The Legal Age In Thailand Is 20

[Tod Daniels]

You see I live in Thailand and I know the law in Thailand.

You live in the glorious "Land 'O Thais" and you know the law, <deleted> is this thread even about?

Still didn't spend the 3 baht to call the Lumpini Police Station to get the answer huh? Here's the number again just in case you want to put this thread to bed; 02-255-5993-7. I wonder are you just trying to boost your post count or become the T/V record holder for making as many unsubstantiated statements as you can to demonstrate your superior intellect on a subject you know nothing about?

I still concur with "GuestHouse" posing the question about the 'legal age of consent' does tend to lead readers to believe you're possibly an old git who just hasn't realized it yet

[manarak]

I was not talking about prostitution at all. I was not talking about the age of consent or the legal age. I was talking about the age of majority which in Thailand is 20. If daddy has a problem with you, you are going to have a problem if the girl is under 20. Or if the girl has a problem with you and tells daddy you are going to have a problem. You can be arrested and put in jail for this. Happened twice that I know of in Rayong last year. It is not an isolated incident.

Ladies get busted all the time in Pattaya for working in bars under the age of 20. I am not making it up. Ask any bar owner.

Or ask a Thai lawyer. Don't take my word for it. Do a lady under 20 and you are at risk in Thailand.

Sorry, but the Law as it is written seems to disagree with you. Age of Majority and Age of Consent are clearly defined in the statute.

I. Ages for legal purposes

Age of simple majority

According to the Prostitution Prevention and Suppression Act, " child " means a person who is not

yet over 18 years of age.

Age of consent for marriage

Book 5 of the Civil and Commercial Code states that marriage can be done when both parties are

seventeen (17) years of age but with a reasonable ground , the court may permit them to be married

before.

Now it may be that there's a law that states the minumum age to work in a bar, or even to drink alcohol, or go to a nightclub, or to vote but that has nothing to do with the age of consent or the age of majority.

Get off the "Age of majority" in the prostitution supression law. I am not talking about prostitution. Find the simple age of majority in Thailand. It is 20.

Don't get focused so much on the "age of majority".

The Law knows different legal ages for doing different things.

Thai Law is based on the french napoleonian code civil in which the same concepts are found, like also the usufruct for example.

Age of Majority: is the age at which a person gains full legal rights under Thai Law, i.e. can do anything adults can do. This means the person can sign legal contracts (meaning contracts made under the age of 20 are void, so I suppose that is why the girls under 20 are running when the cops come in - most of them don't ask their parents to countersign their employement contracts in a bar).

People under 20 need parental consent to sign contracts.

Age of Majority usually also means that people can drink, do silly things, etc. In some countries the legal voting age is even higher than the age of majority and the age for running in an election even more.

Then there are different other ages:

Legal age in Thailand: 20

Legal age for marriage: 20, 17 with parental consent, 15 in special circumstances with court approval

Legal age for working: 15 (under special provisions & parental consent), 18 (no restrictions on the nature of work, but parental consent required), or 20 (no restictions at all)

Legal age for consensual sex: 18

Legal age for working as a bar girl/prostitute: 18 (this supposes a valid employment contract with requires parental consent - otherwise 20)

Legal age for drinking was 18, and has been raised to 20 in 2006.

Then I would suppose there is a legal age to drive a scooter/bike, maybe a legal age for smoking, etc.

As an example, Switzerland has also a law that is based on Napoleon's Code Civil, and knows exactly the same concepts. A Swiss citizen reaches the age of majority at 18, but is allowed - without parental consent - to consume porn, to have sex and to work as a prostitute with 16. It is the law as it is written.

Regarding Thailand, you may be interested in reading the Civil and Commercial code of Thailand, Book1, Title2, Chapter1, Part2:

http://www.thailawonline.com/images/thaici...e%20persons.pdf

The same document confirms that an employment contract is a jurisdic act that cannot be done by people under 20 years of age without parental consent.

BTW, the site http://www.thailawonline.com is excellent, it has a great collection of translations of Thai Law. I just discovered it today when researching this subject.

Edited January 28, 2010 by manarak

[Beardog]

According to the law the age is 18 legal tender. Up country the folks would prefer that their daughter didn't engage in sex till 20. Law still 18 If you knock the girl up & the folks are ok with a shotgun wedding & the court is cool without prosecuting you as a chester if your over X years old 15 is the lowest you can go.No different than most western countries albeit a few are 16 legal age of sex. That is what the law & the wishes of the Thai elders are ( which are in material as the law is{18} ) If your not in your low 20's why on earth would you desire such an inexperienced girl.

I guess what the posters are asking you chiangmaikelly is if you are a chester or not. Makes no difference to me but on TV you get called out every now & then & have to fess up to a yes or no every now & then. I doubt seriously that anyone really cares if your into other men or women or girls over the age of consent- Sounds like since your post is making such a point in younger girls you caught the attention of the expats on the forum as Thailand is known for people that try to bend the rules so to speak. Not flaming you at all but this is the way you are presenting your story to TV.

[deejah]

there are plenty of young gals out in pattaya

really young 16-17

no-one seems to care

it looks like no big deal

very different than in the west

however stories abound

and you can not only be prosecuted by thailand for infringement,

but your home country could bust you too

how often does that happen?

i suppose not very, i have no idea

any facts regarding this?

again i am amazed at the anything goes culture in pattaya and how

no one seems to really care what you do as long as all parties

concerned are willing

dazed and dumbfounded

[manarak]

here is a copy of a post I just made in the thread about the french scumbag arrested in Pattaya.

I repost it here because it is very relevant to the question about legal age in the general forum.

I've researched a lot about the legal ages in Thailand, please read the following and report any conflicting views/laws you know about.

The Law knows different legal ages for doing different things.

Thai Law is based on the french napoleonian code civil in which the same concepts are found, like also the usufruct for example.

Age of Majority: is the age at which a person gains full legal rights under Thai Law, i.e. can do anything adults can do. This means the person can sign legal contracts (meaning contracts made under the age of 20 are void, so I suppose that is why the girls under 20 are running when the cops come in - most of them don't ask their parents to countersign their employement contracts in a bar).

People under 20 need parental consent to sign contracts.

Age of Majority usually also means that people can drink, do silly things, etc. In some countries the legal voting age is even higher than the age of majority and the age for running in an election even more.

To make things even more simple, I should add that Thai Law also knows an age of "simple majority", which is almost Majority, but not quite!

Then there are different other ages:

Legal age in Thailand: 20

Legal age for marriage: 20, 17 with parental consent, 15 in special circumstances with court approval

Legal age for working: 15 (under special provisions & parental consent), 18 (no restrictions on the nature of work, but parental consent required), or 20 (no restictions at all)

Legal age for consensual sex: 15 (but risky), 18 (no risk)

Legal age for working as a bar girl/prostitute: 18 (this supposes a valid employment contract which requires parental consent - otherwise 20)

Legal age for drinking was 18, and has been raised to 20 in 2006.

Then I would suppose there is a legal age to drive a scooter/bike, maybe a legal age for smoking, etc.

As an example, Switzerland has also a law that is based on Napoleon's Code Civil, and knows exactly the same concepts. A Swiss citizen reaches the age of majority at 18, but is allowed - without parental consent - to consume porn, to have sex and to work as a prostitute with 16. It is the law as it is written.

Regarding Thailand, you may be interested in reading the Civil and Commercial code of Thailand, Book1, Title2, Chapter1, Part2:

http://www.thailawonline.com/images/thaici...e%20persons.pdf

The same document confirms that an employment contract is a jurisdic act that cannot be done by people under 20 years of age without parental consent.

(BTW, the site http://www.thailawonline.com is excellent, it has a great collection of translations of Thai Law. I just discovered it today when researching this subject.)

There is another good site with translated laws: http://thailaws.com/body_english_acts.htm

The legal age for sex (which is the main point of interest here, as it seems) is defined by the Penal Code for sex in general and by the 1996 Prostitution Act for paid sex.

What the Penal code says (Title 9, Offenses related to sexuality - ref. http://thailaws.com/law/t_laws/tlaw50001.pdf ):

Section 276 sanctions rape

Section 277 says any sexual act with people under 15 is statutory rape, sex with people under 13 is punished with life or death sentence.

Section 282 severely punishes traficers/purveyors of people of any age for sex.

Section 283 same as 282, only under constraint, punishment is even more severe

Section 286 goes after people who help prostitutes or get money from prostitutes (pimps)

The penal code does not punish sex with people older than 15, but leaves plenty of room for pressing charges for the ages between 15 and 18, the person just needs to say that deceit or constraint was used, and this is it.

What the 1996 Prostitution Act says:

http://www.ilo.org/dyn/natlex/docs/WEBTEXT...63/E96THA01.htm

Section 5 bans open solicitation that is done in "open and shameless manner or causes nuisance to the public". Fine: 1000 baht.

Section 6 bans running a business on prostitution

The Act contains specific definitions:

- "prostitution establishment": means a place established for prostitution or in which the prostitution is allowed, and shall include a place used for soliciting or procuring another person for prostitution;

- "prostitution" means sexual intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another person in a promiscuous manner in return for money or any other benefit, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not;

=> i.e. the "prostitution establishment" is a place where the acts take place, typically a bar with rooms or massage parlor, etc.

Section 8 punishes sex with a child between 15 and 18 yo INSIDE "prostitution establishments", regardless if consent is given or not. Punishment for sex with children under 15 is more severe.

Section 9 punishes trafficing.

Section 11 severely punishes owners of "prostitution businesses" (i.e. not limited to "prostitution establishments" as defined in the act)

...

In summary:

- sex with people under 13 is a straight ticket to hel_l. Punished by death or life sentence

- sex with people over 13 but under 15 is also very severely punished - 20 years of jail

- sex with people over 15 but under 18 is not directly banned, except in "prostitution establishments". So, this is completely banned in brothels. Outside brothels, if cought in a room by police, they would have no other legal base for an immediate arrest than to suppose coercion or deceit was used. It remains very risky however, since the young person or family could at any time file charges, the Law leaving a lot of room for prosecution. Deceit, coercion, etc. you name it, and this is an excellent opportunity for the Thais to make money. It is also very likely that the court would rule against the pervert farang. So, this is a no-no.

- sex with people aged 18 or older: 18 is the highest age known by both the penal code and the prostitution Act, so 18 is the safe age to have sex.

This also confirmed by interpol: http://www.thaivisa.com/forum/redirect.php...csaThailand.asp

Edited January 28, 2010 by manarak

[manarak]

You could also refer to section 50 of Thai Labor Law:

http://thailaws.com/law/t_laws/tlaw0132a.pdf

Section 50

An employer is prohibited from causing a child employee aged fewer than 18 years old to perform work in any of the following establishments:

...

(4) Establishments where food, liquor, tea, or other beverages are served, and

where the services of prostitutes, sleeping facilities, or massage are offered;

[manarak]

I also found a copy of the 1966 on Public Entertainment Places, but only in Thai:

http://www.lawreform.go.th/lawreform/eng/i...02509%20(1966)#

Employees must be 18 yo and customers 20 yo.

The Act also regulates the colors of the girls' badges in massage parlors and distinguishes between sexual staff and non-sexual staff...

Edited January 28, 2010 by manarak

[Maestro]

manarak has kindly given links to relevant laws in this post:

http://www.thaivisa.com/forum/Legal-Age-Th...50#entry3301450

Since this topic is a scholarly discussion about the “legal age in Thailand” I suggest that when disputing a point you should back up your dissenting opinion with a reference to the relevant section of the relevant law. This thread can be interesting as long as the discussion is kept on a high level, without personal attacks and off-topic nonsense. In other words, keep discussing the laws, not the persons making the posts.

--

Maestro

[bangon04]

Is this law only applied When a Farang is involved ?.

I personally know of more than one 14 year old who have had babies to Thai Lads in my wife's village.

Selective Law ( No money No enforcement ) Or did they become pregnant without Sex

I went to a wedding in another village close to mine last year.

I said to my wife the bride looks young no?

"Yes, she 15!"

The groom was 34

Perhaps he'll wait 5 years before bedding her...

From observation: In the villages, it is still apparently not strange to have a village wedding with a girl of 13/14, and an amphur wedding with a girl of 15 or older. Both of these cases will be only with parental consent (usually meaning that the man has paid for his bride to keep the police out of the matter.) It doesn't seem to matter how old the man is....

An Amphur wedding without parental consent is possible after the age of 20, I believe.

I also believe that a Thai can apply for an ID card at age 15 with parental consent

, and without parental consent at 20.

[Sisaketmike]

How old is the OP I wonder?

What happened to the topic? The law says clearly that a girl has to be 20, but times are changing.

You can marry a 17 year old if her parents give the ok. This law is very old and if they like to they can put you in jail for having sex with a 19 year old.

[PattayaParent]

^I think it's been clearly established in this thread that the law says no such thing and it's time this thread was put to bed if it's just going to be a repeat of the previous 4 pages.

Edited January 29, 2010 by PattayaParent

[manarak]

Agree with your post, chiangmaikelly.

Just two observations:

1- First you say the legal age is 20, and now you say the Law doesn't matter.

2- You can't be prosecuted for something that is not against the Law.

This doesn't mean of course that if you do something that people don't like, you won't get a beating or worse!

So, if in you village dating a girl younger than 20 means attracting lethal agressivity from the locals, I too would refrain from it - but this has nothing to do with the Law, and there won't be a court hearing on that matter.

Edited January 29, 2010 by manarak

[harrry]

My understanding is that the parents can make a civil suit for damages if the girl is under 20 in the same way as a husband can make a civil claim for adultery by his spouse.

Edited January 30, 2010 by Maestro
Added warning - Maestro

[PattayaParent]

<deleted> - this isn't rocket science... 18-20 need permission from parents. 20+ is fair game....

Keep to 20+ and you have no worries.

Can you provide a source for this?

[manarak]

<deleted> - this isn't rocket science...

Sorry, it is.

The letter of the Law is black or white.

A 19 year old lady on a beach in Phuket, told me she couldn't work in a bar until she was 20. I assumed that the authorities there check up on such things.

This may be connected with the fact that she didn't want her parents to know and was therefore unable to legally sign the employment contract?

My understanding is that the parents can make a civil suit for damages if the girl is under 20 in the same way as a husband can make a civil claim for adultery by his spouse.

This is indeed worth investigating.

Are civil suits for adultery possible in Thailand?

But we can already rule out such a lawsuit if the girl is a known prostitute, because then there wouldn't be any damages.

Edited January 29, 2010 by manarak

[walterego]

Age of Consent is normally a term used in conection with sexual consent. This age in most countrys (especially Asia) usually precedes the age for drinking alcohol.

resorces: http://en.wikipedia.org/wiki/Ages_of_consent_in_Asia

Cambodia: 16

Taiwan: 16

India 16 (14 if married)

Israel 16

Japan 13 with articles in the code extending it to perhaps 18. (read the code in japanese... I dont quite get it myself.)

Korea South 13

Laos 15

Singapore 16

Vietname 16

Thailand The age of consent in Thailand is 15 (with the below caveat) as specified by article 279 of the Thai Criminal Code. The current legislation applies to all regardless of gender and/or sexual orientation, although it is a common misconception that it applies only to women.^{[citation needed]}

However parts of the Prevention and Suppression of Prostitution Act which disallow any sexual contact with prostitutes under the age of 18, are widely interpreted by some local authorities to cover sexual acts classed as "obscenity for personal gratification". Also from the Penal Code Amendment Act of 1997 Section 283bis, having sex with a child under 18 is a compoundable offense even with the consent of that person. The parent or the child may file charges against the other side if he or she later regrets his or her own action. This ostensibly makes the Thai unfettered age of consent 18.

A high profile example of this application of the law was a statutory rape charge filed against the lead singer of the Thai band Big Ass for allegedly having had sex with a (then) 16 year old girl. The charge was filed by the girl after the singer refused to take responsibility for her baby. The singer has since been cleared of being the baby's father due to the results of a paternity test and he received 2 years suspended sentence.^[34][35]

^Footnote

Let it be known to anyone who is reading this for all 'the wrong' reasons, that you can be prosecuted in your home country for what you do abroad. Just so you know many people (myself included) will help em get you.

Ask for an ID card... dont just check the AGE! ..... check the SEX as well..... what was may not now be.

[walterego]

Conclusion: 18 is the age for sex in Thailand by the law. My personal tastes like 23 as the most perfect age for a persons beauty.

(I have used many many other sources besides the one I posted previously to reach this conclusion.)

Edited January 29, 2010 by walterego

[manarak]

It is funny how the motives behind the determination of the exact provisions of the Law are questioned.

The Law is the Law, same for all, and nobody should be harassed because he wants clarification on what the Law says.

This is not a discussion about moral views, be they Thai or Western.

The only interesting this is: what is the Law in Thailand?

I answered the poll questions as follows:

- work in bar: 18

- marriage without parental consent: 20

- legal control over her own body: 17 (but really, there is no age)

The last question is ill chosen. Even in western society, citizens never obtain full rights over their own body.

Then Section 23 of the Civil Code, Book 1, Title 2, Chapter 1, Part 1 says:

"A minor can do all acts which are strictly personal."

Which leads me to think that the minor has, by the Civil Code, legal control over his own body.

This control is then restrained by other Laws/Acts.

Whether sex is a "strictly personal thing" is debatable, western view would be "yes", from a Thai perspective I guess the answer would be different - but this doesn't make any difference, because the legal age for sex is specifically defined in Laws already mentioned in this thread.

[Maestro]

After looking through this topic again and cleaning it up just now I arrived at the conclusion that nothing new has been added regarding the "legal age" since manurak quoted from the relevant laws, but there have been dozens of off-topic posts and some flames. Therefore, this topic is now closed.

--

Maestro