Underage sex court case Lopburi, please help

[johnnywishbone]

so, a 16 year old boy has consensual sex with a 14 year old girl. Both Thai.

this is countryside outside Lopburi.

girls family not happy.

this ends up in court.

i tell woman not tell anyone she has a farang  friend help her.

because of the age of the boy, court appointed attorney.

i send 18000 for bail money.

possible 5 year jail time.

my question is

what can i expect to happen?

[johnnywishbone]

"i tell woman not tell anyone she has a farang  friend help her."

by woman, i mean my beautiful friend,

the mother of her 16 year old (adopted) son.

she is a widow.

 

[nisakiman]

How appalling that the law is involved in something that is, in countless situations, a rite of passage.

 

How did the girl's parents get to know? Did he make her pregnant? If so, that is stupidity writ large. Or did she tell them it was rape? In which case, it is a serious charge. But if neither, <deleted>?

 

Honestly, I don't understand why the legal system gets involved with teenage fumblings, it's none of their concern - chances are that the majority of judges will have been through the same scenario themselves anyway, but now they are lawmakers, they get all prim about it. The kids were 16  and 14 <deleted>! Ok, if the guy was 60, it would be cause for concern, but 16? Bloody hell, that's just normal.

 

Honestly, I sometimes (often, actually) wonder where this world is going....

[muzmurray]

Sexual Intercourse With A Minor

Section 277 explicitly states that sexual intercourse with a child under the age of 15 who is not the wife or husband shall be liable for imprisonment from four to twenty years. Children cannot consent to sexual intercourse and it is not an excuse.

[ezzra]

 

The law is the law, consensual or not, this is why such laws we enacted to safeguard

minors from being exploited by older compatriots,  maybe it should serves as a lesson

to all males out there to keep their dicks in their pants and make sure who do you

engage in sex before hand.....

[FritsSikkink]

"How appalling that the law is involved in something that is, in countless situations, a rite of passage"

Get your head examined, a girl from 14 years old should not have sex. If some <deleted> did it to mine daughter he won't live to brag about it and if some father of the boy would say  the same as you, he could join his son. 

Edited August 25, 2016 by FritsSikkink

[Briggsy]

In reality, most of these cases will be sorted out at the village level. Now it has gone to court, it has become unstoppable and will play out to the end unless the lad's side has some phoo yai connections, which I don't think he has.

 

You'll never see your bail money again and expect more calls for cash attached to a variety of colourful reasons.

[Berkshire]

I'm not up on Thai law, but since the boy is a minor, he shouldn't be treated as an adult for sentencing purposes. 

 

Having said that, if I was the parent of the 14 yr old girl, I'd be plenty upset.

[iancnx]

My village experience of this (wife's distant cousin) is where the girls family is not happy, the boys family will need to pay compensation.  The boy here had to find 1 million baht compensation (no farang involvement) or go to jail. They found the money by selling land.  The boy has been celibate ever since.  The girl by all accounts was a right little B.  

 

OP I suggest this can still be resolved amicably, without a formal hearing, if both sides can agree a resolution.  You already paid 18,000.  If it really is BAIL for a Court, I suggest talking to a lawyer.  If it is with the Police, you might be able to intervene, but it is gonna cost you me thinks...........

 

I do agree, she was a minor, underage, and no excuse ........  I do seem to remember though in my youth at Secondary school aged 12-16 it was virtually every boys mission to lose ones virginity, and if stories were believed many did, (NOT me) and the 14 and 15 year old girls from memory were not denying it.   ALL under 16 I hasten to add.  

[iancnx]

OP.  if the boy is sent to Prison, there is no compensation to pay. i.e.. if he is penniless.

 

The smart way is to have the girls family understand that there is no money, so they cannot expect a huge payday.  In my experience they will accept what they think they can get, rather than have nothing.  The boy going to jail is likely irrelevant to them.  Head of village could come in very handy here.  Don't delay.

[iancnx]

Another way around it is for the boy to declare his love and marry her.  This can be done in a village ceremony (not legally binding).  The girls family will save face.  The girl's reputation will be restored.  The boys family will pay for the wedding.  The boy will have to cough up some gold.  As she is underage this could be portrayed as an engagement celebration in anticipation of her 16th birthday.

[Kwasaki]

5 hours ago, FritsSikkink said:

"How appalling that the law is involved in something that is, in countless situations, a rite of passage"

Get your head examined, a girl from 14 years old should not have sex. If some <deleted> did it to mine daughter he won't live to brag about it and if some father of the boy would say  the same as you, he could join his son. 

 

You are nothing but sad and funny spouting your rhetoric,  if you only educated yourself and read about many peoples prospective on 14 year old girls, that is not in anyway condoning the stupid boy pratt for not using a condom many of them are jail bait l have in my time here come across this many times in my coarse of the woods,  what ends up here is an agreement is made between the families and usually they get married.

Just last week a family male member did the shotgun marriage thing because the 14 year old girlfriend got pregnant.

Until more sex education is practice at home and schools the tragedy of babies having babies will continue. 

[Jimdbim]

This is actually a common  "scam" going all over Isaan.

 

Parents of the girl would encourage her to have sex and then demand money from the boys parents.

 

Usual amount they would settle for is  100 000 baht, but asking amounts range from 200 000-300 000

 

If parents of the boy fail to pay, he does NOT end up in jail, however gets criminal record as a pedophile.

 

To my knowledge, one way to avoid court and criminal proceedings other than to pay 100 000 is for boy to propose to marry the girl.

 

Even if in front of the judge, judge cannot find him guilty of rape or pedophilia as he has proposed, all must be done in a proper Thai fashion with pics or video . Before anyone starts screaming, boy is only 16 not an old man and its rather common sense, 

 

All judges and police are aware of the fact, boy is really still a minor and it was consensual 

 

I only know of 3 cases in which 2 paid 100 000 baht and one girl accepted the proposal behind the parents back and in court they played the video, which got the boy off the hook

 

MY advice is to offer and pay the 100 000, her parents already made up their mind to make the money and made it public, only one way to "save" her loss of virginity and that is money

[retoohs]

11 hours ago, iancnx said:

Another way around it is for the boy to declare his love and marry her.  This can be done in a village ceremony (not legally binding).  The girls family will save face.  The girl's reputation will be restored.  The boys family will pay for the wedding.  The boy will have to cough up some gold.  As she is underage this could be portrayed as an engagement celebration in anticipation of her 16th birthday.

don't force the boy into an unwanted marriage. He is only 16 and she 14, far too young to know what they really want. Pay the family of the girl and donate a little to the police social club and it should be able to be sorted. The judge should be happy if resolved out of court and he doesn't have to sentence some poor kid to be detained

[muzmurray]

10 hours ago, Jimdbim said:

This is actually a common  "scam" going all over Isaan.

 

Parents of the girl would encourage her to have sex and then demand money from the boys parents.

 

Usual amount they would settle for is  100 000 baht, but asking amounts range from 200 000-300 000

 

If parents of the boy fail to pay, he does NOT end up in jail, however gets criminal record as a pedophile.

 

To my knowledge, one way to avoid court and criminal proceedings other than to pay 100 000 is for boy to propose to marry the girl.

 

Even if in front of the judge, judge cannot find him guilty of rape or pedophilia as he has proposed, all must be done in a proper Thai fashion with pics or video . Before anyone starts screaming, boy is only 16 not an old man and its rather common sense, 

 

All judges and police are aware of the fact, boy is really still a minor and it was consensual 

 

I only know of 3 cases in which 2 paid 100 000 baht and one girl accepted the proposal behind the parents back and in court they played the video, which got the boy off the hook

 

MY advice is to offer and pay the 100 000, her parents already made up their mind to make the money and made it public, only one way to "save" her loss of virginity and that is money

 

What utter crap, proposing to the girl in now way negates any criminal act.

 

It was NOT consensual, the law does not allow a minor to give consent, therefore each case of sex with a minor is considered rape.

[Jimdbim]

1 hour ago, muzmurray said:

 

What utter crap, proposing to the girl in now way negates any criminal act.

 

It was NOT consensual, the law does not allow a minor to give consent, therefore each case of sex with a minor is considered rape.

 

Sadly the only crap is your interpretation of the law and lack of comprehension how things work.

And yes it was consensual, a 16 year old boy is a minor himself., no different to where ever you came from, the only difference is wherever you came from parents of the girl do not demand money from the parents of a boy

[muzmurray]

On 8/25/2016 at 7:20 AM, muzmurray said:

Sexual Intercourse With A Minor

Section 277 explicitly states that sexual intercourse with a child under the age of 15 who is not the wife or husband shall be liable for imprisonment from four to twenty years. Children cannot consent to sexual intercourse and it is not an excuse.

 

"

Sadly the only crap is your interpretation of the law and lack of comprehension how things work.

And yes it was consensual, a 16 year old boy is a minor himself., no different to where ever you came from, the only difference is wherever you came from parents of the girl do not demand money from the parents of a boy"

 

I have quoted the law, there is no interpretation needed, it clearly states that a child under the age of 15 can not consent to intercourse!

[Gecko123]

OP: 

 

I would be extremely careful if I were you. This sounds like a scam to my ear. Young teens commonly have sex in rural Thailand. Although I have heard of one case locally where the girl's parents demanded money, in the vast majority of cases, the two teens simply start living together and for all intents and purposes marry. Unless the girl comes from a particularly well-to-do family, most rural families are not going to make a big stink about this. A foreigner getting involved, posting bail, and fretting about potential jail time is only going to increase the financial demands. My advice is to cease all involvement and interest in the case immediately.

 

This article, written in Thai by a lawyer, explains how the law works: http://news.sanook.com/2037458/  There is not only the crime of having sexual relations with a minor, but there is another crime which literally translates to "child abduction", but means "the act of taking a child under the age of 18 away from his/her parents without permission and having the intention of commiting an immoral act or sexual violation, irregardless of whether the girl consents to it or not."

 

The 10th paragraph of the article may be of particular interest to the OP. It reads: "Most cases such as these are settled before ever going to court. Once a criminal case is filed, the parties are no longer able to reach an out of court settlement and have to accept the criminal penalty. Most families therefore compromise and reach a settlement over payment of damages." 

 

Edited August 26, 2016 by Gecko123

[MobileContent]

8 hours ago, retoohs said:

don't force the boy into an unwanted marriage. He is only 16 and she 14, far too young to know what they really want. Pay the family of the girl and donate a little to the police social club and it should be able to be sorted. The judge should be happy if resolved out of court and he doesn't have to sentence some poor kid to be detained

 

Its just an engagement party and they might split after a few months. Its very common is Isaan. 

[BudRight]

2 hours ago, muzmurray said:

I have quoted the law, there is no interpretation needed, it clearly states that a child under the age of 15 can not consent to intercourse!

 

If no interpretation was needed that no-one would have use for judges. You merely find your own interpretation convincing. People usually call that confirmation bias.

 

OP, have you ever heard the expression "No good deed goes unpunished?" They were talking about situations like this. Mind your own business and certainly don't give over anymore money. If you get called names over it then you know what sort of people you were dealing with as no-one with any dignity would demand a 3rd party's money over a situation like this.

Edited August 26, 2016 by BudRight

[Kwasaki]

The OP has sorter gone AWOL,  and yeah my take is as said  the law is there set by Judges but in individual cases it don't always go the way the law states and in a case like this it is also stated the law is an ass, along with those who state it in this situation IMHO. 

[impulse]

On 8/25/2016 at 7:20 AM, muzmurray said:

Sexual Intercourse With A Minor

Section 277 explicitly states that sexual intercourse with a child under the age of 15 who is not the wife or husband shall be liable for imprisonment from four to twenty years. Children cannot consent to sexual intercourse and it is not an excuse.

 

So, what if the guy was 9 and she was the instigator?    What if they find 12 other teenage guys who have all paid out big settlements for the same pristine 14 year old girl?

 

You figure they'd have to interpret between the black and white of the words?  Perhaps the judge will, in fact, have the leeway to use some discretion.  It's rarely as easy as reading the law and applying the biases of paradigm we grew up in

[Kwasaki]

1 hour ago, impulse said:

 

So, what if the guy was 9 and she was the instigator?    What if they find 12 other teenage guys who have all paid out big settlements for the same pristine 14 year old girl?

 

You figure they'd have to interpret between the black and white of the words?  Perhaps the judge will, in fact, have the leeway to use some discretion.  It's rarely as easy as reading the law and applying the biases of paradigm we grew up in

 

Well some weird people look up the law and believe that's it.  

[Jimdbim]

8 hours ago, muzmurray said:

 

"

Sadly the only crap is your interpretation of the law and lack of comprehension how things work.

And yes it was consensual, a 16 year old boy is a minor himself., no different to where ever you came from, the only difference is wherever you came from parents of the girl do not demand money from the parents of a boy"

 

I have quoted the law, there is no interpretation needed, it clearly states that a child under the age of 15 can not consent to intercourse!

 

Aren't you the smart cookie, lucky Thai law is now written in English,

 

By the way what is section 277? for some reason i thought Thai law has acts and statues across 4 codes.

 

So which one did you quoted that does not require an interpretation,?

[FritsSikkink]

Yeah just let them get married at 14, that will be the solution. No way my daughter is going to waste her life like that. It is a crime and not for nothing.

"if you only educated yourself and read about many peoples prospective on 14 year old girls,"

You clearly either have no daughters or are a useless father.

 

Edited August 27, 2016 by FritsSikkink

[muzmurray]

14 hours ago, Jimdbim said:

 

Aren't you the smart cookie, lucky Thai law is now written in English,

 

By the way what is section 277? for some reason i thought Thai law has acts and statues across 4 codes.

 

So which one did you quoted that does not require an interpretation,?

 

article 277 of the Thai Criminal Code

[muzmurray]

"

What is the Thailand Age of Consent?

The Age of Consent in Thailand is 15 years old. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 14 or younger in Thailand are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law.

Thailand statutory rape law is violated when an individual has consensual sexual intercourse with a person under age 15. However, sex with a minor under age 18 is a compoundable offense, regardless of consent.

Thailand does not have a close-in-age exemption. Close in age exemptions, commonly known as "Romeo and Juliet laws" in theUnited States, are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.

Because there is no close-in-age exemption in Thailand, it is possible for two individuals both under the age of 15 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare. Similarly, no protections are reserved for sexual relations in which one participant is a 14 year old and the second is a 15 or 16 year old."

 

https://www.ageofconsent.net/world/thailand

[rott]

Happened here a neighbour could not stop her 14 year old daughter (bit of a wild child) from having sex with her boyfriend so she made them get married. Don't know how the lad or his family felt about it. I think he was 16 but not sure.

 

No talk of police, money or monkey house. Only lasted 6 months.

 

TV what is going on with this site, it is a nightmare.

[johnnywishbone]

I am not capable of coughing up 100,000 baht.
Besides, it's not the right thing to do.
In this situation, I am a spectator.
I need to start acting like one.
The boy is 17 now, looks like 14.


Sent from my iPhone using Tapatalk

[newatthis]

10 hours ago, johnnywishbone said:

I am not capable of coughing up 100,000 baht.
Besides, it's not the right thing to do.
In this situation, I am a spectator.
I need to start acting like one.
The boy is 17 now, looks like 14.


Sent from my iPhone using Tapatalk

 

Correct Johnnywishbone. Step out of the ring and let the Thais sort it out.