Sexual Harassment In The Case Of Vulnerable Victims

Abstract

          This article aims to study sexual harassment, a serious social issue that significantly impacts vulnerable victims who are afforded special protection under the Constitution such as children, the elderly, persons with physical or mental disabilities, and pregnant women. These groups are at high risk of falling victim to sexual harassment due to their biological vulnerability. However, the current criminal law does not explicitly cover acts of sexual harassment against these vulnerable groups. As a result, the law fails to effectively deter crimes committed against them and is insufficient in preventing repeat offenses.

          In Thailand, Section 397 of the Penal Code provides legal provisions relevant to sexual harassment. Nevertheless, it is not directly applicable in practice since sexual harassment typically involves no physical contact, yet it significantly impacts the victim's psychological well-being, often resulting in feelings of embarrassment, distress, irritation, and anxiety. This is especially harmful to those who are biologically vulnerable and constitutionally protected but are most frequently targeted. The absence of specific legal provisions creates ambiguity and makes it difficult to interpret or clearly define what constitutes sexual harassment, which leads to inconsistencies with the severity of harm experienced by vulnerable victims.

           This article offers proposals as to the interpretation of sexual harassment laws, particularly in determining which categories of vulnerable victims should be afforded protection under such offenses. It also proposes appropriate penalty scales proportionate to the severity of offenses committed against these groups, which are considered aggravated circumstances. The aim is to effectively address the issue of sexual harassment against vulnerable victims, to deter crimes committed against these individuals and to reduce the recurrence of such offenses in the future.