Page 65 - bศาลยุติธรรมกับความเป็นธรรมทางเพศ

These factors above which the court In conclusion, the three factors
has given weigh as most important in defining mentioned above › wound, period of
whether the incident could be referred as reporting, victimsû background - makes çfact

rape or consensual sex narrows down the findingé procedure of the court focus on the
definition of rape. Consequently, other types part of the victims. The victims are often
of sexual abuses which sometimes happen ùcheckedû on their behavior prior to and after

in the workplace, between employer and the rape incident.
employee, supervisors and workers, and

between lovers - even intimidated with
weapon › have even less chance to be 3. Punishment
identified as rape case. According to Thai criminal code, using

of weapons during the crime of rape such
This standardization of court opinion
as a gun entails extra punishment. 7
further neglects individuality of each person:
Nevertheless, this is strictly interpreted
individual experience, feelings and emotions
by the court. The weapon must be real.
of the victim etc. As a result, definition of
If the defendants prove that not real, they
rape becomes static and narrow. And this
would be dismissed from the charge, even if
also leads to stereotyping of how women
the victims sincerely believed the weapons
have to respond to sexual violence.
are real. In addition, if the rapist uses the
46
On the contrary, each person has weapon he must clearly show his intention
different ways of responding to rape incidents. to hurt the victim with the weapon. One
Personal feelings, environment, social case, the rapist used a knife to threaten

background and class are all important to the victim but the spring was not is a
determine the way one responds to the released position. The court ruled out a

incident. heavier punishment for using of weapon.

7
article 276 çWhoever has sexual intercourse with a woman, who is not wife, against her will, by threatening
by any means whatever, by doing any act of violence, by taking advantage of the woman being in the
condition of inability to resist, or by causing the woman to mistake him for the other person, shall be
punished with imprisonment of four to twenty years and fine of eight thousand to forty thousand baht.
If the offence as mentioned in the first paragraph is committed by carrying or using any gun or
explosive, or participation of person in the nature of destroying the woman, the offender shall be
punished with imprisonment of fifteen to twenty years and fine of thirty thousand to forty thousand baht,
or imprisonment for life.é
This article has been amended in 2007 to expand the definition of rape to cover forced and oral
sex including a woman whether she is a wife of offender.

Court and Gender Justice