Page 152 - เพศวิถีในคำพิพากษา

144 √“¬ß“π°“√«‘®—¬‡√◊ËÕ߇滫‘∂’„π§”æ‘æ“°…“

This shows, in the opinion of the court, if there has been a consensual sex between the victim and
the suspect, this tends to repeat.

These factors above which the court has given weigh as most important in defining whether the

incident could be referred as rape or consensual sex narrows down the definition of rape.
Consequently, other types of sexual abuses which sometimes happen in the workplace, between
employer and employee, supervisors and workers, and between lovers - even intimidated with
weapon › have even less chance to be identified as rape case.

This standardization of court opinion further neglects individuality of each person:
individual experience, feelings and emotions of the victim etc. As a result, definition of rape
becomes static and narrow. And this also leads to stereotyping of how women have to respond
to sexual violence.

On the contrary, each person has different ways of responding to rape incidents. Personal feelings,
environment, social background and class are all important to determine the way one responds to
the incident.

In conclusion, the three factors mentioned above › wound, period of reporting, victimsû background
- makes çfact findingé procedure of the court focus on the part of the victims. The victims are often

ùcheckedû on their behavior prior to and after the rape incident.

3. Punishment
According to Thai criminal code, using of weapons during the crime of rape such as a gun entails
extra punishment. 6

6
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 Ú˜ to expand the definition of rape to cover forced and oral sex
including a woman whether she is a wife of offender.