Reports of an alleged gang-rape of a 12-year-old girl in Saraburi province have dismayed the public over the past few days, not only because the incident was so appalling in its nature but also because of police leniency towards the suspected rapists.
If it had not been for decision of the victim's father to expose the matter on social media, justice would have eluded this rape victim, and the five alleged rapists would have been let off the hook.
The police inaction against the alleged perpetrators is a reminder of how our criminal justice system treats rape victims so badly while letting men rape with impunity.
According to the father, the girl was gang-raped at a roadside shop in the early hours of Dec 14. The father also posted on his Facebook page yesterday that another girl who accompanied his daughter to the shop was acquainted with the rapists and also ended being gang-raped on the same night.
Muang Police Station in Saraburi have justified their inaction, citing "concerns" over the future of the boys, as well as an inability to detain the suspects due to the need for more evidence.
The police also said the girl still needed to be physically examined by experts from other agencies.
None of these excuses justify why the police did not record the victim's complaint. In fact, it is another example of how the justice process has failed a rape survivor, this time a young girl.
According to the Women and Men Progressive Movement Foundation, the majority of victims who sought help from the organisation in 2015 saw justice denied to them. Out of 33 victims, 16 decided not to pursue their cases further, while another 15 saw their cases terminated by the police.
Only two cases were eventually tried in court.
Given the stigma associated with rape, there may have been many more victims who have not come out to seek help.
In dealing with rape cases, investigators often fail to give the victims sufficient information about their legal rights, according to the foundation. Instead, victims are sometimes convinced and/or forced to reach a compromise with their rapists.
Some cases experience delays and have to be dismissed as evidence disappears over time, and the statute of limitations expires.
The 12-year-old victim's father revealed that he was offered 30,000 baht in compensation from a relative of the alleged perpetrators to withdraw his complaint. If it hadn't been for the publicity on social media, it would have come as no surprise if the police had forced him to take the money.
The police's "traditional" lenient approach towards rape suspects reflects their entrenched, misguided perception that rape is not a major crime, when rape is a serious offence that can inflict physical scars and long-term trauma on the victims.
While the Crime Suppression Division looks into Saraburi's Muang Police Station's handling of the case, it should also review whether the entire police force's approach to handling rape cases respects the dignity of rape victims.
A protocol for handling rape complaints should be established. It should outline how a rape case should be treated, and what immediate action needs to be taken, especially when cases involve juvenile offenders and underage victims.
There should be a sufficient number of female officers at all police stations to handle sexual assaults complaints. Victims are less likely to seek justice if they have to deal with male officers.
Currently, women make up only 8% of the nation's 230,000-strong police force. But the Royal Thai Police's latest ban on women enrolling in the Royal Police Cadet Academy is making matters worse.
Like other rape victims, this girl may suffer from trauma due to the flawed justice process, as well as fear of stigma and retribution.
It has taken great courage for her and other rape survivors to seek justice. As such, the criminal justice system must not let them down.
