Law Regarding Underage Sex With Consent
45 replies to this topic
Posted 2010-06-16 07:55:23
I've tried to search the forum to see if anyone has had a similar problem, but old topics are very hard to read because of the lack of quote boxes. Also most of what I have seen concern prostitution.
It is not clear to me if the age that a person has the right to consent to sexual intercourse is 15, 16, 18 or 20.
The problem that we have at the moment is that my girlfriend's son has had sex with a girl and the parents are now demanding money or they will go to the police.
I know that the law can be an ass, but I really can't believe that the police can do anything in this case
Her son is 15 years old and the girl is 16.
If the age of consent is 15, then surely no law has been broken
If the age of consent is 16, then I would have thought that SHE has committed an offense by having sex with an underage person
If age of consent is 18 or 20, I would have thought that it is no fault as they are both underage.
I have told my girlfriend that she should at least have a quick consultation with a Lawyer, but she is adamant that it is automatically the fault of the boy. I find that very hard to believe.
Has anybody been in a similar situation?
Does anyone actually know any facts?
The problem is that she is meeting with the parents tonight, I can't get out, otherwise I would try to speak to a lawyer in Khon Kaen to find out the truth of the law as I suggest that this idea that the boy is at fault is probably folklaw.
Any advice would be welcome
Posted 2010-06-16 08:08:54
For what it is worth my Wife tells me that they were both in the wrong and the Police will do nothing.
Up to the parents to talk to the kids. The girls parents cannot demand money.
That is my Wife's Thai thinking anyway.
Posted 2010-06-16 08:14:00
My wife has just confirmed what I thought. Here it is 18 years old if the parents say you can and at 20 years old the parents consent is not needed. Strange rule, but I'm sure others will confirm the same. So under 18 years old is a real no no.
Posted 2010-06-16 08:18:07
If your GF's son is younger then perhaps you have grounds to go to the police so a counter claim against the girls parents may be an option.
Posted 2010-06-16 08:20:11
This is how I feel, equal fault as they are both in the wrong.
Posted 2010-06-16 08:21:28
It may be that under 18 is a real no, no. But in this case they are maybe both underage and the girl is actually older than the boy!
Posted 2010-06-16 08:24:40
I am sorry to say we(my wife) has had to cope with this twice. In rural Isaan I believe they hear the 'Farang money tree' jangling and my wife has paid out twice to parents who have gone to the police and they are in on the scam too.20k the first time and 10k the second. Son in law was 17/18 and girls 16. The first time, the couple were actually living between both parents houses so all was 'out in the open.' The Girl FINISHED with S.I.L, then parents went to the police.
I kept right out of proceedings (although angry) and left it to be dealt with 'The Thai way'
Edited by Dave the Dude, 2010-06-16 08:25:15.
Posted 2010-06-16 08:24:43
No, this is factually wrong. The age of consent in Thailand is 15 with parental consent and 18 without parental consent.
The whole matter is complicated by a law of the jungle attitude in certain parts of the country and from some families who feel that irrespective of age, their daughter should not be soiled by a guy who has no intention of marrying her / or they do not consider him as the type she should be with / marry.
Posted 2010-06-16 08:28:28
This is what I was thinking and said this to my GF. She just thinks that I am being ridiculous as it has to be the boy's fault.
As an addition, I also wonder if this is a scam. There were 2 girls involved. The other girl went with an older man (Thai)and he has been hit with a demand for 50,000 Baht.
I was home alone and had a visit from 2 men who seemed pleasant enough, but asking strange questions about GF's son. If he had a girlfriend etc. I gave them my GF's phone number and told them to call her.
If they have hit up a Thai for 50,000. What are they after when they have seen that a farang is involved.
My GF's son looks older than 15, so if it was a set-up, they may well have thought him to be 18 or more.
Posted 2010-06-16 08:32:21
If this is true, My GF certainly did not consent to this and so she would theoretically have a claim against the girl. It should really equal out.
Posted 2010-06-16 08:46:22
..... and 13 if she is his own wife.
So if the boy was 15, the girls parents are in trouble too.......... tell em your son is only 14 and the girl is going to jail unless ......... 3 buffalo, 2 pigs, etc.
Edited by sarahsbloke, 2010-06-16 08:51:16.
Posted 2010-06-16 08:51:38
At least twice my wife's nieces at around 15 have had difficulty keeping their legs closed and their knickers on, and becoming pregnant. My wife's BIL is a policeman and they used him to apply pressure on the boys families. I don't approve and my wife doesn't mention these episodes now. My response is "It takes 2 to Tango", and" They both need a slap, him for not wearing a condom, and her for letting him screw her."
Posted 2010-06-16 09:10:27
What does it matter as wide spread as it is. Education & jobs. Family dynamic.
Posted 2010-06-16 09:12:51
I'm sure that this is not the case here, but the age of consent is higher when a payment of money is involved.
Posted 2010-06-16 17:05:40
If a farang [on a distance] is involved sometimes even both the families in question are in on it...demanding a 20k payment and then the gf [of the farang] keeps half...
Not in this case perhaps, but...but alert before you pay out. Or let the family itself deal with it and you stay out.
Posted 2010-06-16 17:47:40
In this case the demands are likely to start at 50,000 minimum and I can assure you that I will pay zero Baht.
My GF has just returned from work early as she is going to discuss this with the family.
She has asked me if I will go with her. I have told her only if she wants me to cause problems.
I have done a lot of searching on the internet today, but have been unable to find anything definitive. Only that about 4 years ago it does seem that minors in cases such as this are treated equally in law, be they male or female.
As the girl is older than the boy in this case, it is possible that she would be held accountable in law.
I am surprised that nobody else who posts on this forum has had a similar problem to allow me to learn from their experiences.
Posted 2010-06-16 18:02:25
I should also add that I am returning to the UK next month. The money that I have is earmarked to do some work on my 2nd property to sell.(tenant has not been paying rent, despite getting benefit since losing their job and they will be evicted mid-July)
My girlfriend in the last few days has sold her gold and used her savings to put a deposit down on a new pick-up. Neither of us have spare cash at the moment, so are not in a position to meet any ridiculous demands.
I will see what happens this evening when my GF meets with the parents and then make a decision whether to insist on consulting a lawyer.
It's a shame that Isaan Lawyers that are a sponsor on Thaivisa have their offices in Korat and only promise to respond to email enquiries within 72 hours. I would be happy to pay a small fee for a consultation with someone that actually knows what the law is.
I am getting more suspicious that this is a scam and would not be at all surprised if this is not the first time that these girls have done this. The 2 men that came and talked to me and the head man of the girl's village who has talked to my girlfriend on the telephone were so relaxed. You would think thay'd be angry if some boy had taken their girl's virginity.
Posted 2010-06-16 18:05:58
hi just google age of consent thailand you will get all your correct answers there the age of consent is 15 between consenting thai its different if it involves farang or prostitution
heres one link
Ages of consent in Asia - Wikipedia, the free encyclopedia
Posted 2010-06-16 18:17:07
heres something from one of the help pages
For homosexual and heterosexual sex the age is 15 years’ old (279 of the Thai Criminal Code) although the laws can also be interpreted to allow prosecution under 18. The Prevention and Suppression of Prostitution Act states that no one can have sex with a prostitute under 18. Another act states that if the child’s parents don’t consent, or they do at first and then change their mind, the person can be charged with statutory rape. Some say that the legislation on the age of consent is still not fully understood. Obviously, there is the law of the family/the village and the government law. Some girls might have sex or live with a man at a very young age providing the man provides her family with a dowry or the promise of one. The law may pertain to what seems moral or immoral. A 15 year old having sex with her teacher would be deemed as immoral – but if the girl’s parents agree . . . If your son is 18 and she is 17 then he could be prosecuted . . . I think
i think if you was not known it would just be forgotten about but you are the goldern cash cow
Posted 2010-06-16 18:29:41
I've done all that, but I haven't found anything conclusive. It is probably right that the age of consent is 15
However the Wilki reference contradicts itself as the singer in the band had sex with a 16 year old girl and received a suspended sentence. It the age of consent is 15, why and for what was he prosecuted after it was proved that he was not the baby's Father?
I can only guess that it was because she was under 18 and he was older.
In this case, they are both under 18, but above the age of 15. I have googled and searched but have found nothing
It appears that most village Thais consider the age of consent to be 18 and sex between consenting children below this age is against the law, with the boy automatically being at fault. I believe that the law does not distinguish between gender and in this case equal fault or no fault. But I don't know and have not been able to find anything to be sure
Posted 2010-06-16 18:33:17
If the father was upset his daughter was defiled he would be upset.
If he saw her as a cash-cow he would be relaxed and talk about money...
Guess what my perception of Issan fathers is after knowing several girls from the region?
Posted 2010-06-16 18:34:48
i wonder what would have happened if the daughter was yours would you be getting a payout from the boys parents
Posted 2010-06-16 19:10:35
My wife attended a wedding recently in Klang and it was a young girl (15) marrying a young Thai man/boy (24) she said many people said they were to young.
Posted 2010-06-16 19:52:49
Get your girlfriend to contact the boy's dad so he can come around and deal with it.
And brace yourself for the lad getting some girl pregnant and dumping his offspring on your largesse.
Posted 2010-06-16 20:03:51
Oh that lucky bugger. getting nailed by an older woman:lol:. Wait tell she and her parents find out that she is being done for child molestation.
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