กระบวนการสอบสวนและหลักฐานคดีความผิดทางเพศ

Abstract

Objectives for this research are: to study the sexual crimes' legal practice of police's investigation, and to study investigative procedure. THis is a qualitative research through interviews and analyzing secondary forensic data. Data was collected purposively from 2 police officers responsible for investigations in each police station in metropolitan Bangkok area.

Result indicated that 3 groups of authorities were involved in investigating sexual crimes: 1) investigation police officer, 2) Forensic medical officer, and 3) Official rescue team. Sexual offense investigative team needs to rush to the crime scene and police officer should gather evidences as much as possible such as 1) physically check the victim's body, after receiving the consent, and/or physically check the suspect's body, 2) serach for possession of illegal object, according to search warrant/protocol, 3) subpoena individual who may have/possess objects who may be a potential witness or the object can be used for evidence. In some cases which may require forensic evidences to prove that crime has been committed investigative officer has authority to identify individual, object, or document, through scientific procedure. In case of sexual offensive crime, precautions for each stops/procedure has to be followed carefully and can not violate legal protocol.

Recommendations from this study suggest that at the investigative level, majority of officers who gather eveidences are mostly male, therefore, more female officers should included in the investigative team. At the court of justice level, the process of the sexual offensive crime should not be tried in an open court, and should be conducted the same with child witness protocol.