Thailand is taking concrete steps to better protect women and transgender people from sexual harassment, ending decades of impunity where abuse was dismissed as teasing.
A new draft law will broaden the definition of sexual harassment to cover not just physical abuse but leering, obscene remarks, and sexually suggestive messages that leave victims feeling threatened and unsafe.
With House approval already secured, the new law is poised to take effect soon.
Tolerance needs to stop
Nearly one in four Thais (23.5%) have witnessed workplace sexual harassment, while 6.3% have been victims themselves, according to a 2024 Thai Health Promotion Foundation survey.
Of the victims, 86.21% said they were targeted by leering, over 50% said others commented on their body shape or curves, and 2.88% reported receiving direct sexual approaches.
The findings reflect that most sexual harassment comes in subtle forms. Among victims, 38.1% stayed silent and took no action, while 55.32% of witnesses just ignored what they had seen.
Jaded Chouwilai, director of the Women and Men Progressive Movement Foundation, warns against dismissing such behaviour as harmless, noting that it can escalate to serious sexual abuse.
“Rape victims who seek our help often say that the abuse began with leering gazes and inappropriate comments,” Jaded said.
Men and women in Thailand often tolerate such gestures because they are so common, he added. Some women even believe it is just men’s nature to act this way, while some men believe women feel flattered to be treated this way.
“But if no one speaks up, things can get physical,” he warned.
Stalking to be legally recognised as a crime
Seeking to improve protection and deter sexual crimes, the majority of Thai MPs have backed the proposed amendment to the Criminal Code. On top of expanding the scope of sexual harassment, the draft law also targets stalkers, who are not yet recognised as criminals in Thailand.
In a recent case, a woman reported being stalked by a Myanmar man since late last year, despite having previously complained to police that he had entered her condo building without permission.
“He found me through Instagram. His messages were flirtatious at first but later became threatening,” she said. “I blocked him, but he has created over 30 new accounts to stay in contact with me. He is stalking me, and I fear for my safety.”
The stalking has become so severe that she has started taking anti-panic medication. “I will pursue legal action against him [under the new law] until it stops,” she vowed.
Essence of the draft law
The new law will broaden the definition of both sexual harassment and rape with the aim of offering better protection from sexual crimes.
Under the current law, rape is narrowly defined to include oral, digital or other assaults that do not involve penetration with the sexual organ. “This draft law, if approved, will provide better protection not just for women but also for LGBTQ individuals,” Jaded commented, calling the change a progressive move.
Once enacted, it will boost protection and serve as a more effective deterrent against sexual crime.
The amendment will punish offenders with both jail terms and fines. Stalkers, for example, will face up to one year in jail and/or a fine of up to 30,000 baht.
Sexual harassment by a person in a position of power targeting a subordinate – for example, an employer abusing an employee – will be punishable by a prison term of up to three years and/or a fine of up to 60,000 baht.
Those convicted of sexually harassing a victim via the internet (“electronic communication”) or in a public place in front of others risk being jailed for as long as three years and fined up to 60,000 baht.
Sexual predators who target children under the age of 15 can be imprisoned for up to five years and/or fined a maximum of 100,000 baht.
The punishments will be carried out regardless of any settlements agreed privately between the victim and perpetrator.
Legal change alone is not enough
While praising the impending legal amendment as a positive development, Jaded emphasises that Thais must also shift cultural attitudes towards sexual harassment and develop a clearer understanding of its true nature.
“We need to understand that sexual harassment is not just about sexual touching,” Jaded said.
Opposition to the draft law has been led by Senator Decha Nutalai, who warns that its definition of sexual harassment is so broad that it could invite false accusations and blackmail.
“Innocent gestures made to woo a woman could be considered sexual harassment under the new definition,” he said during a recent debate on the amendment. “Even those with no ill intentions could suffer damage under this interpretation.”
He also noted that admiring attractive women was a part of Thai culture, as evidenced by the popular lyric, “I gaze at you because you are young and beautiful. Were you not beautiful, I would not look. Were you not stunning, I would not gaze.”
He added that the common Thai saying, “Only relentless pursuit will conquer the world”, implies that if you strongly desire someone, you must keep pursuing them until you win their heart.
Chanettee Tinnam, a lecturer at Chulalongkorn University’s Faculty of Communication Arts, chided Decha for his male-centred perspective and for failing to consider the victim’s point of view.
“If you oppose the proposed law just because you are afraid it will give a few women the chance to exploit or blackmail men, you are effectively depriving the majority of protection,” the academic said.
Chanettee added that women who experience sexual abuse are often subjected to victim-blaming.
“After being abused, they are stigmatised and blamed,” she said. “Even if the assault was not physical, damage can be done to their emotional well-being, leaving scars that last for their whole lifetime.”
Jaded, meanwhile, said it was high time to challenge harmful patriarchal values and perspectives that remain deeply entrenched in Thailand. “We should also root out these mindsets and values from comedy shows and series,” he added.
