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Title IX, Section 277 of the Penal Code stipulates that sexual intercourse with a girl below 15 years of age is regarded as statutory rape, regardless of her consent, and will be punished with imprisonment between four and twenty years and fines of up to forty thousand Baht. If statutory rape is committed against a girl below 13 years of age, the punishment is increased to seven to twenty years of imprisonment and fines of fourteen thousand to forty thousand Baht, or imprisonment for life. Title IX, Section 277 of the Penal Code also stipulates that if the offender commits statutory rape against a girl who is over 13 years but not yet 15 years of age and the court allows the offender and the girl to marry, the offender will not be punished for statutory rape.
2. Prevention and Suppression of Prostitution Act.
The Prostitution Act,10 which repealed the 1960 Prostitution Act, is the central legal framework prohibiting prostitution. The Prostitution Act was drafted vaguely and with certain qualifying language, which suggests enforcement of the law could be challenging.
Under the Prostitution Act, prostitution is defined as:
“Sexual intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another person in a promiscuous manner in return for money or any other benefit, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not.”11.
The phrase “in a promiscuous manner” is not defined and places a qualifier on the crime of prostitution, which may contribute to difficulties in enforcing the prohibition against prostitution.
Solicitation by a prostitute is prohibited under Section 5 of the Prostitution Act:
“Any person who, for the purpose of prostitution, solicits, induces, introduces herself or himself to, follows or importunes a person in a street, public place or in any other place in an open and shameless manner or causes nuisance to the public, shall be liable to a fine not exceeding one thousand Baht.”12.
Again, the phrase “in an open and shameless manner” is not defined and this qualifier on the crime of solicitation by a prostitute suggests that enforcement of this law may be difficult in situations where solicitation is discreet or subtle as might often be the case in private establishments.
The Prostitution Act does, however, impose heavy penalties on whoever procures, lures, compels, or threatens children under 18 years of age for the purpose of prostitution. Section 8 of the Prostitution Act provides that a customer who has sexual intercourse with a prostitute under the age of 15 shall be subject to two to six years in prison and a fine of up to one hundred twenty thousand Baht. If the prostitute is between the ages of 15 and 18, the prison term is one to three years, and the fine is up to sixty thousand Baht.
Section 9 of the Prostitution Act imposes penalties for human trafficking for purposes of prostitution:
“Any person who procures, seduces or takes away any person for the prostitution of such person, even with her or his consent and irrespective of whether the various acts which constitute an offence are committed within or outside the Kingdom, shall be liable to imprisonment for a term of one to ten years and to a fine of twenty thousand to two hundred thousand Baht.”13.
The imprisonment terms and fines under Section 9 of the Prostitution Act increase if the victim is a minor. Additionally, if the offense under Section 9 of the Prostitution Act is committed “by means of fraud, deceit, threat, violence, [or] the exercise of undue influence or coercion,” the penalty will be “one-third heavier.”14.
Parents who allow a child to enter into prostitution also are punishable and can have their parental rights revoked. Those who procure children for prostitution face strict penalties, and the punishment is more severe if the minors involved are under 15.
3. Entertainment Places Act.
The Entertainment Places Act makes those who control the operations of certain kinds of entertainment establishments criminally liable if prostitution occurs on their premises. The Entertainment Places Act also requires that any prostitute, upon completion of punishment for practicing prostitution, undergo rehabilitation for one year at a reform house. However, this rehabilitation program has been criticized by Thai government officials for having “weak enforcement” and because “the occupational training consists merely of lessons on how to be a domestic servant.”15.
Who is the most expensive prostitute in the world?
Who is the most expensive prostitute in the world?
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