This Code comprises the main body of laws of Thailand and regulates many aspects of Thai law. Section 1502 states that divorce may be effected only by mutual consent or by judgment of the court. The grounds of action for divorce are set out at Section 1516 and do not discriminate between genders.
The plaintiff was an employee of the defendant, under the subordination of the second defendant. In September 1995, the second defendant and the plaintiff started a sexual relationship which the plaintiff could not avoid. Later, the second defendant engaged the plaintiff in other sexual activities on several occasions, which if the plaintiff refused, the plaintiff might face consequences at work. The plaintiff resigned from her job position on June 7, 2001.
The National Education Act provides for Thailand’s educational system’s structure. Under Section 10, all individuals shall have equal rights and opportunities to receive basic education provided by the State for the duration of at least 12 years. Such education, provided on a nationwide basis, shall be of quality and free of charge.
The plaintiff was working as an employee of the defendant and had the power to evaluate whether or not probation employees will be working full-time after the probation period. The plaintiff abused that power by asking his subordinate female employees out and if they did not comply the plaintiff would evaluate such female employees in a negative way. The plaintiff also abused its power by asking out applicants who apply for positions with the defendant during the period of time the defendant has to make decisions whether or not the applicants get the positions.
The Supreme Court ruled that a husband's adulterous behavior which caused his wife great mental pain and humiliation and led to a four-year-separation created appropriate grounds for the wife to file for divorce.
The plaintiff claimed that on the night the crime took place, the victim went to sleep around 9PM in the same bug screen as the victim’s father, the victim’s mother and her sister. Around midnight, the victim felt someone had pressed her down, undressed her pants and forced an object into her genitalia. The victim tried to push the perpetrator away. The victim felt that the person on top of her was a male, but felt too scared to open her eyes. She was perpetrated for approximately twenty minutes. The issue in this case was whether or not the defendant’s action was rape.
On the night of the crime committed, several perpetrators had gang raped the victim, at which the defendant was present. The defendant later drove the victim from the scene of the crime, and raped the victim along the way. The issue presented in front of the Supreme Court was whether the defendant was liable for gang rape when the defendant merely knelt down and was unclothed beside the victim at the gang rape. The Supreme Court held that the circumstances of the case as presented shows that the defendant was ready to gang rape the victim if had the chance.
The plaintiff claimed the co-defendants and a party of five, together, committed battery against the victim, who is a twenty-six year old female, forcefully performed public indecency by grabbing the victim’s breasts, forced the victim to put the defendants’ genitalia parts in her mouth and gang raped the victim alternately. The second defendant denied raping the victim, contending he only forced his genitalia part in the victim’s mouth and grabbed the victim’s breasts. The Supreme Court held that this is overall a crime of gang rape.
The accused took the underage victim from her parents. The Court determined that the offense of sexual assault and the offense of wrongfully taking the accused for the purpose of sexual assault are separate offenses.
Section 301 states that any woman, causing herself an abortion or allowing another person to procure an abortion for herself, shall be liable to imprisonment up to a term of three years or a fine not exceeding 60,000 Baht. Section 302 punishes those who procure an abortion for a woman with her consent; the penalty is imprisonment for a term not exceeding 10 years or a fine up to 20,000 Baht, with the term and amount varying according to if grievous bodily harm or death resulted from the abortion.
