SEXUAL OFFENSES: A STUDY OF DECIVING ABOUT THE USE OF CONDOM TO ACQUIRED CONSENT

Abstract

Nowadays, in having safe sex, Condom is one sexual​ protective​ measure​ which commonly used by people. Due to broadly performance in preventing effect​ that possibly​ occur​ from unwanted​ pregnancy and sexual​ transmitted infection​ (STIs). It's ​also less effect and  convenient measure.  The​re for​, using condom is a sexual protective​ measure which is accepted​ by society. However, although condoms make sexual​ intercourse safe but the action of deceiving about the use​ of​ condom​ to​ acquired consent which put people at more risk occurs. And when having​ sexual intercourse all parties​ have agreed under​ the condition​ of using condoms only. If the party doesn't comply without informing or conceal information​ in order to prevent ​other party from having an opportunity​to decline. It's​ inevitably​ cause argument weather such sexual intercourse​ is considered​ obtain​ed consent.

Considering​ theory, Thai law and relate​d foreign law found that in Thai Criminal Code section 276, rape, and section 278, indecency, both offenses recognized non-consensual ​act only in four cases, "by threatening​ in any​ way, by doing acts of violence, to person unable​ to resist​ state​ and by causing a person​ to mistake him for​ other", which accept​ed a limited consent. Hence, even the act commit​ted without​ consent but as long as it's ​not the case accepted by law the act may not illegal. From study​ing the deception ​about the use of condom to acquired consent in foreign​ countries, found that while some country​ has court​ judgment​ as legal guideline but others, for example Singapore​ and Australia​ solve the issue by amending the law, adding the act of deceiving about the use​ of​ condom​ to​ acquired​ consent​ as one offense, which make the law clear.

For this reason, the author​ recommends to amend Thai Criminal Code, accept​ing the act of deceiving about the use of condom as another form of non-consens​ual​ act, by address​ing the action as another offense and set a definition​ of condom for law' clarity.