8/2549 Thailand Supreme
Court Opinion 191 (No. 7853) 2006
Public Prosecutor vs. Mr. Eakkapong or Eakkapong or Mod Boonjea
Re: Rape of a Minor; Multiple Sexual Offenses
The wrongful act of separating a girl under 15 years of age from her parents as separation for the purposes of sexual abuse according to Paragraph 3 Section 317 of the Criminal Code: The defendant had the intention to carry out a wrongful act against the parents of the Thailand injured party which is one sexual offense which is separate from the wrongful act of taking another person to sexually abuse them according to the first paragraph of Section 285 of the Criminal Code.
The wrongful act of raping a girl who is less than 15 years of age according to Paragraph 3 Section 317 of the Criminal Code and the wrongful act of taking another person to sexually abuse them according to Paragraph 1 Section 317 of the Criminal Code: The defendant had the same intention, that is to take the defendant to a place where he could rape her. The action of the defendant is the same wrongful act which violates many different laws.
The problem is whether the actions of the defendant were one sexual offense or many different sexual offenses. This is therefore a question of the order of the law. Although the parties did not appeal to the Supreme Court, the Supreme Court has the power to consider the case according to Paragraph 2 of Section 195 and Section 225 of the Criminal Procedure Code.