Legal Situation and History
Prostitution had been illegal in Thailand since 1960, when a law was passed under pressure from the United Nations. The government has instituted a system of monitoring sex workers in order to prevent their mistreatment and to control the spread of sexually transmitted diseases. The 1960 Law was repealed by The Prevention and Suppression of Prostitution Act, B.E. 2539 (1996).
Thailand has an ancient, continuous tradition of legal texts, generally described under the heading of Dhammasattha literature (Thai pron., tam-ma-sat), wherein prostitution is variously defined, and universally banned. The era of traditional legal texts came to an end in the early 20th century, but the significance of these earlier texts on both the writ and spirit of modern legislation cannot be overlooked.
The current legal framework prohibiting prostitution is the Prevention and Suppression of Prostitution Act, B.E. 2539 (1996). Under the act, persons who solicit sex "in an open and shameless manner" or "causing nuisance to the public" are subject to a fine of 1,000 baht, while persons mingling in a "prostitution establishment" face a jail term of up to one month and/or a fine of up to 1,000 baht. Prostitution is defined as any act done to gratify the sexual desire of another in exchange for money or any other benefit. The term prostitution establishment is not clearly defined, although it may be broadly interpreted to include any place where prostitution takes place, especially in cases involving child prostitution, which carries heavier penalties (up to six years if the prostitute is younger than 15). Otherwise, the law is not usually enforced against prostitution in private places. The act also imposes heavier penalties against owners of prostitution businesses and establishments: a jail term of three to fifteen years, higher if it involves underage or forced prostitutes.
The Criminal Code also contains penalties for pimping or being supported by money earned from prostitution.
The "Entertainment Places Act of 1966" is one of the modern laws regulating massage parlors, go-go bars, karaoke bars, bathhouses and similar establishments. Under this law such establishments are required to be licensed. The law does not expressedly permit prostitution, but allows for "service providers" and "bath service providers," differentiated from regular, non-sexual service staff. For example, there are massage parlours where men come and look at women, who are sitting separated by a glass wall (known as a "fishbowl"), and may choose whom they want. The women go to a room where they bathe and massage the customers, but in reality may do much more than that.
Read more about this topic: Prostitution In Thailand
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