Legal Measures Related to Sexual Harassment and Remedies for Victims in Criminal Cases

Abstract

            The article titled “Legal measures regarding sexual harassment and compensation for victims in criminal cases” studies legal measures in cases where sexual harassment has been committed and measures to provide compensation for victims in criminal cases regarding sexual harassment.

            The results of the study found that the Criminal Code is not clear about sexual harassment. It can be seen from Section 397 that it is a petty offense and covers non-violent sexual harassment. However, the statute does not have specific provisions for any cases of sexual harassment. Besides, any actions that are not serious threats according to Section 397 still need to be further considered whether it is sexual harassment. If so, that person may be punished as a misdemeanor, which is a light penalty. As a result, the person who commits sexual harassment that does not directly affect the victim's body is considered committing unserious sexual harassment that is incomparable to the offense of rape. Therefore, the perpetrator may not be guilty under the law and cannot be punished. On the other hand, the victims of harassment may feel shame, paranoia, and stress that affect their way of life and mental states that fall into depression and cannot truly be cured.

            Suggestions for protecting victims of sexual assault are to revise the criminal code by defining the action of "sexual harassment" clearly. Then, amend Section 397 by removing the second and third paragraphs to make sexual harassment a specific gender-related offense and set a higher penalty rate. Furthermore, add provisions for offenses related to sexual harassment that have been revised and improved at the end of the Act on Compensation for Victims and Compensation and Expenses for Defendants in Criminal Cases, B.E. 2001, in order to provide compensation for damages to victims in criminal cases for offenses related to sexual harassment.