Legal issues regarding criminal liability for sexual harassment through computers

Abstract

In studying legal problems regarding criminal liability for sexual harassment through computer, the objective is to study the meaning and types of sexual harassment through computer as well as the effects that occur and criminological concepts regarding punishment for sexual harassment through computer and the concept of criminal liability for sexual harassment through computer and analyze the problems and impacts of using the Criminal Code, Section 397 and the Computer Crimes Act (No. 2) B.E. 2017 in sexual harassment on social media, as well as to study ways to develop Improving the law by amending the Computer Crimes Act (No. 2) B.E. 2017 to establish criminal liability for acts of sexual harassment through computer using documentary research methods.

The results of the study found that

1. Applying the provisions of the Code, Section 397, which is a misdemeanor offense, and the Computer Act on Computer Crimes B.E. 2007 (amended by Computer Act 2017) used to punish those who commit sexual harassment on social media is inappropriate both in terms of punishment and the said law does not yet cover the nature of behavior that affects the victim in society.


2. Carrying out the legal justice process is difficult due to the lack of proof of guilt and the lack of boundaries of the internet world. This makes tracking down anonymous perpetrators difficult. This causes the prosecution to take a long time and the result is that the perpetrator receives only a slight punishment that make the offender have no fear.