The Problem of Applying the Provisions in Current Law to Actions Following Child Grooming in Thailand
Article Sidebar
Main Article Content
Abstract
Child Grooming is one form of child sexual abuse where the perpetrator prepares a child for sexual exploitation or seeks sexual gratification from the child. Perpetrators often use grooming to establish a close relationship with the child, gaining their trust and emotional dependence before exploiting them sexually. This process frequently involves online communication channels, which significantly increase perpetrators’ direct access to children and their opportunities to engage in grooming behaviors. Currently, Thai criminal law does not specifically protect children from grooming for sexual acts. Existing legal enforcement is typically applied after grooming has been completed, focusing on the specific offenses committed rather than addressing the grooming process or the exploitation of trust through grooming. Moreover, the legal gap, when applying certain laws by analogy to online grooming cases, results in lesser penalties for grooming-related offenses than for direct sexual offenses against children. Therefore, it is recommended that laws be amended to include specific offenses related to grooming or the preparation of children for sexual acts through grooming as criminal acts. This adjustment aims to prevent perpetrators from exploiting children through grooming and to address offenses related to online sexual exploitation, which typically occur following online grooming.
Article Details
References
Ashton, Paul, Psy. D., and D. Min. “Grooming: Psychological, Physical and Community.” Accessed December 5. 2022. https://cutt.ly/yw0nHWYY.
Bangkokbiz. “The Volleyball Coach was Arrested for Sexually Assaulting Three Girls.” Accessed May 20, 2024. https://www.bangkokbiznews.com/news/news-update/1121427. [In Thai]
Bugaboo. “A 41-Year-Old Man Created a Fake Facebook Account to Seduce a Minor into Taking Her Clothes.” Accessed June 21, 2024. https://news.ch7.com/detail/711373. [In Thai]
Bugaboo. “A Man Who Lied to be a Fortune Teller Deceived a Girl to Take Her Nude and Send It to Her Friends.” Accessed June 21, 2024. https://www.bugaboo.tv/news/667591. [In Thai]
Ch3Plus. “The Mother of a 13-year-Old Girl Rushed to File a Police Report. Her Gaughter was Tricked into Taking Nude Photos and Threatened that if she Stopped Sending them, the Photos would be Posted to Shame Her.” Accessed June 20, 2024. https://ch3plus.com/news/crime/middaynews/263541. [In Thai]
Clare, Henry. “Huddersfield Grooming Gang: Four Men Jailed for Between Three and 17 Years for Sexually AbusingYoung Girls.” Accessed November 3, 2023. https://www.bbc.com/news/uk-england-leeds-45994018.
Disrupting Harm in Thailand. Online Child Sexual Exploitation and Abuse - OCSEA (Research Report). Bangkok: ECPAT, Interpol and UNICEF, 2019. [In Thai]
Finkelhor, David and Anne Shattuck. “Characteristics of Crimes Against Juveniles.” Crimes Against Children Research Center (2012): 10. Accessed May 20, 2023. https://cutt.ly/ow0nHxlp.
Finkelhor, David, “Developmental Victimology. The Comprehensive Study of Childhood Victimization,” Victims of Crime, no. 3 (2007): 9-34.
Jaded Chouwilai. “When Children were Sexually Abused by an Intimate Person.” Accessed January 1, 2024. https://www.wmp.or.th/blog/3304/เมื่อเด็กถูกล่วงละเมิดทางเพศจากคนใกล้ตัว. [In Thai]
Jitti Tingsapat. Criminal Law Part 2 Section 1. 8th ed. Bangkok: Jirat Printing, 2005.
Kanaphon Chanhom. Textbook of Criminal Offences 1. 5th ed. Bangkok: Winyuchon, 2020. [In Thai]
Kanyada Keadsri. “The Extension of Criminal Liability for Public Indecency Offence under the Thai Criminal Law.” Master’s thesis, Faculty of Law, Thammasat University, 2017. [In Thai]
Khaosod Online. “A Young Soldier was Arrested for Grooming a Girl’s 11 and Taking her to Create Naked Clips.” Accessed January 8, 2024. https://www.khaosod.co.th/around-thailand/news_7636323. [In Thai]
Khaosod Online. “Head him Off the Pass! The Deputy Director of the School in Chaiyaphoom Sexually Assaults Students, Seducing Them to Come to his house to change their grade.” Accessed April 28, 2022. https://www.khaosod.co.th/special-stories/news_6903786. [In Thai]
Khaosod Online. “Head him Off the Pass! The Director of the School, who had a Sexual Relationship with his Student in Grade 7, His Wife wanted to Divorce his Wife before Moved Here.” Accessed December 31, 2023. https://www.khaosod.co.th/around-thailand/news_721239. [In Thai]
Khaosod Online. “Sensuality Friend’s Father was Arrested, Took a Girl to a House where was Deserted, and Sexually Abused her.” Accessed January 3, 2024. https://www.khaosod.co.th/crime/news_7582192. [In Thai]
Olson, Loreen N. et al. “Entrapping the Innocent: Toward a Theory of Child Sexual Predators’ Luring Communication.” Communication Theory 17 (2007): 231-235.
Matichon Online. “The Old Man created a Fake Facebook Account to Accost a Girl, Convince her to Take Off her Clothes, and Threaten her.” Accessed June 20, 2024 https://www.matichon .co.th /region/news_4458544. [In Thai]
McAlinden, Anna Marie. Grooming’ and the Sexual Abuse of Children; Institutional, Internet and Familial Dimension. Oxford: Oxford University Press, 2012.
Nicharee_m. “13’s Mom Reported that her Daughter was Created in a Naked Picture and was Threatened.” Accessed June 20, 2024. https://ch3plus.com/news/crime/middaynews/263541. [In Thai]
Nuttinee Suvinai. “Criminal Liability Related to Child Pornography: A Case Study of Non-Photographic Pornographic Images of Children.” Master’s thesis, Faculty of Law Thammasat University, 2017. [In Thai]
Piongpilai Wannaraj. “The Summary of Child Protection Act, B.E.2546.” Accessed December 2. 2023 https://shorturl.asia/prCK8. [In Thai]
Renée Kool. “Prevention by all means? A Legal Comparison of the Criminalization of Online Grooming and its Enforcement.” 3 (2011) Utrecht Law Review: 11.
Songwud Sarasarin. “New Thai Legal Spproaches Towards Problems Relating to Transnational Prostitution of Women and Children.” Master’s thesis, Faculty of Law Thammasat University, 2006. [In Thai]
Supattra Stitchantrakul. “Criminal Measures to Prevent Children and Juvenile from Sexual Grooming through the Internet or Other Electronics Communications.” Master’s thesis, Faculty of Law Chulalongkorn University, 2009. [In Thai]
Taweekiat Menakanit, and Ronnakorn Bunmee. Textbook of Criminal Law Criminal Offence and Summary Offence. 19th ed. Bangkok: Winyuchon, 2022. [In Thai]
Thai TBS. “Social development workers helped a girl’s 12-year-old, who was deceived, create nude.” Accessed June 21, 2024. https://www.thaipbs.or.th/news/content/ 330800. [In Thai]
Thairath Online. “Friend’s grandmother had sexual intercourse with two boys for two years.” Accessed January 3, 2024. https://www.thairath.co.th/news/crime/2737848. [In Thai]
The Crown Prosecution Service. “Rape and Sexual Offences - Chapter 7: Key Legislation and Offences.” Accessed March 30, 2024. https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-7-key-legislation-and-offences. [In Thai]
Winters, Georgia M. and Elizabeth L. Jeglic. Sexual Grooming: Integrating Research, Practice Prevention, and Policy. Switzerland: Springer Nature Switzerland, 2022.
Wiwan Phetcharat. “Definition Of Sexual Assault Under Thai Criminal Law.” Master’s thesis, Faculty of Law Thammasat University, 2018. [In Thai]