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Bangkok Post
Bangkok Post
National
PENCHAN CHAROENSUTHIPAN & ONNUCHA HUTASINGH

Tougher rape law comes into effect

A rights advocate on Tuesday welcomed the latest amendments to the criminal law involving rape and sexual assault, saying the new law would facilitate the work of the police but whether or not it would deter sex crimes was another matter.

Supensri Phuengkhoksung, director of Social Equality Promotion Foundation (SEPF), said the amendments, which were published in the Royal Gazette on Monday, introduced new elements including clear-cut definitions between rape and an offence known as anajan.

On its Facebook page, the Office of the Courts of Justice defined rape as the forced insertion of an assailant's genitals into the victim's genitals, anus, or mouth while forced insertion of an object into the victim's genitals is defined as anajan. However, rape and anajan carry the same punishment.

The amendments also increase penalties for those who are convicted of the rape of children, and the settlement of charges is not allowed. The only exception is when the offender and the victim are spouses and agree to remain together.

Ms Supensri said the law also addressed growing concerns about the filming and distribution of clips of sexual assaults which cause further damage to the victims, noting that the penalties for sex offenders who take photos and/or distribute those materials are reasonable.

Moreover, the amendments also cover mechanisms for the rehabilitation of sex offenders who are under 18, she said.

However, Ms Supensri suggested that there should be a special court to hear cases of rape and sexual assault where judges and authorities involved are specially trained in issues related to gender, and the rights of children and women.

According to Ms Supensri, it is too early to say if the amendments will deter sex crimes because how effective the law is will largely depend on its enforcement.

Panadda Wongphudee, an actress who is campaigning for the death penalty for convicted rapists, on Tuesday welcomed the amendments.

She praised the law for making it impossible for sex offenders to "wipe away" the charges and walk free by paying off their victims.

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