gender Justice