Guidance

Thailand: information for survivors of rape and sexual assault

Updated 22 November 2023

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the international emergency number on 1669 or Tourist Police on 1155 or Tourist Assistance Centre on 1672
• contact your tour operator if you are travelling with one
• contact the British Embassy Bangkok on +66 (0) 2 305 8333 . Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

If you want to report the incident to the police in Thailand

Before you go to the police station

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the nearest British embassy or consulate on +66 (0) 2 305 8333 and they can offer you consular support.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

At the police station

Tell the police if you think you have been drugged

You will be asked to give a statement to the police as to what happened and who the perpetrator(s) was. The statement will generally include your account of what happened, including the description of the perpetrator, location, any injuries and whether you were drugged or under the influence of alcohol.

There are no risks from reporting the incident to the local police. Extramarital sex or homosexuality is not a crime in Thailand.

You can request a female or male police officer to speak to you, depending on their availability. In most police stations English-speaking officers will be available. However if this is not possible we recommend you ask for an interpreter. Thai Tourist Police and Tourist Assistance Centre officers may also be able to assist you with the visit to the police station. Most Tourist Police speak good English.

The police may ask you to give your clothes and any electrical equipment as evidence of the attack to present to a forensic examiner. These will be returned when the investigation or trial is completed.

If you wish a consular officer may be able to accompany you to the police station to be with you during the statement taking. This is dependent on where the attack takes place in Thailand. If no consular official is able to accompany you, we will talk you through the process and what you can expect. With your consent we will see if Tourist Police or Tourist Assistance Centre officers are available to be with you at the police station in the absence of a consular official.

You will be asked to undergo a medical examination as part of the investigation at a local hospital. Some hospitals are not to the standard of hospitals in the UK. If possible, consular staff will accompany you to this examination.

Ask for a police report, and request a translation in English if applicable.

The local police will not inform UK police instead they will inform the British Embassy.

You may wish to appoint a lawyer as one will not automatically be assigned to you.

You do not have to surrender your passport whilst any investigation is carried out.

The way Thai police respond to attacks can vary from province to province.

Instead of going to the police station first, you may go to the nearest hospital if you need medical treatment. Contact the One Stop Service Centre (OSCC) of the Police General Hospital on 1300 for help and inform the OSCC and the hospital that you want to have medical treatment and to make a criminal complaint. The OSCC will assist you through the process and may also provide you access to a psychiatrist and/or a social worker if needed.

Investigations of rape and sexual assaults are judge led.

After making a statement

Make sure you get a copy of the statement.

The police may take you to the scene of the crime, and review any CCTV (if any in place) for the area where you were attacked to help identify and arrest the perpetrator(s). If you do not feel comfortable going back to the scene of the crime, let the police know. Where possible a consular officer will accompany you, if you wish.

If a suspect is brought to the police station you will be asked to attend the police station to make an identification. You may be put face to face with the person who attacked you – you might find this very distressing.

Once the police make an arrest, it depends whether the suspect will be taken before the public prosecutor. An arrest warrant has to be applied for and obtained from a court. Before issuing an arrest warrant, the police may take some time to investigate the case including summoning the accused to acknowledge the accusations. If the police find a probable cause that the accused committed the alleged crime, the police will apply to a court for an arrest warrant.

You will not be expected to go in front of the public prosecutor to make a statement. Lawyers do not have access to your case notes at this stage until the case is filed with the court and evidence is submitted by the public prosecutor to the court.

You should contact the Lawyers Council of Thailand for pro bono legal services. In addition, Women and Men Progressive Movement Foundation offers pro bono legal services for sexual abuse cases. English speaking officers are available.

Once you have completed your statement, there will generally be no restriction on you leaving Thailand. You can request to be kept updated when you return to the UK. We would strongly recommend that you use a local English-speaking lawyer who will be able to keep you up-dated with how the cases progresses.

If you do not want to report the incident to the police in Thailand

The British embassy will be able to help you. This includes:

• helping you to contact your insurance company and/or your family
• accompanying you to the local hospital/medical facility, where possible
• providing you with lists of English-speaking medical facilities, lawyers and translators.
• helping you with arrangements to travel back to the UK
• providing you with information on local support in the UK

You can also report the incident to your tour operator, if you’re travelling with one. They may be able to help you, including accompanying you to the local hospital.

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated. However, you will still be able to get medical attention. You may want to discuss this further with your insurance company if you have to pay for a medical examination.

The medical examination: what to expect

Where to go

In most provinces there are Government hospitals which have a One Stop Crisis Centre (OSCC) to treat victims of rape and sexual assault. Sometimes the hospital requires a referral letter from the police to carry out a medical examination. This is not needed for medical treatment. Some hospitals, including Police General Hospital in Bangkok, will accept victims without a referral from the police and there is no requirement to report to the police before going to hospital.

As English may not sometimes be spoken in government hospitals you may need an interpreter to assist (Tourist Police or Tourist Assistance Centre may also be able to assist you).

In some circumstances, if you would like time to decide on whether you want the police involved, the hospital will take forensic evidence and then await your decision on whether you want to proceed or not.

Examination

The examination will be carried out by a doctor and can involve both a physical examination, photographs and taking of samples for evidence. The results will be reported to the police if the police report is first made. It could take up to 1 month for the results to be issued.

You should not shower, comb your hair, douche or change clothes before getting a medical examination as valuable forensic evidence of the assault remains on your body and clothes.

If you have changed clothes, place the clothes you were wearing during the assault - including undergarment in a paper bag and take them to the hospital. If you believe you may have been drugged, you should try to wait to urinate until you arrive at hospital. However, if you cannot wait, then you should collect your first urine in a clean container with a lid and take it with you to the hospital. You should also tell the doctor/nurse your symptoms and that you believe you were given a drug so that necessary samples can be taken.

If you want someone to accompany you to the hospital, you can contact the British Embassy Bangkok on +66 (0) 2 305 8333 or your tour operator to ask for this.

Treatment

You may be at risk of pregnancy or sexually transmitted infections (STIs). Emergency anti-HIV medication, called post-exposure prophylaxis (PEP) may prevent HIV infection. Most Government hospitals can advise you on PEP medication which is available at government hospital pharmacy, however as English may not sometimes be spoken in government hospitals you may need an interpreter to assist (Tourist Police or Tourist Assistance Centre may also be able to assist you). You may also need to request this medication as some hospitals do not automatically give it.

HIV PEP medication needs to be taken within 72 hours of the attack for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK.

Emergency contraception needs to be taken within 72 hours to be effective. This is available over the counter at pharmacies in all provinces and government hospitals.

You or your insurer will need to pay for all medical treatment, consultations etc.

If you have had medication administered abroad, you should keep the label or make a note of the name of the medication. you can then give it to your local health provider when you return home.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may depend on where you report the crime.

In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence

If you are staying in Thailand and the crime took place there, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London

If you do not report the crime in Thailand and you return to the UK, you can still report the matter to your local UK police

The UK police should send the information you provide to Thailand. However, foreign police forces decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in Thailand. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Court procedures in Thailand: – what to expect

You are expected to testify in court after the public prosecutor makes a decision to press charges and file the case with the court. This can be several months from the time you first reported the attack and gave your statement. You may apply to the Thai court to testify from the UK but this is subject to the Thai court’s discretion and has not been regularly granted.

There is no fixed timescale for the court process. The length of time court proceedings can take depends on a wide range of factors including case complexity or if the perpetrator pleads guilty or not

The court will not automatically update the British Embassy on progress but we can make enquiries and seek updates from the court on your behalf.

You are entitled to be kept aware of the case even without a lawyer being appointed. The benefits in hiring a lawyer are that the lawyer can act as your representative in Thailand to physically visit the authorities and to write to the authorities in Thai to follow up with the case on your behalf. The other benefit may be that the lawyer could assist you in filing a claim for compensation against the perpetrator. If found guilty the court may order the perpetrator to pay you compensation.

You may be asked to confirm your testimony and give an additional statement if the public prosecutor thinks the statement given to the police is unclear or insufficient. In addition, you may be cross-examined in court by the perpetrator’s counsel. Also if the perpetrator pleaded not guilty he/she is given the opportunity to cross examine as he/she would not have had this opportunity to do so during the police or public prosecutor stage.

When being cross-examined, Section 226/4 of the Criminal Procedure Code states that in the case of a sexual offence, the perpetrator shall not sight as evidence or make cross-examination questioning your sexual behaviour. When being cross-examined judges will ensure you are not asked inappropriate questions unless they are material to the case. Your lawyer should assist you through the cross-examination process and protect your from inappropriate questions.

It is possible to drop charges once they are filed however this is very much a case by case basis and down to individual police stations, especially if there is clear evidence of the rape taking place. Some police authorities may charge you if you do drop a case or make a false accusation or statement.

The suspect can press counter charges claiming false accusations. This is pursuant to the Penal Code Section 172 which states that ‘whoever, giving any false information concerning a criminal offence, which may likely cause injury to the other person or the public, Public Prosecutor, officials conducing the case, inquiry official or any other official who has the power to investigate the criminal cases shall be punished with imprisonment not exceeding two years or fines up to four thousand Baht, or both.

Taking your case to trial

You need to file a criminal complaint with the police in order for your case to be taken to trial. A criminal complaint can be filed verbally with the police who will record it in writing and will then ask you to sign it. A criminal complaint is basically a document which explains what and when the attack happened to you, the identity of the perpetrator and a request to the police to investigate the case and take legal action against the perpetrator.

You have to make the filing of a criminal complaint on rape within the applicable prescription period under Thai law. If the rape was done by your spouse or it is a case of indecent assault in a private place and you are over 15 years of age the complaint has to be filed within 3 months from the incident (section 281 of the Penal Code). For any other situations the prescriptive period is longer, generally 10 years (section 276 and 95(3) of the penal code). However you are advised to file a criminal complaint as soon as the attack took place so that all fresh evidence can be gathered and examined by the concerning authorities in due course.

A criminal complaint has to be made in Thailand and cannot be done from the UK. You do not need a local legal representative to file a criminal complaint. It has to be done in Thai and the police station should be able to provide a translator for you.

Trial procedures

You will need to follow up with the public prosecutor in charge of the case as to the statue of the case and whether there is going to be a trial. If a trial is fixed and you are called to testify you will be summoned by the court to appear during the trial on the request of the public prosecutor. The trial with be conducted in Thai.

You do not need to be present at every court session. However you are likely to be required to be present at the trial to testify before the court. Under the present law you may testify by video from the UK (however we are not aware of this ever being tested). If the court does not permit this you will be expected to return to Thailand to testify.

Thai authorities concerned may assist you with travel and accommodation arrangements if you have to return for the trial but generally if you do have to attend the trial in Thailand you will more than likely have to pay your travel and accommodation.

The trial could last from a few months to a year or two depending on how the accused pleads, the complexity of the case and the number of witnesses to be presented by both parties.

If found guilty, the accused has the right of appeal within 1 month from the date of the Court of First Instance’s decision and has the right to appeal with in 1 month from the date of the Court of Appeals’ decision, subject to certain appeal restrictions under the law. It can take approximately 1-2 years in the Court of Appeals and the Supreme Court. There is no appeal hearing in the Court of Appeals or the Supreme Court.

Hiring a lawyer

A privately-hired lawyer can help guiding you through the criminal process. The lawyer can present and assist you dealing and following up with the police, the public prosecutor, the court and other relevant authorities. In addition, the lawyer can make a request on your behalf to be joint plaintiff with the public prosecutor in the criminal case against the perpetrator which would allow you to present your own evidence in support of the case and to file a separate appeal against the decision of the Court of First Instance/the Court of Appeals in the event that the decision was not favourable to you (for example you feel the sentence imposed by the court was too lenient). In addition, the lawyer can assist you with submissions of documents and motions to the authorities and courts such as a motion to testify via video conference. The lawyer can also assist you to claim compensation against the perpetrator and to request for the available legal remedies from the relevant Thai authority.

Please see the list of English speaking Lawyers and translators in Thailand .You may also contact the Lawyers Council of re there lawyers who specialise in rape and sexual assault cases.

Communication

There is no specific requirement that the Thai authorities should keep in communication with you. You have to follow up the case and/or the public prosecutor. If the public prosecutor requires an additional testimony from you, they will reach out to you to provide the required information. If you are required during criminal court proceedings you will be summoned by the court.

If you are not resident in Thailand, you do not have to give a local address. You can provide your lawyer’s address in case the police/public prosecutor wishes to reach out to you.

If you do not appoint a lawyer, you should contact the police and public prosecutor regularly for updates. The police and the public prosecutor are usually helpful and should willingly provide you with information about the case.

Legal aid

You may apply for legal aid to the Justice Funds of the Ministry of Justice. The Justice Funds assist victims in hiring and paying for lawyers when needed. In making an application for legal aid to the Justice Funds you have to submit your passport, your address, evidence regarding your financial situation (expenses etc) and documents relating to your case. The Committee of the Ministry of Justice will consider your application. However, for criminal cases, the Justice Funds Committee may be of the opinion that there is no necessity to arrange for a lawyer as you will be presented by the public prosecutor. This all depends on the situation and there is nothing to stop you applying for the funds.

You can also request the public prosecutor to claim compensation against the perpetrator in the criminal case filed against him/her. The claim is free of charge and would be assisted by the public prosecutor. The claim has to be made before the judgement of the court. If the public prosecutor does not assist in making this claim, you should ask your lawyer to do so.

Even if you engage your own lawyer to file a separate claim in the civil court, you may apply for court fee exception if you have financial difficulties. Your financial situation will be evaluated by taking into account your income, expenses, assets and debts.

In addition, the Women and Men Progressive Movement Foundation may offer pro bono legal services for sexual abuse cases. Telephone number 02 513 2889 or message them on their Facebook page.

The legal aid as mentioned above covers pro bono legal representation an some financial remedies. For pro bono services, lawyers do not charge for the service before the case goes to the court and should be free throughout the process.

Sentencing

In rape and sexual assault cases, the perpetrator would be guilty of rape pursuant to section 276 of the Penal Code among others.

Under Section 276 of the Penal Code, the sentences include imprisonment terms from 4 years up to 20 years and a fine of between THB 80,000 – THB 400,000.

Sentences are weighed in favour of punishment.

If the perpetrator is found not guilty the case will be dismissed and the alleged perpetrator will generally be released by the court. Sometimes, if the case is dismissed due to reasonable doubt, the courts may order the alleged perpetrator be detailed pending the appeal but he/she can still apply to be released on bail. The public prosecutor may appeal to the Court of Appeals/Supreme Court within 1 month. If you have appointed a lawyer and have obtained leave to become the joint plaintiff, you may separately appeal the decision of the Court of First Instance/Court of Appeals to the Court of Appeals/Supreme Court.

Compensation

The Courts can order the accused to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or as a result of civil action.

You have the right to make an application to the Committee for the Consideration of Compensation to Victims and Defendants at the Office of Financial Assistance to Victims and Defendants in Criminal Matters at the Ministry of Justice within 1 year form the date of the attack. This application can be made by your lawyer on your behalf.

When you return to the UK

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country where the assault took place.

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

Location	Service
England	NHS Choices website, or search online for ‘NHS SARC’
Scotland	Archway SARC, or phone 0141 211 8175
Wales	New Pathways SARC, or phone 01685 379 310 Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland, or phone 0800 389 4424

Disclaimer

This information has been prepared by UK Government officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither the UK Government nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (2 February 2022).

Glossary of terms

Useful medical terms

English	Thai	Thai pronunciation
Pregnancy	การตั้งครรภ์	Gan-tang-kan
Sexually Transmitted Infections (STIs)	โรคติดต่อทางเพศสัมพันธ์	Rok-tid-tor-tang-pet-sam-pan
Post-exposure prophylaxis (PEP)	ยาป้องกันการติดเชื้อเอชไอวีในกรณีฉุกเฉิน	Ya-pong-gun-gan-tid-HIV-chuk-choen
Emergency contraception	ยาคุมกำเนิดฉุกเฉิน	Ya-koom-gam-noed-chuk-choen