แนวความคิดเกี่ยวกับผู้กระทำความผิดและผู้เสียหายในความผิดฐานข่มขืนกระทำชำเรา / นิธิ เมทินีวงศ์ = Concept regarding offenders and injured persons in rape case / Niti Metineewongse
A forcing behavior for the purpose of satisfying sexual desire is now changing. Such behavior is not limited to the case of male to female offending anymore, but also including the case of female to male offending or the case of offending on the same gender, whether male to male or female to female. Such behavior is expanding and causing a lot of social problems and damage. Therefore, many countries have amended its law on sexual offences to cover such behavior. In Thailand, there is also an amendment on rape offence which defines a new meaning for the term “sexual intercourse” and replacing the term of victim which was limited to “woman other than his wife” with “other person”. Such amendment has thus broadened the offence of rape, considering the term of offender which the law provides as “whoever” with the new definition of sexual intercourse, therefore, the offender may be male or female and the victim may as well be male or female either. Moreover, an offence on the person with same gender is also possible. Such amendment has altered the element of crime in this offence which related to the purpose of the law and its application, causing many problems such as the definition of “sexual intercourse” or child protection pursuant to Article 277 for instances. The author is of the opinion that, before the amendment, the rape offence was more appropriate. However, since those emerging behaviors in sexual offences are causing a lot of social problems, the author is of the view that there should be other provisions which constitute other offences to cover those behaviors besides rape offence and indecent assault offence, i.e. sodomy or deviate sexual intercourse. Moreover, a rape offence on under 15 years old victim should be regarded as a ferocious cause of Article 276 in order to make a difference between child protection measure and adult protection measure and to clarify the rape offence on under 15 years old victim who is a spouse of the offender.