Legal Measures for the Protection of Vulnerable Victims : A Case Study of the Offense of Rape

Abstract

Currently, Thailand continues to face structural problems and shortcomings in legal measures to protect the rights of rape victims, especially those in the LGBTQI+ community, traumatized adults, or repeat sexual abusers. These individuals are often neglected, and their human rights are not effectively protected. This research aims to analyze the obstacles and suggest ways to develop legal mechanisms to enhance the protection of such victims in line with international standards. The research employs a documentary research methodology and a comparative study of laws in Thailand, The United States of America, French Republic, and Republic of Korea to propose solutions appropriate to the Thai social context.

The study found that Thailand's measures to protect vulnerable victims still face three major problems:

1) A lack of centers to help rape victims and specialized agencies for sexual crimes with expert personnel to provide assistance, support, and rehabilitation to victims.

2) A lack of investigative guidelines that consider the psychological impact on victims, leading to further emotional trauma.

3) A lack of appropriate guidelines and locations for interviewing LGBTQI+ adults with emotional trauma or those who have been repeatedly sexually abused, resulting in incomplete and delayed evidence gathering processes.

When compared to the victim protection measures of the countries mentioned above, it can be seen that The United States of America, French Republic, and Republic of Korea all have rape victim support centers and specialized agencies for sexual crimes with expert personnel, investigative measures that consider the psychological impact on victims (a trauma-aware approach), and interview procedures and locations that are proportionate and appropriate for the group of victims.

Therefore, researchers conclude that if Thailand implements the legal measures to protect victims of rape, especially victims from the LGBTQI+ community, adults with emotional trauma, or those who have been repeatedly sexually abused, as specified in the aforementioned measures, the protection of these victim groups in Thailand will be equitable and effective.