Legal advice - not sure if my understanding of the law is correct

[phuket11]

Hello all,

 

Created this account to discuss a concern I have. Probably something of nothing, but better safe than sorry after all.

 

2 years ago I was living in Thailand, and ended up getting into a relationship with a girl there. She was 17, I was 23 (now we're 19/25 respectively). We had plenty of sex, no money ever changed hands, she wasn't a prostitute, it was a totally legit, above board relationship.

 

Anyway, said relationship ended after around 6 months. I spent a further 6 months in Thailand with no troubles whatsoever, before returning to my home country.

 

When examining Thai law, it would appear to me that this sexual relationship was actually illegal, however the statute of limitations for reporting said crime may well have expired, and thus I'd be 'in the clear' anyway. FYI, before the moralists come in, I don't consider that I've done anything  morally wrong at all, it's a perfectly normal age gap in my view both in my country and in Thailand - so beat it if that's all you've got to offer. I'm looking to clarify the legal situation, that's all - in case, for whatever reason, she decided to 'get back' at me for our relationship failing.

 

Looking at the Thai Criminal Code (http://library.siam-legal.com/thai-criminal-code/), the relevant section would appear to be this one - specifically the first paragraph:

 

=========

Section 283-2 Punishment for over 15 but Under 18

 

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.

 

========

 

So it would appear I broke the law regarding paragraph one (over 15/under 18, with consent), but such an offence is 'compoundable'.

 

Upon researching what a 'compoundable offence' was, I came across this section:

 

========

 

Section 95. Prescription

 

In a criminal case, if the offender is not prosecuted and brought to the Court within the following specified periods of time as from the date of the commission of the offence, the prosecution shall he precluded by prescription:

1. Twenty years in case of offences punishable with death, imprisonment for life or imprisonment of twenty years;
2. Fifteen years in case of offences punishable with imprisonment of over seven years but not up to twenty years;
3. Ten years in case of offences punishable with imprisonment of over one year up to seven years;
4. Five years in case of offences punishable with imprisonment of over one month up to one year;
5. One year in the case of offences punishable with imprisonment of one month downwards or other punishment.

If the offender has been prosecuted and brought to the Court, but the offender escapes, or is insane, and the Court gives order suspending the trial till the specified period has expired reckoning from the date of escape, or the date of giving order suspending the trial, it shall be deemed that prosecution be likewise precluded by prescription.

 

Section 96. Compound Offenses

 

Subject to Section 95, in case of compoundable offence, if the injured person does not lodge a complaint within three months as from the date of offence and offender to be known by the injured person, the criminal prosecution is precluded by prescription.

 

=========

 

So here's where my confusion is, and what I'd appreciate clarification on: according to section 95 (Prescription), the statute of limitations for this offence would be 10 years. However, according to section 96, as the incidents took place over three months ago, and no complaint had been launched, there could not be any prosecution.

 

Basically, am I totally in the clear now if, for whatever reason, my ex girlfriend reported this later (as it has passed 3 months) or is there potential for problems for the next 8 and a half years until the 10 year statute expires?

[BritManToo]

TL:DR

Try harder wordy forum troll.

[Pravda]

I'm just gonna say this. If she is intent on making your life hell in Thailand the age difference would have nothing to do with it.

 

My ex Thai who doesn't even live in Thailand is well connected and could pop me tomorrow if she wanted. Fortunately I'm just a waste of space to her... And this forum apparently.

[AlexRich]

I’ve just spoken to a friend of mine who is a Thai criminal lawyer, explained your situation, and this is what he said:

 

“Let’s face it, he’s a beast ... a nonce ... he wants locking up”. 

[phuket11]

1 minute ago, Pravda said:

I'm just gonna say this. If she is intent on making your life hell in Thailand the age difference would have nothing to do with it.

 

My ex Thai who doesn't even live in Thailand is well connected and could pop me tomorrow if she wanted. Fortunately I'm just a waste of space to her... And this forum apparently.

 

I no longer live in Thailand. My concern is mainly, let's say I wished to go back there at some point in the future, or even just to visit for a holiday - would there be any legal danger, or has that now long passed? We're no longer in contact so she wouldn't even know I'd returned.

[phuket11]

1 minute ago, AlexRich said:

I’ve just spoken to a friend of mine who is a Thai criminal lawyer, explained your situation, and this is what he said:

 

“Let’s face it, he’s a beast ... a nonce ... he wants locking up”. 

 

17 is perfectly legal in the vast majority of Europe, much of America, everywhere in South America and around half of Asia. There's plenty of late teen girls who date guys in their 20s. I do not consider I've done anything morally wrong whatsoever, just interested in the legal position.

[AlexRich]

1 minute ago, phuket11 said:

 

17 is perfectly legal in the vast majority of Europe, much of America, everywhere in South America and around half of Asia. There's plenty of late teen girls who date guys in their 20s. I do not consider I've done anything morally wrong whatsoever, just interested in the legal position.

 

Don’t shoot the messenger. You step foot on Thai soil and you’ll be dining at the Bangkok Hilton paedo wing, this is serious business. 

[cornishcarlos]

I used to bang the bejeesus out of my girlfriend when I was 18 and she was 17.. Still friends with her 30yrs later and actually had lunch with her couple weeks ago back in U.K... She didn't press charges before or after lunch !!! 

I think you will be fine ????????????

[NCC1701A]

25 minutes ago, phuket11 said:

We had plenty of sex, no money ever changed hands, she wasn't a prostitute, it was a totally legit, above board relationship.

does she know your full legal name?

were you staying at a hotel?

was she super upset with you?

[phuket11]

1 minute ago, NCC1701A said:

does she know your full legal name?

were you staying at a hotel?

was she super upset with you?

 

She was upset, although I lived in the same place for the following 6 months, and no police (or anyone else) ever showed up on my door - so I can be reasonably sure there was no complaint made in the 3 months following our relationship ending.

 

Yes she knows my full name.

 

I was staying in a condo.

 

[phuket11]

6 minutes ago, cornishcarlos said:

I used to bang the bejeesus out of my girlfriend when I was 18 and she was 17.. Still friends with her 30yrs later and actually had lunch with her couple weeks ago back in U.K... She didn't press charges before or after lunch !!! 

I think you will be fine ????????????

 

Oh I know there's not much chance of there been a problem. I'm asking - if she, i the future, wanted to make it a problem, could she - or because nothing was reported within the 3 months after the last sexual contact, am I essentially in the clear?

[AlexRich]

6 minutes ago, NCC1701A said:

does she know your full legal name?

were you staying at a hotel?

was she super upset with you?

It was the anal that did it!

[NCC1701A]

6 minutes ago, phuket11 said:

if she, i the future, wanted to make it a problem, could she

did you shoot a big load of semen all over her clothes or panties. something she could take to the police for DNA?

Are there any witnesses to you have sex?

CCTV cameras?

Did you send her any photos of your penis?

If you did not hear from her in the first few months I think you are OK.

 

 

 

Edited March 28, 2019 by NCC1701A

[phuket11]

6 minutes ago, NCC1701A said:

did you shoot a big load of semen all over her clothes or panties. something she could take to the police for DNA?

Are there any witnesses to you have sex?

CCTV cameras?

If you did not hear from her in the first few months I think you are OK.

 

 

 

 

It would be quite easy for her to prove we had a sexual relationship, yes. Even if the CCTV cameras outside the condo weren't working, chatlogs from LINE conversations would be more than enough to prove that part.

 

But as it's  a 'compoundable' offence, the Thai Criminal Code states that such an action needs to be brought within 3 months from the date of said offence. But then later says the statute of limitations is 10 years for all offences that can lead to between 1-7 years in jail. The main question is - let's say she went to the police and said she was 17 and we had sex - would they even care at this point, or would they point her to section 96 (compoundable offences).

 

EDIT: we never traded any nude photos or anything else that could be classified as 'obscene'. Never made any videos of having sex or anything like that.

Edited March 28, 2019 by phuket11

[Kwasaki]

44 minutes ago, phuket11 said:

When examining Thai law, it would appear to me that this sexual relationship was actually illegal,

That's right you are a border line ephebophilia.

 

 

[ianezy0]

8 minutes ago, NCC1701A said:

did you shoot a big load of semen all over her clothes or panties.

 

 

 

I think you are confusing this with another thread, the one regarding 800k in the bank. Mind you, both are deposits!

[OneMoreFarang]

Lets say it like this: I never read or heard about any farang who got into trouble for having a 17 year old girlfriend. And I am pretty sure I know enough guys who had sex with under 18 year old girls (and to be clear: 16 - 17, not < 15)

 

There might be a theoretical risk somewhere but who cares? Did you know prostitution is illegal in Thailand? How many people do you know or ever heard of who had to pay a fine for that crime?

 

qed

[simon43]

Quote

 

Did you send her any photos of your penis?
 

 

 

OMG!  I send loads of photos like this - they are sent automatically in my email auto-reply signature.  Is this not a good idea then?? ????  (Luckily I have a very small penis, and it's usually mistaken for the exclamation mark...)

Edited March 28, 2019 by simon43

[phuket11]

5 minutes ago, OneMoreFarang said:

Lets say it like this: I never read or heard about any farang who got into trouble for having a 17 year old girlfriend. And I am pretty sure I know enough guys who had sex with under 18 year old girls (and to be clear: 16 - 17, not < 15)

 

There might be a theoretical risk somewhere but who cares? Did you know prostitution is illegal in Thailand? How many people do you know or ever heard of who had to pay a fine for that crime?

 

qed

 

I agree it's probably unlikely anything is gonna happen, and yeah there's lots of laws that aren't really followed in Thailand. With that said, it would be kinda nice to know that there's no potential for trouble, even if she later did decide to try and make an issue out of it - people after all can be unpredictable.

[NCC1701A]

26 minutes ago, phuket11 said:

It would be quite easy for her to prove we had a sexual relationship, yes.

i need some more information. did you undress her or did she undress for you?

did you have doggy style sex with her?

did you perform oral sex on each other?

did she have a orgasm? just one?

did you ever suggest that her friends join you?

[phuket11]

5 minutes ago, NCC1701A said:

i need some more information. did you undress her or did she undress for you?

did you have doggy style sex with her?

did you perform oral sex on each other?

did she have a orgasm? just one?

did you ever suggest that her friends join you?

 

1) Both happened throughout the course of the relationship.

2) Yes

3) Yes

4) I don't really know since women can easily fake it.

5) No

 

Is there some separate statute about oral sex/'degrading' sexual positions or something? The latter might be difficult to prove in any case though.

[DaRoadrunner]

I am trying to decide who is taking the piss here, the original poster or those who replied. Well, it beats reading the Visa Forum.

[rumak]

26 minutes ago, NCC1701A said:

i need some more information. did you undress her or did she undress for you?

did you have doggy style sex with her?

did you perform oral sex on each other?

did she have a orgasm? just one?

did you ever suggest that her friends join you?

could you post her phone number please

[Briggsy]

When I worked in Bangkok, one of my farang colleagues was imprisoned for 6 months for exactly this. The essential part is that her parent(s) need to make a police complaint. If one parent does this, you're toast.

[phuket11]

7 minutes ago, Briggsy said:

When I worked in Bangkok, one of my farang colleagues was imprisoned for 6 months for exactly this. The essential part is that her parent(s) need to make a police complaint. If one parent does this, you're toast.

 

Hi,

 

Would you happen to know if said complaint came within 3 months of the date of the offence or not? As it might shed some light on the statute of limitations thing.

[CharlieH]

Troll comments and responses removed

 

[phuket11]

BTW, if no one here knows for sure, does anyone know of a reputable Thai lawyer I could contact and pay from overseas who would be able to clarify the matter?

[Briggsy]

9 hours ago, phuket11 said:

 

Hi,

 

Would you happen to know if said complaint came within 3 months of the date of the offence or not? As it might shed some light on the statute of limitations thing.

Since the relationship was ongoing, yes, the complaint must have come within 3 months of the date of the offence.

[Pravda]

6 hours ago, phuket11 said:

BTW, if no one here knows for sure, does anyone know of a reputable Thai lawyer I could contact and pay from overseas who would be able to clarify the matter?

 

I wouldn't let my name known to Thai lawyers.

[JordanJones]

Of course it's morally wrong. She was a child and you are an adult. No adult should have sex with a child. That's why they have laws. Interpretation of those laws is a matter for the courts.