Thailand Boogie, One Step Forward Two Steps Back

Ai Haruna, 37, from Japan, celebrates after winning the Miss International Queen 2009

Picture Courtesy Reuters

Over the weekend Miss International Queen 2009 was Crowned in Pattaya, Thailand. You might think that that isn’t such a big deal, beauty contests take place all the time. Well, this beauty contest is a little different as all of the beautiful female contestants are actually male. This years winner was Ai Haruna age 37,  from Japan.

Whether they be called Ladyboy, Kathoey or the third gender they often lead a very normal life in Thailand to some degree. They are generally accepted more and more into Thai society even though they are still looked down upon by a good many Thai’s.

Even so, the Miss International Queen pageant was broadcast live and watched by millions of Thai’s this past weekend which suggests that Thai’s are becoming tolerant of their transgendered countrymen.

While the Thai’s are seemingly taking a step forward on the transgendered front they are absolutely taking two steps backward on the laws which could protect them and millions of Thai women. Specifically,  the rape laws in Thailand. For a very long time the rape laws in Thailand were a very narrow affair, not accepting spousal rape, male on male rape or transgendered rape within their scope.

It took some time but various rights groups, through very public campaigns, turned the tide and helped to get the rape laws amended to include marital rape, protection for homosexuals as well as expanding the term rape to include the anus and the insertion of objects into the anus or vagina.

You would think anyone in the 21st century would see that as progress and yet there are those who are clearly more comfortable with the old way of doing things. Thai government agencies such as the Office of Welfare Promotion, Protection and Empowerment of Vulnerable Groups, and the Ministry of Social Development and Human Security, think the law is now too broad. These agencies are saying that the police and judicial system are finding it too hard to prosecute offenders and want to see a return to the more narrow rape laws.

They have put forth a draft amendment to Thailand’s rape laws that would once again narrow the definition to forced vaginal intercourse between men and women. Forced oral sex, anal sex and male on male rape would be removed from the rape laws and be covered under the sexual obscenity laws. While the sexual obscenity laws would carry the same penalties as rape they belittle the people involved by downgrading their existence to something less than.

The draft amendment, funnily enough, seeks to protect those who cannot protect themselves by adding to the law increased punishment for the rape of under-age girls, the disabled, the elderly, and pregnant women. Unfortunately The law lacks protection for spousal rape, instead placing this issue in limbo by stating that this is a family problem that needs time to resolve within the family.

The amendment also seeks to take the courts power away to issue a divorce on behalf of a victim of spousal rape and place it back in the woman’s hands to file for a divorce. Ultimately this makes it much harder for spousal rape victims to get away from their attackers because certain Thai officials believe the family unit takes precedence above all.

It’s easy to see that little by little the attitude towards the transgendered is changing in Thailand. The fact that millions of Thai’s watched a transgendered beauty pageant on a Saturday night is at least a sign of passive acceptance. Unfortunately these small steps forward are often overlooked due to the narrow minded ignorance of Thailand politicking for the greater good of the Thai bureaucracy

It seems the more things change the more they stay the same in Thailand.

sig1 Thailand Boogie, One Step Forward Two Steps Back
Related Posts with Thumbnails

If you enjoyed this post, make sure you subscribe to my RSS feed!
6 Responses to Thailand Boogie, One Step Forward Two Steps Back
  1. Martyn
    November 2, 2009 | 5:40 pm

    The top photo did actually fool me, perhaps I’ve been away too long.

    Until I read this post I didn’t know anything as such about Thai rape laws or the proposed amendment.

    ‘Unfortunately the law lacks protection for spousal rape, instead placing this issue in limbo by stating that this is a family problem that needs time to resolve within the family.’

    I think the above needs to be addressed because values, morals, call them whatever you want are taught from a young age and primarily from within the family. If you are brought up in a loving family then there is every chance you will reproduce one.

    We all know of the stories of Thai girls getting sexually abused from family members and this can have a massive psychological negative impact on the victim. This often leads to the person living their life with a big mistrust of all males. Correcting and hopefully punishing the spousal rapes will perhaps send a message of intent that might (grave doubts) filter back through society and into families in general.

    Rape is rape and she or indeed he who has been raped can sometimes pillage and plunder another. I think implementing harsh spousal rape punishment is the key area in Thailand’s fight against one of the dirtiest and most vile of crimes.
    Martyn´s last blog ..Thai Toilets – Get Me Out Of Here My ComLuv Profile

  2. Martyn
    November 2, 2009 | 5:42 pm

    Forgot to add…Are ladyboys getting prettier or is my bloody eyesight getting even worse.
    Martyn´s last blog ..Thai Toilets – Get Me Out Of Here My ComLuv Profile

    • Talen
      November 2, 2009 | 5:47 pm

      Martyn, I have to agree with everything you’ve said and yes some ladyboys are absolutely gorgeous. The winner was from Japan and I hear they turn out the most stunning and petite ladyboys…not like some of the 6 footers I’ve seen around Bangkok or Pattaya.

  3. Catherine
    November 2, 2009 | 7:42 pm

    Great reporting Talen (this is all new to me).

    ‘These agencies are saying that the police and judicial system are finding it too hard to prosecute offenders and want to see a return to the more narrow rape laws.’

    ‘Forced oral sex, anal sex and male on male rape would be removed from the rape laws and be covered under the sexual obscenity laws.’

    I don’t understand. If they are having a difficult time prosecuting under one law, what makes them think it will be easier prosecuting other another?

    Laws do influence how citizens feel about an act. Calling rape an obscenity and not what it is, rape, may even weaken the sentence in the mind of the judges too.

    Too many laws. Not enough laws. There is a delicate balance lawmakers must attain.
    Catherine´s last blog ..Loi Krathong Song Lyrics My ComLuv Profile

  4. Mike
    November 3, 2009 | 3:18 am

    Talen whilst I certainly don’t condone the Thai law makers I do however appreciate how difficult it is to get a conviction for rape in any country.

    My experience in the UK police, where the law regarding rape continues to be developed, both by Statute and Common Law was that many cases of rape within existing relationship (or relationships that are over) was not something that investigators relished dealing with.

    Of course women and men deserve the full protection of the law but the legislators have to make the law usable by the forces of law and order.
    Mike´s last blog ..Loi Krathong Khlong Wan Thailand 2009 My ComLuv Profile

  5. Talen
    November 3, 2009 | 3:40 am

    Mike, The law has been usable since it was amended to include spousal rape and rape of homosexuals. Can it be more difficult to prosecute some of those cases, certainly. But when legislators feel that spousal rape is something best left for the family to resolve there is serious breakdown with the reality of the situation at hand.

    The fact that they want to re-classify homosexual rape and rape with inanimate objects to sexual obscenity degrades those who are a victim of these crimes and will serve only to keep these crimes from being reported as they should.

    It’s never good policy to make it harder on the victims than the criminals.

Leave a Reply


Wanting to leave an <em>phasis on your comment?

Trackback URL http://thailandlandofsmiles.com/2009/11/02/thailand-boogie-step-forwards-steps/trackback/