Kenny202 Posted October 31, 2018 Author Share Posted October 31, 2018 Surprised it took this long for that response but no not me. Not this time anyway 5555. Im sure many of us have sailed close to the wind in this respect. I too have lived out in the villages. Most of these things sorted out by the local poojaibaan or BIB. No one has money to go to court. You do see though there seems to be no definitive or clear answer...like many things in LOSSent from my SM-J730GM using Thailand Forum - Thaivisa mobile app 1 Link to comment Share on other sites More sharing options...
Popular Post Snow Leopard Posted October 31, 2018 Popular Post Share Posted October 31, 2018 I think when she asks you to help with her homework might be a dead giveaway. 1 2 Link to comment Share on other sites More sharing options...
petermik Posted October 31, 2018 Share Posted October 31, 2018 Maybe the girls mother has the green eyed monster syndrome as she,s not getting a good seeing to 1 Link to comment Share on other sites More sharing options...
NanLaew Posted October 31, 2018 Share Posted October 31, 2018 55 minutes ago, sanemax said: He is not correct . 15 years olds cannot give consent without their parents consenting to the relationship , 18 years olds can give consent without their parents giving their consent . And I recall reading some other vaguely worded caveat on this subject on this forum where 18 year-olds can give consent unless they are still living with their parents in the family home, whereupon they have to be 20 years-old to give that consent. Now that probably does not have any standing in any Thai court of law and makes absolutely no sense to us, but there's the other, more esoteric cultural aspects that can prevail here and if the family has money and big face, then the police can be involved. It's a proper dog's dinner, that's what it is. Link to comment Share on other sites More sharing options...
Popular Post NanLaew Posted October 31, 2018 Popular Post Share Posted October 31, 2018 35 minutes ago, Snow Leopard said: I think when she asks you to help with her homework might be a dead giveaway. Like when my (then) girlfriend accused me of being a pedophile? I told her, "Pedophile eh? That's a pretty big word for an eleven year-old." Those with sensitivities, lack of sense of humor or their poor taste detector set on low can use the 'Report post' function now. 2 1 Link to comment Share on other sites More sharing options...
BritManToo Posted October 31, 2018 Share Posted October 31, 2018 (edited) 17 hours ago, Kenny202 said: Generally I have heard the age of consent is much lower than 18...again with the parents consent. Is there a definitive answer on this or is it like everything here? 2 Yes there is, you may not like or agree with the rules, but here they are .......... Age 13 if married with a judges written permission (can be given retroactively, cancelling all previous legal punishments) Age 15 with parents permission Age 18 if no financial inducements (gifts or money) Age 20 anything goes. Edited October 31, 2018 by BritManToo 1 Link to comment Share on other sites More sharing options...
BritManToo Posted October 31, 2018 Share Posted October 31, 2018 14 hours ago, sanemax said: Apart from under 20's not being allowed into bars Staff over 18 is allowed, customers must be over 20. Link to comment Share on other sites More sharing options...
phetpeter Posted October 31, 2018 Share Posted October 31, 2018 IF I recall, the age of consent is 15, but somewhere there is also 18, which I believe something to do with living together. but if meet in Bar or working establishment the age of consent is 21. Link to comment Share on other sites More sharing options...
phetpeter Posted October 31, 2018 Share Posted October 31, 2018 Still if she says to you shes phoning her Mum to let her know, perhaps you should stop hanging around the 7/11! 1 Link to comment Share on other sites More sharing options...
phetpeter Posted October 31, 2018 Share Posted October 31, 2018 Short hair and blouse with sailor collar are good signs you shouldn't be offering to be her homework! Link to comment Share on other sites More sharing options...
Kwasaki Posted October 31, 2018 Share Posted October 31, 2018 1 hour ago, Kenny202 said: I keep hearing this word compoundable, and I understand what the word means but I don't understand what it means in this instance? Compoundable means to exacerbate or grow. If the person is over 16 with consent there is no offence as such...so what is compounded? As I see this scenario in this instance means OP's mate is being conned. The Thai law states nothing about parental consent it's made up by Thai families hence OP's mate it being told by police utter BS unless there is something else he is not telling OP. 1 Link to comment Share on other sites More sharing options...
Kwasaki Posted October 31, 2018 Share Posted October 31, 2018 1 hour ago, sanemax said: He is not correct . 15 years olds cannot give consent without their parents consenting to the relationship , 18 years olds can give consent without their parents giving their consent . The Thai law is quite clear on this Criminal offences can also be classified as compoundable and non-compoundable offences. COMPOUNDABLE OFFENCES. Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused. As we do not know the facts or true it seems the police are involved via the parents and conning OP's mate. Link to comment Share on other sites More sharing options...
OneMoreFarang Posted October 31, 2018 Share Posted October 31, 2018 Lets imagine a legal case. How would anybody prove that they had sex together (if she is not pregnant)? He could say he was in love but he wanted to wait with sex until they are married. I heard people like that exist. Where is the prove? No prove, no possible legal case, problem solved. Link to comment Share on other sites More sharing options...
Snow Leopard Posted October 31, 2018 Share Posted October 31, 2018 So she followed the Smartie trail then? How is the school run these days Kenny? ???? Link to comment Share on other sites More sharing options...
Scouse123 Posted October 31, 2018 Share Posted October 31, 2018 36 minutes ago, OneMoreFarang said: Lets imagine a legal case. How would anybody prove that they had sex together (if she is not pregnant)? He could say he was in love but he wanted to wait with sex until they are married. I heard people like that exist. Where is the prove? No prove, no possible legal case, problem solved. I wouldn't fancy challenging with that argument in court, especially a Thai court, if Thai police bring the charges and the girl is prepared to testify. Even if she didn't want to, the police would force the issue if they were that way minded. Link to comment Share on other sites More sharing options...
LongTimeLurker Posted October 31, 2018 Share Posted October 31, 2018 16 hours ago, NCC1701A said: Thai law states that the age of consent is 15 years of age. But to confuse matters a little, when it comes to commercial sex, that is prostitution, the age of consent is not 15, but 18. To really confuse matters even further, there are laws that state that those under 20 are not allowed to enter certain establishments, although this is not an age of consent issue as such, but a law related to alcohol consumption. The most sensible post. 1 Link to comment Share on other sites More sharing options...
LongTimeLurker Posted October 31, 2018 Share Posted October 31, 2018 13 hours ago, sanemax said: Apart from the fact that prostitution is illegal in Thailand for any age . 15 year olds cannot give consent without their Parents also giving consent , so, a 15 year old cannot give consent independently , making the age of consent to be 18 The Criminal Code says nothing about parents having to give consent. Link to comment Share on other sites More sharing options...
LongTimeLurker Posted October 31, 2018 Share Posted October 31, 2018 2 hours ago, Kwasaki said: As I see this scenario in this instance means OP's mate is being conned. The Thai law states nothing about parental consent it's made up by Thai families hence OP's mate it being told by police utter BS unless there is something else he is not telling OP. And we have a winner !!!! Link to comment Share on other sites More sharing options...
RichardColeman Posted October 31, 2018 Share Posted October 31, 2018 Wonder what number in the line of accused your friend is ? Seems great money earner - she'll probably end up being in late 20's Link to comment Share on other sites More sharing options...
LongTimeLurker Posted October 31, 2018 Share Posted October 31, 2018 2 hours ago, BritManToo said: Yes there is, you may not like or agree with the rules, but here they are .......... Age 13 if married with a judges written permission (can be given retroactively, cancelling all previous legal punishments) The Penal Code doesn't exactly say this. It says it's an offence if you are not married to the child (13 to 15). But if you commit the offence (being unmarried) the court can give permission to marry and there will be no legal punishment. 2 hours ago, BritManToo said: Age 15 with parents permission The Penal Code says nothing about parental permissions 2 hours ago, BritManToo said: Age 18 if no financial inducements (gifts or money) Age 15 to 18 if no financial inducements or coercion 2 hours ago, BritManToo said: Age 20 anything goes. The Penal Code makes no mention of any age over 18. Link to comment Share on other sites More sharing options...
OneMoreFarang Posted October 31, 2018 Share Posted October 31, 2018 It seems there are a couple of different opinions here. Maybe lets look at this in another way. How many of us had already sex with one or more girls under the age of 20 in Thailand? I bet a lot. How many of us ever had to pay extra money to the parents for that? I don't know anybody personally who was even asked to pay. If doing that would be illegal and if parents could demand lots of money to forget about it then I would guess lots of people would have heard about this "scam" already. And probably some would have paid. And then more and more girls and parents would decide that that is a golden opportunity to make a lot of extra money. Does it happen? No. I guess that answers the question at least in a practical sense. Link to comment Share on other sites More sharing options...
sanemax Posted October 31, 2018 Share Posted October 31, 2018 1 hour ago, LongTimeLurker said: The Criminal Code says nothing about parents having to give consent. Yes it does, the links stating as such have been posted in this thread . Just to make it clear , Parents do not have to give consent to the relationship , but if they oppose the relationship , they can inform the Police and request them to file charges for rape of a minor . Link to comment Share on other sites More sharing options...
LongTimeLurker Posted October 31, 2018 Share Posted October 31, 2018 3 minutes ago, sanemax said: Yes it does, the links stating as such have been posted in this thread . Just to make it clear , Parents do not have to give consent to the relationship , but if they oppose the relationship , they can inform the Police and request them to file charges for rape of a minor . Nobody has posted link to the Penal Code, only links to Wikipedia. Link to comment Share on other sites More sharing options...
sanemax Posted October 31, 2018 Share Posted October 31, 2018 20 minutes ago, LongTimeLurker said: Nobody has posted link to the Penal Code, only links to Wikipedia. .................and the Wikipedia link gives a link and quotes the penal code Penal Code Amendment Actof 1997 Section 283bis Link to comment Share on other sites More sharing options...
Fex Bluse Posted November 1, 2018 Share Posted November 1, 2018 On 10/30/2018 at 10:38 PM, Katia said: If it has the ability to go so horribly wrong, why not just let it be and find a girl old enough that you don't have to deal with her parents? Surely there are other fish in the sea without ending up in hot water over some kind of he-said/she-said, did too/did not game with the parents, and surely 18 is not too old to be a dealbreaker. Have you ever felt the smooth, taught flesh of a teenager in your older body? Or smelled the sweet aroma if a 18 or 19 year old? Silky hair, white teeth, clear eyes. That's why. It's heaven on earth and NOTHING can approximate it. I'd rather have an average teenage girl than even the most beautiful 30 year old woman in the world. Link to comment Share on other sites More sharing options...
Paul Catton Posted November 1, 2018 Share Posted November 1, 2018 14 hours ago, LongTimeLurker said: Nobody has posted link to the Penal Code, only links to Wikipedia. https://www.thailandlawonline.com/laws-in-thailand/thailand-criminal-law-text-translation#penal-2 TITLE IX OFFENCE RELATING TO SEXUALITY Section 277 Whoever, has sexual intercourse with a girl not yet over fifteen years of age and not being his own wife, whether such girl shall consent or not, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht. If the commission of the offence according to the first paragraph is committed against a girl not yet over thirteen years of age, the offender shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life. If the commission of the offence according to the first or second paragraph is committed by participation of persons in the nature for destroying a girl and such girl is not consent, or by carrying the gun or explosive, or by using the arms, the offender shall be punished with imprisonment for life. The offence as provided in the first paragraph, if the offender being the man commits against the girl over thirteen years but not yet over fifteen years of age with her consent and the Court grants such man and girl to marry together afterwards, the offender shall not be punished for such offence. If the Court grants them to marry together during the offender be still inflicted with the punishment, the Court shall release such offender. Section 278 Whoever, committing an indecent act to the person out of fifteen years of age by threatening with any means, by doing any act of violence, by taking advantage of that person to be in the condition of inability to resist, or by causing that person to mistake him for the other person, shall be imprisoned not out of ten years or fined not out of twenty thousand Baht, or both. Section 279 Whoever, commits an indecent act on a child not yet over fifteen years of age, whether such child shall consent or not, shall be punished with imprisonment not exceeding ten years or fined not exceeding twenty thousand Baht, or both. If the commission of the offence according to the first paragraph, the offender commits it by threatening by any means whatever, by doing any act of violence, by taking advantage of such child being in the condition of inability to resist, or by causing such child to mistake him for another person, the offender shall be punished with imprisonment not exceeding fifteen years or fined not exceeding thirty thousand Baht, or both. Section 282 Whoever, in order to gratify the sexual desire of another person, procures, seduces or takes away for indecent act the man or woman with his or her consent, shall be punished with imprisonment of one to ten years and fined of two thousand to twenty thousand Baht. If the commission of the offence according to the first paragraph is occurred to the person over fifteen years but not yet over eighteen years of age, the offender shall be punished with imprisonment of three to fifteen years and fined of six thousand to thirty thousand Baht. If the commission of the offence according to the first paragraph is occurred to the child not yet over fifteen years of age, the offender shall be punished with imprisonment of five to twenty years and fined of ten thousand to forty thousand Baht. Whoever, in order to gratify the sexual desire of another person, obtains the person who is procured, seduced or taken away according to the first, second or third paragraph or supports in such commission of offence, shall be liable to the punishment as provided in the first, second or third paragraph, as the case may be. Section 283 Whoever, in order to gratify the sexual desire of another person, procures, seduces or takes away for indecent act a man or woman by using deceitful means, threat, doing an act of violence, unjust influence or mode of coercion by any other means, shall be punished with imprisonment of five to twenty years and fined of ten thousand to forty thousand Baht. If the commission of the offence according to the first paragraph is occurred to the person over fifteen years but not yet over eighteen years of age, the offender shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life. If the commission of the offence according to the first paragraph is occurred to the child not yet over fifteen years of age, the offender shall be punished with imprisonment of ten to twenty years and fined twenty thousand to forty thousand Baht, or imprisonment for life, or death. Whoever, in order to gratify the sexual desire of another person, obtains the person who is procured, seduced or taken away according to the first, second or third paragraph, or supports in such commission of offence, shall be liable to the punishment as provided in the first, second or third paragraph, as the case may be. Section 283 bis Whoever, takes away the person over fifteen years but not yet over eighteen years of age for indecent act with consent of such person, shall be punished with imprisonment of not exceeding five years or fined not exceeding ten thousand Baht, or both. If the commission of offence according to the first paragraph is occurred to the child not yet over the fifteen years of age, the offender shall be punished with imprisonment not exceeding seven years or fined not exceeding fourteen thousand Baht, or both. Whoever, conceals the person who is taken away according to the first or second paragraph, shall be liable to punishment as provided in the first or second paragraph, as the case may be. If the offences according to the first and third paragraph are specially occurred in the case of committing to the person exceeding the fifteen years of age, they are compoundable offences. Link to comment Share on other sites More sharing options...
Popular Post Fex Bluse Posted November 1, 2018 Popular Post Share Posted November 1, 2018 (edited) If you've been in Thailand long, you know that law as written is often irrelevant. Thailand is not a country of law but rather a country of man. The person with power in a situation makes the decision. So, quoting Wikipedia or other sources provides no reassurance at all. This is not the West and Thais don't have a reputation for law abiding. It may be a scam or it may not be. If I would be inclined to pay, I would simply draw up a document saying what the payment was for and who requested it and such and have both parties sign with copies of ID. Edited November 1, 2018 by Fex Bluse 4 Link to comment Share on other sites More sharing options...
Popular Post Kenny202 Posted November 1, 2018 Author Popular Post Share Posted November 1, 2018 34 minutes ago, Fex Bluse said: If you've been in Thailand long, you know that law as written is often irrelevant. Thailand is not a country of law but rather a country of man. The person with power in a situation makes the decision. So, quoting Wikipedia or other sources provides no reassurance at all. This is not the West and Thais don't have a reputation for law abiding. It may be a scam or it may not be. If I would be inclined to pay, I would simply draw up a document saying what the payment was for and who requested it and such and have both parties sign with copies of ID. A very realistic and accurate description of things here. It should be understood the way things are done in the remoter areas completely differently to the city. Many issues out in the bush still sorted out by settlement between 2 parties in a police station or with the poh yai baan. Even civil matters. All the family marches up to the police station etc. Normally there is a commission in it for the adjudicator and sometimes an incentive for them to collect the largest settlement they can get. We had a situation in the village I lived. My then Mrs sold some land next door. Actually thought she had sold it to her sister but somehow her Tom GF got her name on the purchase paper. The Tom and the sister had split up years ago. Anyway, was sold to her 8 years before for 50k THB. Was a useless bit of non titled land out in the middle of nowhere....would be nearly impossible to sell again and the Tom was from Bangkok so would never want to live there. What I assumed happened was she saw on good old Facebook my Mrs had found herself a farang and thought an opportunity for her to extract some money. So one day BIB rocks up at the house, very nasty..photos pointing fingers etc. Told my ex that she sold the land 8 years ago without advising her there was no title...therefore he considered it fraud and if she didn't stump the dough up tomorrow morning (120k) he was taking her to jail. Obviously he was on an incentive to collect. He wasn't intimidated by the fact she had a foreigner or us telling him it wasn't a police issue but a civil matter. He took her in the office at the station and wouldn't let me come in. Was a totally blatant shakedown. Really tried to intimidate her. Went and saw a lawyer and he was all talk at first...he'd do this and do that but backed down at the last minute and didn't want to take this guy on. Out of the blue, a friend of mine turned up a home with a new GF, her dad big boss of police in our area 5555. Few phone calls and all sorted. We ended up offering Tom what she paid for it 8 years ago ( a good deal for us as it was land right next to my Mrs land) and the BIB (now our best buddy) insisted she accept the offer. The woman was livid thought the BIB had double crossed her as we'd offered him more money or something. Watching the news a few weeks later and the very same Tom apparently ring leader in a big car stealing scam and had just been convicted 5 years 5555 I learnt then that in LOS you are best not coming under the focus of the law for any reason. I could imagine getting sucked into a situation without any way out. I don't know what would have happened should my friend had not turned up...if the cop would have really went through with it or what. Was a pretty scary experience though and had very little control over anything 2 1 Link to comment Share on other sites More sharing options...
Popular Post Scouse123 Posted November 1, 2018 Popular Post Share Posted November 1, 2018 (edited) 5 hours ago, Fex Bluse said: If you've been in Thailand long, you know that law as written is often irrelevant. Thailand is not a country of law but rather a country of man. The person with power in a situation makes the decision. So, quoting Wikipedia or other sources provides no reassurance at all. This is not the West and Thais don't have a reputation for law abiding. It may be a scam or it may not be. If I would be inclined to pay, I would simply draw up a document saying what the payment was for and who requested it and such and have both parties sign with copies of ID. Fex Bluse, Totally with you. You can quote Wikipedia all you want but when you are standing in a court it will have little or no effect and even anger them if somebody attempts to imply they know the law better than a Thai judge, even if the chances are that they do! To me, at 19 years of age, if that is the case then he should just pay nothing and the case will go nowhere at all. The police will lose interest as they know they are on the very thin ice. They wouldn't get one baht from me but we are all different. It does put me on guard when people seem to delve and really want to know the ins and outs of Thai law regard consent especially when ages of 13-15 start coming up. It certainly brings my radar pings on alert as to why people do get interested in this. It is a very opaque and dangerous area of Thai life to get involved in. I am not referring to those who have quoted laws or text, more aimed at the OP asking the exact state of play regards the law. I am here a lot of years now and always found if somebody is 18 or 19, then there really isn't much to worry about. I certainly think the court would take a dim view if, the man, was to be a 30 plus something foreigner and the girl 15 years old or so, or thereabouts. These laws seem to have been designed around the farming communities when we had girls walking around pregnant at 12 and 13 years old to feckless Thai fathers of 16 or 17, who then ran off to work in Bangkok to shirk any responsibility. Quote Edited November 1, 2018 by Scouse123 2 1 Link to comment Share on other sites More sharing options...
LongTimeLurker Posted November 1, 2018 Share Posted November 1, 2018 (edited) 20 hours ago, sanemax said: .................and the Wikipedia link gives a link and quotes the penal code Penal Code Amendment Actof 1997 Section 283bis And that penal code makes no mention of parental consents, see Paul Cattons post at #56. Edited November 1, 2018 by LongTimeLurker Link to comment Share on other sites More sharing options...
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