Page 153 - เพศวิถีในคำพิพากษา
P. 153
√“¬ß“π°“√«‘®—¬‡√◊ËÕ߇滫‘∂’„π§”æ‘æ“°…“ 145
Nevertheless, this is strictly interpreted by the court. The weapon must be real. If the
defendants prove that not real, they would be dismissed from the charge, even if the victims
sincerely believed the weapons are real. In addition, if the rapist uses the weapon he must
clearly show his intention to hurt the victim with the weapon. One case, the rapist used a knife
to threaten the victim but the spring was not is a released position. The court ruled out a
heavier punishment for using of weapon.
In opposite, even the defendant found guilty it would not be difficult to get the reduction.
If the victims finally agree to receive compensation in › out › of court settlement, court tends to
give the defendant suspended jail terms. When the victims stop attending court hearings,
because of compensation or another reason, the court often used an absence as a reason to
dismiss the case, this again benefits the defendant.
4. Summary
After decades of campaigning for the gender equality, many laws have been changed both in
the international and national level. The movement raises awareness to amend discriminatory
laws and create new legislation integrating the standard of gender equality such as CEDAW
or the constitution of the state. However, these laws remain ineffective if not properly
interpreted and enforced by the court.
çLaw is as law doesé Having new law is not enough but looking into the practice of law or law in
action would lead to the deep and broad understanding. Court is not neutral and judges are not
free from cultural values or gender bias. To provide justice and equality the long › oppresses
female gender must be amended and new laws must be legislated.
Changing the laws is important but it is the beginning step toward change. The gender
bias will persist if the court still subscribes to patriarchal values and nobody question
the decisions.