Age of consent in Thailand: legal framework, criminal liability, and statutory protections

The age of consent in Thailand under the Penal Code 

The core provision regulating the age of consent in Thailand is found in Section 277 of the Thai Penal Code. This section criminalizes sexual intercourse with a girl under the age of 15, irrespective of consent. It establishes that any person who has sexual intercourse with a girl not over 15 years of age shall be liable to imprisonment of four to twenty years and a fine of 80,000 to 400,000 Baht.

The main law regulating the age of consent in Thailand is Section 277 of the Thai Penal Code. This provision penalizes sexual intercourse with a girl under 15 years of age, regardless of consent. Such intercourse is punishable with imprisonment of four to twenty years and fined 80,000 to 400,000 Baht. In the presence of force or threats, or where the offender is in a position of trust or authority (such as a teacher or guardian), the penalty may be further increased.

Pursuant to Section 277 of the Penal Code, no one under 15 has the capacity to consent to sexual activity. Thus, even in the event both engage in sexual acts consensually, be it implicit or explicit consent, such an infraction will be considered as a statutory rape. Statutory interpretation deems the absence of legal capacity to consent as absolute, leaving no room for exceptions.

In addition, the Penal Code Section 278 extends criminal liability to situations where a girl over 15 but under 18 is induced to engage in sexual activity through deceit, intimidation, or exploitation of trust. In these instances, regardless of the age of consent, the nature of the act itself can cause criminal liability.

In the past, Thai law did not apply these provisions to male minors nor did it regard same-sex sexual activity as it does now. However, that principle has been extended and is now equally applied to all genders. Indeed, the legal provisions under Section 277 bis of the Code also protect male victims, despite prosecution practice leaning toward female complainants.

The age of consent in Thailand under the Civil and Commercial Code 

The concept of legal majority in Thailand is defined under Section 19 of the Civil and Commercial Code as reaching the age of 20. Individuals below this age are considered minors and restricted in regard to legal capacity, including contractual and family law matters.

According to Section 1448 of the Civil and Commercial Code, the legal minimum age for marriage is 17 and only under exceptional circumstances with the court’s approval can the parties get married at a younger age. 

Unlike certain jurisdictions that recognize “Romeo and Juliet” laws, Thailand has no close-in-age exemption. As stated previously, this means that two minors who engage in consensual sexual activity may be subject to prosecution. Prosecutorial discretion may result in leniency, but the statutory provisions apply without exception.

Offenses related to the age of consent in Thailand

• Offenses related to indecent acts

Section 279 criminalizes indecent acts committed against individuals under 15, even when they do not involve intercourse. Penalties include imprisonment of up to ten years and fines up to 200,000 Baht. Where the act involves force or the victim is under 13, the punishment increases.

• Child pornography and digital offenses

The Computer Crime Act B.E. 2550 (2007), as amended, and the Penal Code prohibit the possession, production, and distribution of child pornography. Penalties include imprisonment of up to seven years and fines exceeding 100,000 Baht. Possession alone, even without distribution, is a punishable offense.

• Child prostitution and trafficking

The Prevention and Suppression of Human Trafficking Act B.E. 2551 criminalizes the procurement of minors for sexual purposes. Section 6 imposes imprisonment of ten to twenty years and fines up to 400,000 Baht. These offenses are non-compoundable and subject to immediate arrest and pre-trial detention.

Aggravating circumstances for offenses related to the age of consent in Thailand 

• Status of the offender

Where the offender is a teacher, parent, step-parent, guardian, or person responsible for the care of the minor, Thai law applies aggravated penalties. Such individuals may be subject to longer prison terms, and courts may impose additional sanctions under the Child Protection Act B.E. 2546, including disqualification from holding positions involving the care of minors.

• Use of force, coercion, or threats

In the case of sexual activity with the use of force, threats, or other forms of coercion, section 276 of the Penal Code applies. This section criminalizes non-consensual sexual intercourse by means of threat, violence, exploitation of vulnerability, or impersonation. The penalty ranges from four to twenty years of imprisonment and a fine between 80,000 and 400,000 Baht. If the victim is under 15, the punishment increases to twenty years’ imprisonment. If the victim is under 13, the offender may face life imprisonment.

Section 276 constitutes the key legal provision for rape and sexual assault under Thai law, regardless of the victim’s age. In the case of aggraviating factors such as weapons, organized assault, or resulting injury, the sentence may be further increased.

• Repetition and habitual offending

Where the offender has previously been convicted of a similar offence, or where multiple victims are involved, penalties may be enhanced under Section 92 of the Penal Code. This provision authorizes the court to consider repeat behavior as a factor warranting increased punishment.