'If I were to come across him, I would ask whether he knows what I'm going through," said a woman in her 30s. How hard is it to carry a sense of helplessness for years? How difficult is it to build a new relationship after your trust has been broken? Can the attacker understand such feelings? I know the victim would rather not ask these questions than let her struggle out.
The victim of sexual abuse shared her experience with me a few years ago. She did not take legal action because she felt ashamed and powerless. She agreed that punishment should be meted out, but doubted whether it would make the perpetrator feel guilty. She recovered from the nightmare but did not have a sense of closure because she knew there would be other victims.
The whole conversation flooded back to me when a bill on the prevention of offenders with a history of sexual or violent crime passed its third and final reading by the House of Representatives last week. It will be forwarded to the Senate for further review. If passed into law, potential reoffenders will be subject to surveillance after prison, including the possibility of chemical castration.
Sponsored by the Justice Ministry, the bill can deliver a one-two punch. On the one hand, it can deter ex-convicts and would-be offenders from committing crimes. On the other hand, it serves as a form of retaliation again offenders, on top of them having to complete jail terms. It is akin to an eye for an eye. Emasculation gives a sense of satisfaction that justice is achieved, which explains why some favour the death penalty for rapists.
Recidivism is definitely a cause for concern. The Justice Ministry found that more than 50% of ex-convicts commit repeat offences within three years. A security guard who raped a condo resident in Bangkok and was found to have a criminal record of child molestation is a case in point. However, chemical castration is a quick fix for a much larger problem.
The root cause of sexual violence is the entrenched patriarchal and authoritarian structure. Deeply ingrained in Thai society, gender norms and roles coupled with a seniority culture allow men in power to dominate and abuse women. Unequal power relations are common at home, school and work. Often, the perpetrators are let off the hook.
The Women's and Men's Progressive Movement Foundation analysed over 330 sexual crimes from nine newspapers in 2019. It found that rape accounted for 43.9%, followed by forced prostitution (11.7%) and attempted rape (10.2%). Sexual offences were committed by strangers (45.9%), friends and family members (45.6%), and social networks (8.5%).
The media is taking part in normalising sexual violence. Many soap operas portray men raping for domination and punishment. Last year, Song Sanaeha (The Unidentical Twins) on Channel 3 came under fire online for portraying a violent scene in which a female villain is gangraped and blackmailed.
Given its popularity, the Yaoi or Boy's Love series romanticises hate-to-love homoerotic relationships between males.
Gender inequality is reflected in law enforcement. Offenders can mediate if victims are over 15. Also, the new definition of rape has been narrowed down from using objects for penetration to using the penis. Even if culprits are castrated, they can perform other acts which can result in being charged with obscenity and subject to a lenient penalty.
It raises the question of how effective current punishments are. Ayuth Sintoppant, Department of Correction director-general, said in November that violent offenders would be isolated in supermax prisons and undergo rehabilitation. If that's the case, do they promote an understanding of gender equality?
Of course, chemical castration is being practised in many countries, including Poland, South Korea, the Czech Republic and some American states. Pakistan recently enforcing this penalty last November after a mother of two children was sexually assaulted by two men at gunpoint. However, this and other quick-fix methods are not enough to change criminal behaviour.
I think education that promotes gender equality and human rights is the most sustainable solution to recidivism. Prisoners should be allowed to take part in constructive rehabilitation programmes that encourage them to understand these ideas. This rests on the belief that they are not inherently evil.
The Ban Kanchanaphisek Juvenile Training Centre can serve as an example of how to restore their humanity. Supervised by Ticha Na Nakorn, it seeks to redefine juvenile imprisonment. Instead of treating them as prisoners, they undergo rehab to understand victims. Feeling remorse, they begin to change their attitudes over time. The sex victim I met was not sure whether she was ready to meet the perpetrator who might be seeking forgiveness, but she asked only to let him understand her trauma and stop hurting people.