Notification of the Supreme Court Judgment 3577/2551

Abstract

According to the Judgment of the Supreme Court 3577/2551, the defendant used his sex organ and hands to contact the victim’s sex organ in many times. Obviously, the defendant did not have intention to insert his sex organ into the victim’s sex organ. Hence, the defendant was found guilty of public indecency. Referring to the Judgment, there are many interesting notices. The first observation shows that the way of sexual harassment in this case is close to the guilty of rape in the Criminal Code of Thailand. However, the Supreme Court considered and confirmed that the defendant was found guilty of public indecency only. The second notice is that the guilty of rape will be in the Judgment of the court just in the case of the defendant inserting his sex organ into the victim’s sex organ. Does this event lead to the interpretation which conflicts with Thai Criminal Code Section 276 or not.