PROBLEMS IN INTERPRETING ILLEGAL SEXUAL EXPLOITATION IN HUMAN TRAFFICKING CASES ACCORDING TO THE PREVENTION AND SUPPRESSION OF HUMAN TRAFFICKING ACT 2008

Abstract

The Research article on the problem of interpreting illegal sexual exploitation in human trafficking cases. According to the Prevention and Suppression of Human Trafficking Act of 2008, the objective is to study and find a solution to the problem of defining human trafficking regarding the interpretation of illegal sexual exploitation in the Thai legal system, which is likely still lacking. The results of the study 1) found that the use of legal measures to define the offense of sex trafficking in Thailand emphasizes the principle of the law that there must be a criminal element that occurs with the intention of the perpetrator to seek direct illegal sexual benefits first Therefore it will be considered a sex trafficking offense. According to the Supreme Court Judgment No. 777/2013 of Thailand that has been decided in the past, 2) it was found that there are different approaches to the use of human trafficking legal measures regarding the interpretation of illegal sexual exploitation in foreign countries. As for the laws regarding sex trafficking in foreign countries, whether they are countries with a common law concept or a civil law concept, they all have the same direction. The majority of cases will harmonize the provisions of the United Nations Convention against Transnational Organized Crime, 2000, Article 3(a) (Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially). Women and Children, supplementing the United Nations Convention against Transnational Organized Crime Article 3-Use of terms For the purposes of this Protocol), especially in relation to the issue of sexual exploitation that: Exploiting at least includes the act of illegally exploiting the prostitution of another person. 3) It was found that if Thailand were to bring this concept to amend and add to the law according to Section 6 and Section 7 of the Prevention and Suppression of Human Trafficking Act 2008 of Thailand. It should make the definition of human trafficking, especially illegal sexual exploitation, adequate and consistent.