Since June 19, 1999, November has been designated by the government as the month to end violence against women. Despite 24 years of advocacy efforts, Thai women still experience violence every day. To raise awareness and discuss misconceptions regarding sexual violence against women, the Nitivajra Institute at the Attorney General's Office of Thailand recently organised a forum, "Misconceptions And Misunderstandings That Affect Violence Against Sexuality", via Zoom and social media.
According to a 2021 study by the Women and Men Progressive Movement Foundation (WMP), which analysed 98 news reports on violence against women from 13 news outlets, results revealed that 38.8% of reports involved rape, 30.6% involved sexual assault within families and 11.2% involved sexual harassment.
In addition, 46.4% of reports stated that perpetrators were people victims knew. Additionally, 30.9% of reports indicated that the perpetrators were family members and 20.6% were strangers.
Wasan Paileeklee, a commissioner of the National Human Rights Commission (NHRC), stated that misconceptions about sexual abuse have persisted for several decades and the number of cases in news reports are fewer than the actual occurrences. Many victims are terrified to file reports with the police because perpetrators are people they know or people with power over them.
Jaded Chouwilai, director of the WMP, stated that these misconceptions remain a significant issue, especially when victims file reports with the police because they are often questioned by officers to be the ones who initiate the incident.
"Victims are questioned if they were in an isolated area or if they were wearing revealing clothes. In cases involving teachers or people in educational institutions, they usually protect each other and blame the victims or students instead. This causes many victims to be afraid of approaching the police. Some victims endure sexual assault or sexual harassment during high school years and wait until they became university students to file charges against the perpetrators due to fear of retaliation," he said.
Santanee Ditsayabut, director of the secretariat office of the Nitivajra Institute, agreed with Jaded. She pointed out that due to misconceptions, there is victim-blaming involved in the legal process and most victims experience abuse from officers' questions.
"The United Nations issued a report on rape cases and the legal process in Thailand and Vietnam. The report stated that 87% of victims did not file reports due to misconceptions from officers in the legal process. Instead of asking about the incident, victims were questioned about how they were dressed and why they were there. These questions made victims feel that it was their fault and this eventually led them to withdraw their case," said Santanee.
"Sexual crimes are about victim credibility. Therefore, most questions during the legal process seem to offend victims and focus on their credibility rather than the cause of the incident.
"One of the misconceptions is that there must be a 'perfect victim', which refers to a vulnerable and powerless victim. Victims are judged based on their behaviour. If they have an attitude or have a sexual history, they are judged with bias. Another misconception is that victims must resist and seriously fight perpetrators with weapons. However, according to statistics, not many cases mentioned the use of weapons."
It was frustrating to hear ML Supakit Charoonroj, secretary-general of the Nitivajra Institute, mention that in many cases, misconceptions and legal processes can turn perpetrators into victims by falsely blaming real victims for wanting money from them.
Consent is another misconception. Jaded explained that many Thais have a limited understanding of consent and believe that verbal sexual harassment is acceptable.
"Many women experience unwelcome behaviour, but they are told to be patient. If they cannot endure this kind of sexual harassment, they are suggested to quit their jobs."
Jaded mentioned a case to give as an example regarding consent.
"There was a victim who was raped by a senior at her university. The victim initially won the case at the Court of First Instance, resulting in the perpetrator being sentenced to three years in prison. However, because the victim had visited this senior at his home, the case was dismissed on appeal as the court interpreted her visit as implied consent," he said.
"This incident highlights an issue in Thailand where many people struggle to understand the concept of consent. Visiting a perpetrator's residence does not imply consent, nor does socialising with perpetrators imply consent for sexual activity."
Wasan further emphasised that consent granted on one occasion does not automatically extend to future encounters. Giving consent is something that people should discuss to make the situation clearer and ensure that all parties involved are comfortable and understand the boundaries of the interaction.
As an NHRC commissioner, Wasan mentioned that when sexual abuse occurs in schools, the agency coordinates with police to investigate the case.
"NHRC suggested to the Ministry of Education that there should be guidelines for student safety and a centre to assist students who feel unsafe. Additionally, schools must report any sexual misconduct cases. If they fail to report, they are liable," said Wasan.
While establishing safety centres in schools is an important initiative, it is more crucial to prevent sexual violence from occurring. One preventative approach is incorporating a human rights curriculum into the educational system, as suggested by Sasinan Thamnithinan, a member of the House of Representatives from the Move Forward Party.
"From birth to six years is a crucial time for personality development. In developed countries, they teach about human rights in primary school. I've read their curriculums and learned that not violating other people's rights and learning about consent should start at home. I taught my children about consent. When I want to touch or kiss them, I always ask for their permission," said Sasinan.
Media is a powerful tool in changing misconceptions about sexual abuse. Sasinan revealed that K-dramas helped her challenge some of her own misconceptions.
"When South Korea faced a surge in sexual harassment cases, numerous TV dramas addressing these issues were released. Using media to educate people about sex crimes is important. However, TV dramas in Thailand often perpetuate these misconceptions in their content," said Sasinan.
"The Move Forward Party will propose a law to clarify the definition of sexual harassment and introduce legislation addressing stalking, as authorities currently refuse to accept reports of these cases. These proposed laws will generate debates in parliament."
Jaded suggested that there should be sexual misconduct guidelines in organisations, so all staff can feel safe.
"There should be a workshop with a small group. Training with a big group does not work because not everyone gets involved. In a small group, male staff will learn what kind of behaviour makes female staff feel uncomfortable. Staff will learn to find solutions and punishment together," he said.
Wasan concluded the forum by highlighting that public disapproval serves as a vital tool in combatting sexual misconduct.
"Thai people can learn from the #MeToo movement which gained widespread attention in many countries. Thailand is becoming more aware of sexual abuse. This year, there were some parliamentarians involved in sexual misconduct cases. When their parties failed to implement appropriate procedures in handling the cases, the public did not accept it. Social sanction plays a crucial role in sexual misconduct cases," he said.
