New rape laws passed

[KoratCat]

New rape laws pass assembly

The National Legislative Assembly (NLA) yesterday passed a bill that removes any loopholes for a man or a woman to escape being charged with the crime of rape.

When the draft law is enacted, a woman can face rape charges and a husband can be punished for sexually violating his wife.

To the outrage of women's rights activists, current laws define a rapist as a person who rapes a woman who is not his wife thus tacitly granting impunity to a husband who rapes his wife.

"The courts need not worry

that there will be lots of rape

complaints filed by wives against her husband. Normally, a woman will be very cautious about making such a move," NLA member Kanchana Silapa-archa said.

The bill is being drafted to amend criminal laws.

In the bill, the definition of rape has also changed to a broader scope to cover female offenders too. Many NLA members insisted there was evidence that a female could rape a male. The definition is also broad enough to convict homosexual rapists.

Under current laws, no female defendant can appear before the courts to face rape charges.

The bill has prescribed a jail term of up to 20 years in prison and a maximum fine of Bt40,000 for a convicted rapist.

Following a heated debate, the NLA passed the bill with 118

votes, five against, and four abstentions.

The move was warmly received.

"In the past, there have been

so many husbands who've raped their wives and gone unpunished," Thammasat University law lec-turer Dr Matalak Seramethakul said.

She was among academics and women's right activists who have long demanded that the legal definition of a rapist be revised.

Natee Teerarojjanapongs, director of the Thai Political Gay Group, said many gay men were raped by women, who were known as Fag Hags.

The term refers to women who associate mostly and exclusively with gay men either because they like their company or are secretly sexually attracted to gay men.

"After the rape takes place, these women demand that the gay men marry them to show responsibility. Some gay men agree to the demand," he said.

Prapasri Osathanon

The Nation June 21

[KoratCat]

CHILD ABUSE

Anger at law allowing sex attackers to marry victims

Activist to petition King after NLA puts no age limit on court pardons

A leading child-rights activist plans to petition His Majesty the King to abolish an amendment to the Criminal Code that will allow courts to pardon people of any age who sexually abuse children between 13 and 15 if they agree to marry their victim.

Sapphasit Khumpraphan, director of the Centre for the Protection of Children's Rights Foundation, said a National Legislative Assembly (NLA) subcommittee had initially proposed that such pardons be allowed only for offenders up to the age 18 - the legal standard used in the US to decide whether offenders should be tried for statutory rape or paedophilia.

However, paragraph four of Article 277 of the amended Criminal Code stipulates that people of any age who sexually violate children older than 13 and younger than 15 will not be subject to criminal liability if they agree to marry the children under a court order.

He said the age difference between the victim and the offender was a crucial factor in whether their subsequent court-ordered marriage would be happy or could last.

"A child's future should not be decided in legal squabbles. The order could be based on inaccurate information supplied to judges," he said.

Sapphasit criticised the NLA for neglecting to properly consider its subcommittee's proposal to set a limit on the offender's age.

He said the assembly simply jumped to the conclusion that this should be decided by the court and passed the entire article in the first reading.

The condition regarding the age of violators was proposed by law professor Bowornsak Uwanno and child activist Wallop Tangkhananurak.

[url=http://www.nationmultimedia.com/2007/06/29/national/national_30038046.php]