This post has been written in collaboration with Bangkok’s Feminist Legal Support.

Thailand has announced changes to the law on rape and sexual harassment, effective from December 30th. This post breaks down the changes to Thailand’s Criminal Code, explaining which behaviours are now criminalised, the penalties they carry, and the ways in which Thai law now provides increased protections for survivors of sexual violence. It also addresses how these changes should affect the world of sport, explaining the responsibilities of gyms and federations to safeguard against sexual violence in the sporting context, and highlighting the ways they should align their practices with the new law

Key Changes to Thailand’s Criminal Code on Sexual Harassment

Criminalisation of Sexual Harassment

Previously, harassment was vaguely defined under Thai law and often treated as a petty offense, which made it difficult to prosecute. Additionally, the legal framework for these offenses primary focused on the workplace. The new law provides a clear and comprehensively definition of sexual harassment, which includes physical acts, verbal abuse, gestures, leering, or expressions of a sexual nature, whether occurring in person or online.

Behaviours Classed as Sexual Harassment Under Thai Law:

  • Verbal harassment: e.g. making sexual remarks, commenting on someone’s body, or asking unnecessary sexual questions
  • Gesture-based harassment: e.g. leering, whistling, sexual gestures
  • Online harassment: e.g. sending obscene messages or images, or posting harassing comments on social media
  • Physical harassment: e.g. touching another person without consent

Any of these behaviours which cause another person fear, distress, annoyance, shame or humiliation may now constitute a crime under Thai law.

Recognition of Stalking as a Criminal Offence

Thai law now explicitly recognises stalking as a criminal offence. Acts such as repeatedly following, harassing, or monitoring a person in a manner which causes a person to feel unsafe are now punishable by law.

Expanded Definition of Rape

Under previous legislation, rape was narrowly defined as involving only the use of genitals. The new law has expanded this to “using a perpetrator’s genitals to penetrate the genitals, anus, or mouth of another person; using any other body part or object to penetrate the genitals or anus of another person; or forcing another person to perform such an act”. Previously, many of these acts could be classified as ‘indecent assault’, a term loosely defined under Thai legislation. Including them in the new definition closes legal loopholes which previously allowed perpetrators to evade appropriate penalties. It also makes the law more responsive to the diverse ways in which

As well as recognising more diverse forms of sexual violence, the law now also provides inclusivity of diverse gender identities. When referring to genitalia, the new definition specifies the inclusion of those who have undergone gender-affirming surgery or other surgical procedures. This amendment has been made to address inequalities in legal protections for LGBTQIA+ survivors.

Harsher Penalties for Abuse of Power 

Where sexual harassment occurs within relationships characterised by unequal power dynamics, the law prescribes aggravated penalties. This can apply to dynamics between employers and employees, superiors and subordinates, or any relationship in which one person exercises authority over another. This is key for sports organisations, as it acknowledges the power dnyamics between coaches and athletes, indicating that there is now more legal basis to hold those who abuse their positions of power in sport accountable.This illustrates the legal recognition of the misuse of power and structural inequality (power dynamics) as a serious factor in sexual violence.

Judicial Authority to Curb Online Sexual Harassment

The law addresses online sexual harassment by prohibiting the input of sexual content which is used to harass, intimidate, degrade of create a hostile environment into publicly accessible computer systems. Courts are empowered to order the perpetrator to cease dissemination and remove such content from computer systems. Courts may also direct system administrators or service providers to take action within a specified timeframe, aiming to prevent and reduce online sexual harassment.

Updated Penalties

OffenseMaximum FineMaximum Prison Sentence
Sexual harassment1 year20, 000 baht
Repeated harassment causing disruption of daily life2 years40,000 baht
Public shaming or harassment on social media3 years60,000 baht
Harassment involving abuse of power 3 years60,000 baht
Sexual harassment of a minor (under 15 years of age)5 years100,000 baht

Implications for Sports Organisations

This amendment doesn’t replace or diminish the responsibility of sports organisations—it reinforces it. They must rise to meet this legal and cultural shift in condemning all forms of sexual violence.

This requires: 

Implementing Safeguarding Measures: Thai sports organisations must draft or amend safeguarding policies to ensure they align with these legal changes. Incorporating these definitions into policies would strengthen safeguarding against all forms of sexual violence prohibited by Thai law.

Other safeguarding requirements include:

  • Codes of conduct (including the prohibition of sexual relationships between coaches and their athletes)
  • Safe recruitment processes (criminal background checks before hiring coaches)
  • Anonymous and trauma-informed reporting mechanisms
  • Investigative procedures
  • Signposting to support organisations

Addressing Power Dynamics: Now that Thai law recognises the aggravating factor of power dynamics in cases of sexual harassment, sports organisations should do the same, seeking to mitigate the power dynamics and cultural contributors that perpetuate harm. 

What Happens When the Justice System Fails? 

The current lack of suitable reporting mechanisms and investigative procedures within Thailand’s sporting environment leaves athletes vulnerable to harm, and limits survivors to the justice system as a route for remedy. 

However, a 2025 report by the International Commission of Jurists on sexual and gender-based violence in Thailand highlighted the ways in which the justice system often fails survivors, with systemic barriers to reporting and extremely low conviction rates.

Sports organisations therefore can’t only rely on the justice system, and a criminal conviction (or lack thereof) doesn’t mean they don’t need to take any further action. They must take accountability for what they allow and enable in their own ecosystems. 

Sports Organisations Must Take Action Against Sexual Violence

Gym managers and sports authorities often assume that dealing with cases is a criminal matter, and therefore not their responsibility. This is not the case. They must take responsibility for:

  • Creating a culture that doesn’t allow, enable or dismiss sexual violence.
  • Addressing concerns with care, accountability and transparency.
  • Prioritising the wellbeing of survivors over perpetrators, organisational reputation and sporting success.

A criminal conviction is not the only standard for taking action, and sports organisations must display institutional courage and proactively take a stand against sexual violence. Those seeking guidance for implementing sports safeguarding measures can visit the Safe Sport Community library for free resources to get started. 

Categories: safeguarding

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