Today (3 Aug.), following the case of former MP Ms. Thitsana, also known as "Kaewta," Chunhawan, a former Member of Parliament for the People's Party representing Bangkok, who came forward to raise the issue of being sexually harassed by an MP from the same party and becoming a victim — with the party's executives being aware of the matter yet asking her to keep it secret —
The latest development sees Dr. Nattawut Wongneam, known as "Dr. Nat," a prominent public law scholar, stating that the problem of sexual harassment is a threat that is close to home for every woman in Thai society. Victims do not dare to file a police report or come forward to reveal the truth publicly out of shame and concern over the impact on their lives. He said this constitutes a serious social threat, and that when the perpetrator is an MP in the legislative branch, criminal prosecution must be pursued decisively.
He noted that the Supreme Court's line of precedent rulings has established a standard: matters of a sexual nature are shameful, and when the victim gives testimony in a step-by-step manner, the court believes that the act genuinely occurred.
Regarding the case of former MP Thitsana, also known as Kaewta, Chunhawan, who came forward to reveal the secret that she had been sexually harassed by an MP from the same party, while the party's executives were aware but concealed the facts and failed to act in accordance with the People's Party's regulations — he said this is a matter that society is watching closely, because it has implications for the threat posed to women in society as a whole.
If the matter is true and there is evidence that former MP Thitsana, also known as Kaewta, Chunhawan, was subjected to the act while serving as an MP but did not file a complaint within the statute of limitations — because it is a private offence — the case would be time-barred and a report could not be filed on that charge, unless it involved rape committed in public, which is a public criminal offence, in which case former MP Thitsana, also known as Kaewta, Chunhawan, could file a report within the statute of limitations. However, the charges of deprivation of liberty and unlawful detention and restraint, being a single act constituting multiple offences under the law, are still within the statute of limitations and can be reported.
Dr. Nat said he is ready to provide assistance if requested. The executives of a leading law firm group in the country, under the OMNIX group, of which he is a commercial partner and the highest executive in the organisation, are willing to help members of the public free of charge, at no cost — including Thai citizens who have been sexually harassed or subjected to oppression and abuse of power by state officials. The OMNIX law firm group is glad to assist society. Those who wish to contact them may do so at 081 292 6962.
As for the former MP who committed sexual acts and has continued with the People's Party, one must ask: previously, when an MP in the party sexually harassed a foreign national, the party resolved to expel that person. Yet for the MP who harmed a woman, there was no expulsion. As for the MP who sexually harassed former MP Thitsana, also known as Kaewta, Chunhawan — it is unclear what logic was applied. There is no standard.
Regarding the charges of deprivation of liberty and unlawful detention and restraint, which are still within the statute of limitations — if former MP Thitsana, also known as Kaewta, Chunhawan, wishes to seek assistance, she may make contact, as he is ready to provide legal assistance at no charge.
As for the detail that a female MP's female assistant was also subjected to sexual acts — if she does not dare to reveal her identity, she may make contact, and he is ready to have the legal team step in to assist, because everyone is subject to the law.
Regarding the matter of fundraising through the Facebook platform of a former Election Commission member who has become a defendant — a lengthy chain of it — for use in fighting the case and assisting Mr. Yingcheep of iLaw: he has written to the Director-General of the Department of Provincial Administration, Ministry of Interior, to request an investigation into whether this can lawfully be done, because fundraising requires permission from the registrar and must pass a resolution from the fundraising committee of multiple state agencies before approval can be granted. However, he believes it is unlikely to have received permission from the registrar, as there is a prohibition on fundraising for the purpose of paying fines, and receipts must be issued to donors, with the registrar overseeing the donations.
Even if a semantic workaround is used by describing it as a "litigation fund," and a person employed within a university in the Tha Phra Chan area is used as an instrument through a foundation that has been registered and established for the purpose — such an arrangement cannot lawfully solicit donations from members of the public. It is unlawful. If the Director-General of the Department of Provincial Administration confirms that no permission was granted, charges of public fraud on multiple counts and offences under the Computer Crime Act 2017 will follow in rapid succession. He urges members of the public not to be deceived and not to become victims.
