The Issues related to criminal proceedings in cases of sexual harassment: A study of stalking cases

Abstract

This article aims to. Firstly, it aims to examine the concepts, theories and legal principles related to criminal offenses in the cases of sexual harassment in form of stalking. Secondly, this study will compare the legal principles regarding to criminal offenses of sexual harassment in form of stalking in Thailand with those in the Commonwealth of Australia and the United Kingdom. Thirdly, it will study and analyze the legal issues concerning sexual harassment in form of stalking. Finally, this study will suggest some solutions for amending laws related to offenses of sexual harassment through stalking.  By the way, this research is a qualitative research, by gathering from documents. In conclusion, this study can be summarized in four points according to its purposes. Firstly, it can be said that the concepts, theories, and legal principles related to sexual harassment through stalking mainly focus on the impacts and protections of the victims. In addition, the laws regarding the sexual harassment in Thailand just be categorized as a minor offense, while in the Commonwealth of Australia and the United Kingdom it clearly defines the meanings, characteristics, behaviors and protections for victims for sexual harassment through stalking, including penalties for violating the law. Moreover, although in Thailand there is currently a draft of the Act Amending the Criminal Code (No. ..) B.E. …. that categorizes the sexual harassment as a sexual offense, this draft still does not comprehensively address the issues of sexual harassment in the form of stalking, unlike the law in the Commonwealth of Australia and the United Kingdom, which have specific laws and measures regarding sexual harassment through stalking. As a result, this study would like to encourage to enact the Act to enforce specific cases of the sexual harassment in the form of stalking.