Prostitution is not legal in Thailand
[URL]https://mekongmigration.org/labourlaw/images/labourlaw/pdf/thailand/49%20Prostitution%20Prevention%20and%20Suppression%20Act%201996.pdf[/URL]
In the history of ISG no one has ever produced a legal opinion from a member of the the bar that says: [I]Prostitution is legal in Thailand[/I].
[QUOTE=EihTooms;3086602]1. It is the [B]evidence[/B] of prostitution the police are looking to suppress. Remember the Act's definition of prostitution being [b]in a promiscuous manner[/b]?[/QUOTE][B]EihTooms[/B] is hanging his entire agreement on: [B]in a promiscuous manner[/B] while leaving out the following vital legal facts:
The Thai legal system does not provide a clear definition of the phrase [B]in a promiscuous manner[/B] within the Prevention and Suppression of Prostitution Act of 1996. The Act defines prostitution as sexual acts performed to gratify another person's desires in a "promiscuous manner" in return for money or benefit. Legal sources explicitly state that [I]no clear definition[/I] of "promiscuous manner" is provided in the statute. Similarly, the phrase [I]"open and shameless manner"[/I] used regarding solicitation is also not clearly defined. Consequently, the interpretation of these terms relies on judicial discretion and the specific circumstances of each case, such as whether the acts are causing a public nuisance or occurring in established prostitution establishments.
[B]EihTooms[/B] is welcome to correct me on this.
[QUOTE=EihTooms;3086602]2. The police outright qualify, literally and in the plainest language posdible, that they are looking for the [B]illegal[/B] versions of prostitution. [/QUOTE]But wait, wait, if there are [B]illegal[/B] versions of prostitution how can prostitution be legal in Thailand?
[QUOTE=EihTooms;3086602]Your May 2018 linked report about a sex party cited NO case of anyone there being arrested or fined for the [b]non criminal version of prostitution[/b] even after the police sting came up with evidence of sex in exchange for money being offered to them.[/QUOTE]So according to you there is both legal and [B]illegal[/B] prostitution in Thailand. If that is the case how can the following assertion be wrong?
[QUOTE]In the history of ISG no one has ever produced a legal opinion from a member of the the bar that says: [i]Prostitution is legal in Thailand[/i][/QUOTE]
[QUOTE=EihTooms;3086602]All of those prostitution-related behaviors are specifically cited in plain language in the Code and / or the Act as crimes punishable by fine and / or imprisonment.[/QUOTE]Once again proving there is [B]illegal[/B] prostitution in Thailand. No where in the law is the term [I]prostitution-related behaviors[/I] used. That term has been made up by EihTooms to bolster his argument that [B]prostitution is legal in Thailand[/B].
[QUOTE=EihTooms;3086602]As far as your misunderstanding of what constitutes a "prostitution establishment" [/QUOTE][URL]https://mekongmigration.org/labourlaw/images/labourlaw/pdf/thailand/49%20Prostitution%20Prevention%20and%20Suppression%20Act%201996.pdf[/URL]
[QUOTE]Prostitution Establishment means the place or premises [u]arranged for prostitution or allowed for prostitution[/u], and [u]shall include the place used for making contact[/u] or procuring another person for prostitution;[/QUOTE]No misunderstanding: [B]allowed for prostitution, place used for making contact for prostitution[/B] Read the definition in the law for yourselves my fellow [B]International Tricks[/B]. It needs no interpretation. The term can include [B]go-go bars, massage parlors, karaoke venues, and brothels, Bars[/B] where sex work occurs, even if the business is ostensibly licensed under the [B]Entertainment Places Act.[/B].
[U]Law for weed shops is a different statute all together.[/U]
[B]The Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542 (1999)[/B] governs the flower, while the [B]Narcotics Code B.E. 2522 (1979) regulates high-THC extracts[/B].
[U]Defamation is a completely different statue also[/U]
Thailand's defamation laws are primarily codified in Sections 326 to 333 of the Thai Criminal Code, which classify defamation as a criminal offense.
[B]Period. Full Stop. [/B]
[U]It should be noted[/U]
I think the law is written in such a way to give the [I]controlling legal authorities[/I] quite a bit of discretion when it comes to [U]street enforcement[/U] (selective). No one has ever presented in this forum with charging papers. So all knowledge about the legal process is second hand and is a interpretation of an interpretation in published news articles.
[U]The Cmdr's Take[/U]
The 1996 Act makes prostitution illegal in Thailand, but what it actually criminalizes is a narrow set of activities. Private, consensual sex work between adults is not a criminal offense under the Act, and there is no general offense of buying or selling sex between consenting adults. The law's practical effect is to regulate the infrastructure of the sex industry rather than to prohibit the act itself and even that enforcement is selective.
The Act and Code tells us what they mean by Prostitution
[QUOTE=SubCmdr;3086768][URL]https://mekongmigration.org/labourlaw/images/labourlaw/pdf/thailand/49%20Prostitution%20Prevention%20and%20Suppression%20Act%201996.pdf[/URL]
In the history of ISG no one has ever produced a legal opinion from a member of the the bar that says: [I]Prostitution is legal in Thailand[/I].
[B]EihTooms[/B] is hanging his entire agreement on: [B]in a promiscuous manner[/B] while leaving out the following vital legal facts:
The Thai legal system does not provide a clear definition of the phrase [B]in a promiscuous manner[/B] within the Prevention and Suppression of Prostitution Act of 1996. The Act defines prostitution as sexual acts performed to gratify another person's desires in a "promiscuous manner" in return for money or benefit. Legal sources explicitly state that [I]no clear definition[/I] of "promiscuous manner" is provided in the statute. Similarly, the phrase [I]"open and shameless manner"[/I] used regarding solicitation is also not clearly defined. Consequently, the interpretation of these terms relies on judicial discretion and the specific circumstances of each case, such as whether the acts are causing a public nuisance or occurring in established prostitution establishments.
[B]EihTooms[/B] is welcome to correct me on this.
But wait, wait, if there are [B]illegal[/B] versions of prostitution how can prostitution be legal in Thailand?
So according to you there is both legal and [B]illegal[/B] prostitution in Thailand. If that is the case how can the following assertion be wrong?
Once again proving there is [B]illegal[/B] prostitution in Thailand. No where in the law is the term [I]prostitution-related behaviors[/I] used. That term has been made up by EihTooms to bolster his argument that [B]prostitution is legal in Thailand[/B].
[URL]https://mekongmigration.org/labourlaw/images/labourlaw/pdf/thailand/49%20Prostitution%20Prevention%20and%20Suppression%20Act%201996.pdf[/URL]
No misunderstanding: [B]allowed for prostitution, place used for making contact for prostitution[/B] Read the definition in the law for yourselves my fellow [B]International Tricks[/B]. It needs no interpretation. The term can include [B]go-go bars, massage parlors, karaoke venues, and brothels, Bars[/B] where sex work occurs, even if the business is ostensibly licensed under the [B]Entertainment Places Act.[/B].
[U]Law for weed shops is a different statute all together.[/U]
[B]The Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542 (1999)[/B] governs the flower, while the [B]Narcotics Code B.E. 2522 (1979) regulates high-THC extracts[/B].
[U]Defamation is a completely different statue also[/U]
Thailand's defamation laws are primarily codified in Sections 326 to 333 of the Thai Criminal Code, which classify defamation as a criminal offense.
[B]Period. Full Stop. [/B]
[U]It should be noted[/U]
I think the law is written in such a way to give the [I]controlling legal authorities[/I] quite a bit of discretion when it comes to [U]street enforcement[/U] (selective). No one has ever presented in this forum with charging papers. So all knowledge about the legal process is second hand and is a interpretation of an interpretation in published news articles.
[U]The Cmdr's Take[/U]
The 1996 Act makes prostitution illegal in Thailand, but what it actually criminalizes is a narrow set of activities. Private, consensual sex work between adults is not a criminal offense under the Act, and there is no general offense of buying or selling sex between consenting adults. The law's practical effect is to regulate the infrastructure of the sex industry rather than to prohibit the act itself and even that enforcement is selective.[/QUOTE]You know why these and other documents provide definitions of the terms they are going to use over and over again in the texts, right? Well, just in case, here is the reason, so they don't have to clumsily repeat the qualifiers "in a promiscuous manner", "openly and shamelessly in a public place causing a nuisance to the public" and so on over and over and over again every time they include the word "Prostitution" in a sentence in order to continually remind us what THEY mean when they mention the word Prostitution or Solicitation or regarding an Establishment where THEIR definition of Prostitution is offered or allowed.
If they had ever meant it to be the mere act of consenting adults agreeing to exchange sex for money, money for sex ANYWHERE or then fulfilling that agreement ANYWHERE in private, they would have said so in their definitions of those terms with no qualifiers at all.
But they didn't.
And neither did that attorney in Thailand whose text and video explanation of the Thai law on the subject you posted previously and suggested everyone read and watch. He too judiciously included the qualifier "in a promiscuous manner" for the topic.
That qualifier for the Act's definition for what THEY mean when they say Prostitution follows through into all of the Sections including the concept of a "Prostitution Establishment".
A shop on Sukhumvit Road or Asoke where weed is advertised and sold commercially to anyone and everyone who walks in the door with the proper prescription in a promiscuous manner and regardless how the sales clerk personally feels about it or personally thinks of the customer would be a "weed selling establishment". The same principle would apply but without a prescription required to the various "hamburger establishments", "t-shirt establishments" or "smartphone establishments" in the neighborhood.
According to the plain language definition of Prositution in the Act, owning, operating, managing, working in or patronizing a venue that offers or allows the commercial sale of sex in a promiscuous manner or hawks it openly and shamelessly in a public place as one can sell or buy weed, hamburgers or smartphones in shops regardless how the sales staff personally feel about it or about the customer is illegal.
If you encounter an easily publicly observable venue in Thailand that openly and shamelessly advertises and sells sex for money as promicuously as McDs advertizes and sells hamburgers to anyone and everyone who walks through their door you probabily should avoid arrest and penalty by declining to enter and patronizing the place. I have never encountered such a venue in Thailand.
However, I have encountered many venues in Thailand where people gather and customers enter to buy a drink or food, watch young ladies dance on stage, get a massage, etc and even where those offerings are overtly advertised by signage and the staff hawking them out front.
And whatever happens between consenting adults inside or outside those venues that does not conform to the Code and Act's plain language definition of Prostitution is of zero interest or concern to the police and justice department.
Thai law has no opinion, Citation or Section addressing what consenting adults discreetly agree to do of a sexual nature and fulfill in private quarters, money involved or no money involved.
My take and so far the take of every known police and media news report of an arrest "for Prostitution" in Thailand is the Prevention and Suppression of Prostitution Act of 1996 makes THEIR definition of Prostitution illegal, it is THEIR definition of it that the media news reports are referring to, the definition as stated in its definition of terms, "in a promiscuous manner" and not what anyone else in the world thinks the definition of it is and Thai law has no opinion nor applies any citation or Section to the personal, non promiscuous agreement between or among consenting adults to exchange sex for money or money for sex and / or to fulfill that agreement in private quarters.
Rants, Stupid Shit and Coronavirus in Thailand is a good thread!
[QUOTE=LittleBigMan;3086780] If you don't like something as noted use the ignore or just don't respond personally I always felt using Ignore is for cowards.[/QUOTE]Agreed! I would also add that I think the [I]ignore[/I] it is for the weak minded among us. I do same same you. I don't have anyone on ignore. Besides, if you don't log in the ignore function does not work. And if someone is quoted that you have on ignore you still see it. It makes me laugh at the people that announce they have someone on ignore but they file no trip reports.
[B]ROTFLMAO![/B]
I am not sure why others are always trying to shut down input to the site. Everyone is welcome to do what they like. But they should not be trying to cut off information to others. Besides, this is a popular thread here in Thailand. Does ISG a lot of good. Or else The Administrator would not allow it.
The mission is to hold until relieved.
[QUOTE=EverythingThai;3086909]Wow after all this time, you are still on the same rant about prostitution be legal in Thailand. Thought you would have given up by now. Anyways, good to see you are still alive and kicking Tooms.[/QUOTE]Yep Don Eih Quixote still jousting at Windmills.
[QUOTE]It is not the responsibility of knights errant to discover whether the afflicted, the enchained and the oppressed whom they encounter on the road are reduced to these circumstances and suffer this distress for their vices, or for their virtues: the knight's sole responsibility is to succour them as people in need, having eyes only for their sufferings, not for their misdeeds. -[b]Don Quixote[/b][/QUOTE]Welcome back my brother!
Your rants about it live on and on as well
[QUOTE=EverythingThai;3086909]Wow after all this time, you are still on the same rant about prostitution be legal in Thailand. Thought you would have given up by now. Anyways, good to see you are still alive and kicking Tooms.[/QUOTE]I don't know if you noticed but the facts had to be revived more than ever recently thanks in part to a poster quoting your old arguments about it. LOL.
As soon as the Thai Penal Code and the Prevention and Suppression of Prostitution Act authors change their definition of the version of Prostitution they deem to be illegal and no other version of it and the police start arresting sex workers and customers for discreetly agreeing to the mere exchange of sex for money or money for sex and fulfilling that agreement in private quarters in a non promiscuous manner and not openly and shamelessly in a public place causing a nuisance to the public, I will then stop doing my part to point out on this ISG Forum that no one needs to worry as regards criminal implications about being a fugitive of justice on the run from the law by offering and providing sex for money or offering and paying money for sex as a consenting adult in Thailand.
Until then, somebody really ought to point out on ISG the gross error being made when other posters insist what is normally being done regarding P4P in Thailand is illegal when it isn't, a crime when it isn't, subject to arrest and punishment when it isn't, the obvious implication by that false assertion being if one wishes to avoid those problems they should find a different source of income and a different country in which to monger. I don't mind being one of those ISG posters whenever necessary. Why not? It's easy to do since all the facts are on my side of the issue. LOL.
Thanks for the Hi and welcome back to these threads as well!