Criminal Liability for Sexual Relationship between Secondary Educators and Students

Abstract

According to the Thai Criminal Code, the sexual act between an educator and student at public or private secondary or vocational educational institutions is a criminal offense and legally liable only if the student is under the age of 15, regardless of their consent, or if the act amounts to sexual assault. Furthermore, the laws protecting students under the age of 18 have several flaws: They are incomprehensive, thus failing to protect the child from all cases of sexual misconduct, and the penalty is disproportionate to the severity of the offense. It is also a compoundable offense under such provisions. A recent study shows that the problem of sexual misconduct of this nature in Thai educational institutions usually occurs in a teacher-student sexual relationship. In some cases, educators use grooming techniques to build trust with vulnerable targets and manipulate them into consensual sex acts, thus making the case fall outside of the criteria of sexual assault according to the Criminal Code and resulting in students over age 15 being unprotected under the existing provisions. Taking into account (1) the relationship between educator and students; (2) the educator’s position of trust; (3) the criminality of the act; (4) the effects on the student and the education system as a whole; and (5) the criminalization of sexual act by an educator with the student over the age of consent in other countries which deems the common notion of sexual freedom inapplicable; the author proposes that Thai legislation adds criminal provisions which specifically deals with the case of educator sexual misconduct with secondary school students.