Editorial: Death Penalty Is Not The Solution To Rape
By Khaosod English


Rape and murder suspect Wanchai Saengkhao (blue shirt) at the police press conference on 8 July 2014

BANGKOK: -- Punishing convicted rapists with the death penalty will not address the root causes of the problem.

This morning, an employee of State Railway of Thailand confessed to raping a 13-year-old girl on a night train from Surat Thani to Bangkok before throwing her body out the window.

Since then, 22-year-old Wanchai Sangkhao’s Facebook has been flooded with comments like “We won’t let you go to jail. You have to only be executed,” and "You only deserve execution, you scum. You should be publicly shot by firing squad."

An online petition on calling on Thai authorities to punish all rapists with the death penalty has already reached over 16,000 signatures.

While Mr. Wanchai’s actions — if his confession proves to be genuine — are indeed deplorable, we believe that Thais must not channel their outrage into calls for the death penalty.

There are many reasons why death penalty is not the solution, including:

- The death penalty has not been proven to be an effective deterrent against crime. Thai laws use the death penalty against drug criminals, murderers, and coup planners (Section 113 of Criminal Code), yet these offenses remain rampant.

- Criminology experts have warned that using the death penalty in rape cases may put victims in even greater danger, as it may lead perpetrators to murder victims in an effort to cover up the crime. Women rights groups have also argued that equating rape with murder is psychologically harmful to rape victims because it contributes to the view that “rape is a fate worse than death” and that victims are “permanently damaged.”

- Thailand's justice system is not reliable enough to be responsible for decisions about life and death. Thai courts have an extensive history of falsely convicting defendants and police have been known to force suspects to confess to crimes they did not commit.

The most notorious case is the 1986 murder of Thai-American teenage girl Sherry Ann Duncan, for which four men were falsely convicted and imprisoned. Although the Supreme Court acquitted the defendants six years later, one defendant had already died in prison.

- Thailand does not need a greater punishment for rape; it just needs better law enforcement. Putting rapists in prison is sufficient. Making their punishment more severe will do nothing to prevent rape as long as law enforcement authorities are apathetic about pursuing cases of sexual assault.

According to Yanee Lertkrai, director of the Department of Social Development and Welfare, many sexual assault victims say police have done little to follow up on their complaints. Furthermore, the lack of convictions by authorities has discouraged victims from pursuing cases against perpetrators because they think there's little chance of achieving justice.

- Lastly, it is especially unwise to normalise the use of the death penalty while the country remains under the military rule of the National Council for Peace and Order (NCPO). Without secure human rights, there is dangerous potential for capital punishment to be gravely abused.

In an effort to shore up support, the NCPO has extensively publicized its effort to stamp out crime. It is conceivable that the NCPO could follow in the footsteps of Field Marshal Sarit Thanarat and use corporal punishment to bolster its "tough-on-crime" image.

Field Marshal Sarit ruled Thailand with an iron fist from 1958 to his death in 1963, and is still praised among older Thais for his harsh crackdown on crime, which involved publicly executing scores of suspected criminals without proper trials. To avoid a repeat of this history, it's important not to grant the NCPO greater powers of punishment.

In conclusion, punishing convicted rapists with the death penalty will not address the root causes of the problem, may worsen the experience of victims, and could lead to irreversible tragedies for innocent people in Thailand.

Source: http://en.khaosod.co.th/detail.php?newsid=1404827373&section=0200


-- Khaosod English 2014-07-09

There is also justice to life imprisonment...where the scumbag will wake up to hell thousands of times.

The bigger the case the more people want to be in the photo op including the higher ups..

The bigger the case the more people want to be in the photo op.

If I was part of the police effort who identified and apprehended and got a confession from this guy so quickly I would wish to receive credit as well.

These police should rightfully have much pride in their effort and the respect of citizens and TV members.

The bigger the case the more people want to be in the photo op including the higher ups..

I guess that is why they holding this one in the carpark, no room to fit in everyone indoors.

I think the punishment should fit the crime and people who rape and murder children definitely in my opinion deserve the death penalty.

I think the punishment should fit the crime and people who rape and murder children definitely in my opinion deserve the death penalty.

Are you Thai?

Serious question. Its my understanding that Thai culture is largely based on Buddhist ideals.

Its fine to have an opinion but its also up to the culture how they define Justice and Punishment .

I think the punishment should fit the crime and people who rape and murder children definitely in my opinion deserve the death penalty.

Are you Thai?

Serious question. Its my understanding that Thai culture is largely based on Buddhist ideals.

Its fine to have an opinion but its also up to the culture how they define Justice and Punishment .

No I am not Thai.

I would still believe in the death penalty in Australia if a pedophile like this guy raped and murdered a defenceless child. Treating a child like this guy did as a piece of worthless meat to be dumped when he has finished pleasuring himself with it deserves an extremely painful slow death.

Possibly the reactionary idea of passing the accused over to the victims family might well be an innovative idea, one would no doubt see a dramatic drop in the crime of rape if this course of judgemental action was to be followed..

The writer prattles on with some reasonable and some good reasons why rapists should not be executed but ignores the fact that this particular evil scumbag bucket of arrshole murdered the dear little girl too.

Having said that, I think death is too good for this vile, wicked, pile of <deleted> of an excuse for a human.

Prison. In the most secure, dirtiest,overcrowded with hardened criminals cell. Let him suffer hell for the rest of his life, and long may it be.

" Thailand's justice system is not reliable enough to be responsible for decisions about life and death."

Says it all, really.

in this case, beyond ALL doubt (forensic, DNA etc.), he deserves to die not especially as a deterrent but because he deserves to lose his own life

The article is putting the emphasise on rape when in fact it was a rape/murder or murder/rape. I think to murder someone is enough for the murderer to be executed, but when there is rape involved the rapist/murderer needs to have pain inflicted upon him before the execution.

In another post I said this guy is an animal, I thing that maybe a disservice to animal's. This guy is scum and deserves no pity.

I think the punishment should fit the crime and people who rape and murder children definitely in my opinion deserve the death penalty.

Are you Thai?

Serious question. Its my understanding that Thai culture is largely based on Buddhist ideals.

Its fine to have an opinion but its also up to the culture how they define Justice and Punishment .

No I am not Thai.

I would still believe in the death penalty in Australia if a pedophile like this guy raped and murdered a defenceless child. Treating a child like this guy did as a piece of worthless meat to be dumped when he has finished pleasuring himself with it deserves an extremely painful slow death.

Well said & said by a man with experience to know what hes talking about.

Put simply, the world would be a much better place without vermin like this. A 30 cent round will save the thai tax payer a few baht too.

"Punishing convicted rapists with the death penalty will not address the root causes of the problem."

How about addressing the :"Male Entitlement" culture? From the earliest age, males seem to be conditioned to believe that can do whatever they want and not be punished. In fact, they are rewarded. The spoiled boy running around causing havoc, while mum is chasing him, trying to spoon feed him his dinner. I have heard stories about boys saying that if a girl is walking by herself, then a boy has the right to rape her. Although I can't corroborate this, I am not willing to dismiss it as being false, after observing male behavior in Thailand.

The root of the problem appears to be that males are not held responsible for their actions. Combine this with a subculture that appears to accept males drinking and using drugs (yabba, in the case of the assailant of this 13 year-old girl) while women are expected to support them, one can see why many males believe they can commit any act they wish to and not be held responsible.

It is a lot more difficult to change the culture than to enforce the death penalty. As the saying goes, "There is always a solution that is fast, convenient, and wrong".

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"Punishing convicted rapists with the death penalty will not address the root causes of the problem."

No your right. But for sure he will not be release from jail someday to do it again.

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"Punishing convicted rapists with the death penalty will not address the root causes of the problem."

No your right. But for sure he will not be release from jail someday to do it again.

This is why some countries castrate rapists...so that they cannot do it again.

" Thailand's justice system is not reliable enough to be responsible for decisions about life and death."

Says it all, really.

I don't believe any justice system in the world is responsible enough for such decisions. The legal system is a game played by lawyers for profit, not justice.

Rapists are everywhere, there is no appropriate deterrent and never will be. You see the death penalty doesn't deter drug sellers and smugglers.

You catch one, give him life in prison but then the tax payer has to foot the bill for his food and lodging for the rest of his life.

The trouble is the crime is unstoppable and the rapist unrepentant, some courts can be harsh on the victim as well.

"Death penalty is not the solution to rape"

But Chemical Castration is!! and would send a serious message to the serial rapists in this country who think that rape is a normal part of Thai culture and accepted through the male Thai society.

Good job Khaosod!

Anyway it's never a good idea to speak about this subject the day something so horrific happened.

Do not relate your opinion to a special crime, just tell: "Are you in favor of the death penalty or are you abolitionist?"

IMO, there are two kinds of people on this planet (the pro death penalty and the cons) and these two kinds can drink together, can make love but CANNOT discuss the topic, they CANNOT understand each other.
I'm against the death penalty and I will NOT try to convince you. Just, don't try either.

" Thailand's justice system is not reliable enough to be responsible for decisions about life and death."

Says it all, really.

I don't believe any justice system in the world is responsible enough for such decisions. The legal system is a game played by lawyers for profit, not justice.

And political gain.

Possibly the reactionary idea of passing the accused over to the victims family might well be an innovative idea, one would no doubt see a dramatic drop in the crime of rape if this course of judgemental action was to be followed..

As a parent, and grandparent, I have always thought this a good idea, with no reprecussions to family when done with the guilty one.

Working on a pipe line in Burkina Faso a few years ago, there was a crew of Thai men that were working there as Trades Assistants, doing all of the shit work that no one else wanted to do.

At night when we were in camp we could here them from there side of the camp beating up and raping the younger boys in the work crew, this went on for about two weeks, they thought it was all good fun and were very proud and happy to do this, until I informed the camp security and then they were them selves beaten to a pulp with AK47 rifle buts and army boots.

We didn't hear any more night time raping of young boys in that camp again.

I think the punishment should fit the crime and people who rape and murder children definitely in my opinion deserve the death penalty.

The state cannot and should not decide whether someone should live or die. If the state kills him, then they are no better than the murderers themselves, whether they deserve it or not. If anything life imprisonment would give him hell for the next 60 years, prisoners don't really go easy on child rape and murderers.

If they are looking for non-Thai executioners I'm putting my hand up. With a work permit of course

I actually agree with most of the writer's opinion and it is is proven through my own country's disastrous death penalty laws.

"Punishing convicted rapists with the death penalty will not address the root causes of the problem."

How about addressing the :"Male Entitlement" culture? From the earliest age, males seem to be conditioned to believe that can do whatever they want and not be punished. In fact, they are rewarded. The spoiled boy running around causing havoc, while mum is chasing him, trying to spoon feed him his dinner. I have heard stories about boys saying that if a girl is walking by herself, then a boy has the right to rape her. Although I can't corroborate this, I am not willing to dismiss it as being false, after observing male behavior in Thailand.

The root of the problem appears to be that males are not held responsible for their actions. Combine this with a subculture that appears to accept males drinking and using drugs (yabba, in the case of the assailant of this 13 year-old girl) while women are expected to support them, one can see why many males believe they can commit any act they wish to and not be held responsible.

It is a lot more difficult to change the culture than to enforce the death penalty. As the saying goes, "There is always a solution that is fast, convenient, and wrong".

Could not agree more. I see heaps of thai women who not only accept this garbage from their young as in sons but also from their partners and others. It’s normal to see a high percentage of thai women treated like garbage by thai males of all ages yet they cling to them like they are Buddha's gift. IMHO it has a lot to do with the lack of social security status and social equality in Thailand that has been available in western cultures that has allowed western women to not tolerate the same level of garbage from western males. What is leading me to that belief is seeing large numbers of thai women with security of residency or citizenship in my country but still heavily or partially reliant on the local thai community rejecting that thai male garbage be that from within personal relationships or broader friendships and work relationships. That western social structure security is worth a lot. Compared to back in Thailand it is chalk and cheese. Thailand has a long way to go in social equality let alone moving beyond the patronage system that allows also the rich and powerful to treat all including women like dogs.

The victim's family should choose what route the punishment should take if convicted . . . death penalty, castration, life imprisonment, stoning, or being left with all the victims family in a quiet place at night for an hour alone.

Castration or the death penalty is the ONLY solution, because nobody wants to die. Put them in jail they will still commit the same crime to the weaker inmates.