The Increasing of Punishment Protection and Compensation for Victims of the Offense of Rape and Sexual Assault: A Case Study on Pregnancy Resulting from Sexual Assault

Abstract

This research consists purposes were 1. to examine the principles, concepts, and theories related to the determination of penalties, compensatory remedies, and the protection of victims who become pregnant as a result of rape and sexual assault 2. to compare the determination of penalties, compensatory remedies,and victim protection in case of pregnancy resulting from rape and sexual assault under Thai and foreign laws 3. to analyze the problems and issues arising in case where victims become pregnant due to the crime of rape and sexual assault and 4. to propose recommendations for improving and amending the determination of penalties, compensatory remedies, and victim protection measures in case where victims become pregnant due to the crime of rape and sexual assault. is a qualitative research study conducted through documentary research related to the research topic, including textbooks, books, academic articles, journals, theses, dissertations, legal documents and relevant online information from both Thai and international sources. These materials are studied and analyzed based on the issues specified in the research objectives and the data are then analyzed using content analysis. The study found that 1) principles concepts and theories concerning penalties, compensatory remedies, and victim protection all highlight the need to protect victims who become pregnant as a result of rape and sexual assault 2) a comparison of Thai and foreign laws reveals that foreign laws specify harsher penalties if rape and sexual assault lead to pregnancy. They also clearly mandate that the state provide compensation to these victims and include measures to protect them from having to confront the accused. Thai law, however, lacks these specific provisions 3) problems were identified in the clarity of penalties, the state's compensation mechanisms, and victim protection measures, as these are not yet specific enough for cases where the victim becomes pregnant from rape and 4) recommendations include increasing penalties, establishing specific criteria for compensation, and enhancing protection measures to shield victims who are pregnant due to rape and sexual assault from confronting the offender.