1

Introduction
To start with, around the world today globally, there is always a human rights dilemma of

sexual abuse of innumerable of women, children, and thousands of men in prostitution and
other forms of sexual misdeed. There are regions of the world where prostitution has gone
from being almost non-existent to a hundred million dollar moneymaking industry. Cant be
denied prostitution and trafficking begin with the demand for victims to be used in
prostitution. It was all happening when men go and search of sex services that can be
acquired easily. In the countries where prostitution activities are let to be illegal, it begins
when panderer place orders with their criminal connection for women and children. In places
where buying sex acts is popular and cost-effective, hustlers cannot fill up the bordello as
they are in short of local women to be recruited, thus they need to import in of victims from
other countries. 1We going to discuss deep on the origin where the starting point of
prostitution activities in Thailand, the factors effecting prostitution activities in Thailand, the
status of legal matter of prostitution in Thailand, the laws that regulating prostitution
activities and many more.
1.2 Origin of Prostitution activities in Thailand
Unquestionably, prostitutes play a large part in establishing the sexual identity of
young Thai males.

In Thailand, prostitution was cited during King Rama I's ruling years.

There was taxation of prostitutes and for brothels called as tax for the road. The minute the
1 Rahab International, 'Sex Tourism In Thailand' (Google.com e.g. 2005)
<http://www.wouk.org/rahab_international/pdf_files/Prostitution%20in
%20Thailand.pdf> accessed 5 August 2013
2 Donna M. Hughes , 'Prostitution: Causes and Solutions' (Google.com 2004)
<http://www.uri.edu/artsci/wms/hughes/prostitution_spain_july04.pdf> accessed
8 August 2013
1

King put an end to slavery, some female worker being turned to the men which is the
panderer. Prostitution then was set to be officially permitted in 1934 by the king Rama. The
king voiced out that he is uneasy and concern for the prostitutes worker who worked under a
group of cliques of men as to be their bosses and managers. This is because this can lead to a
situation of a violence and dangerousness toward the worker and also might spread illness to
others. As resultant of these intimidations, the king gave his consent as for the prostitutes
worker to enrol their presence to get time to time medical check of themselves. As Thailand
had stayed under this act until 1960, until the United Nations had declared the abolition
towards prostitution. The Thai government responded the UN policy by enacting The Act to
Deter Prostitution, as to replace the 1934 law earlier. In this new act, no one is allowed to be
involve at any means in in the sex trade, whether for the group belongs to heterosexual nor
homosexual in any sense. A person who lapsed the law will be fine a maximum of 2000 baht
(about RM 163.87) or being put in prison for two months maximum. By referring to this act,
the prostitution activity has become illegal, which is to say, from the lawful point of view,
there are supposedly no more prostitute activities. The Government quotes fruitful economic
growth from the rapid raised into the countrys national income, and this proof that the
revenue from prostitution field is included. Thai prostitutes that being employed out of the
country, estimated to bring approximately 1.2 million dollar every year as recorded.
Next, in the form of negative social principles that degrade women also contribute to
our main issue how prostitutes happen in Thailand. To look upon on the other aspect, is the
emphasizing in Thai society on the value of virginity, which is to be well-looked-after for
one's husband. Eventually this overemphasized of principle has backfired. Referring to rape
cases, as for example, young girls reason out that once they have lost their virginity, they
have no longer having the womanist value, and so they be certain of the only option left for
them is to become a prostitute.
2

In other perspective, other girls become prostitutes with way of out of a sense of duty
or as an obligation to their parents, as to equally stake the family's economic burden. Once
the family is in prodigious debt which might result from failure in their agricultural
production or even simply resultant from the father's having losses through gambling, the
eldest daughters are probed to be at disadvantage themselves for their parents and their
younger siblings sake. In the case where a father sells and re-sells his daughter to be in the
prostitutes field to buy more cows for farming purposes. This is done in the faith the child of
them must show their appreciation and thankfulness for parents.
3

2.3 From Economic Approach

From the Thailand economic aspect, Ill detailed out the factors regarding prostitution

and sex trafficking. It just doesnt make any sense when we talk about one issue without the
other one. It is indistinguishably linked and related. The immense economical boundary of
the Thai economy, having such from the super-rich elite as to those disadvantaged rice
farmers of Thailands region, has contributes significantly to the upsurge in child prostitution.
The inequity in wealth and the in-built disadvantages that causes such as poor healthcare,
education and quality of life to many families, particularly in Thailands rural north and
north-eastern regions, as to look for their children to provide a source of income. Since the
days of the Vietnam War happened which gave huge impact, the prostitution business has
boomed in the nation and has been permissible to do so mainly because of the revenue
generated by the institutions and from visiting foreign tourists in and out the country.
Mostly for the children that once involved in this industry, is well-ordered and
managed by an agent. Children are often bought or traded between agents or businesses to
keep the clientele sourced with variety. Apart from the local Thai children, other agents in
3 Raymond, Janice. Ten Reasons for Not Legalizing Prostitution, Coalition
Against Trafficking in Women International, March 25, 2003.
3

Pattaya have initiated in purchasing children from neighbouring countries, such as Cambodia
and Laos. The Sex Trade can be said commonly the same as any other trade. It is all about
supply and demand. For the past few periods, Bangkok has been well-known worldwide as
the international hub where those who looking for cheap, obtainable sex can find the source
of supply. Prostitution offers a way for people of low education to make a high salary.
4

For the country as a whole, tourism is the foremost earner of foreign interchange and

is vital to Thailands economy. In December of 2003, the sex trade was testified to be a $4.3
billion- per-year industry. As we all clear about, the field of prostitution in Thailand has been
illegal for over than thirty years, but remorsefully the existing laws are poorly obligated. The
Anti-Prostitution Law of 1960 made the consumers and prostitutes subject to a fine or jail
sentence, but however did not execute a penalty on customers. Moreover, the 1996
Prostitution Prevention and Suppression Act re-oriented Thai law from accentuating penalty
of prostitutes towards gruelling pimps, consumers, brothel owners, and certain customers.
The Thai law executed harsher penalties in clients found using any violation on girls under 18
(and rises more noticeably for girls under age 15) and also make known to penalties for
parents who sold their children to the sex trade. But eventually sadly to say, this regulation is
poorly being enforced properly. The Thai police and public officials are regularly tangled
with mafia who run drug and sex trafficking actions. The institution owners pay consistent
protection fees to the police.
What can be conclude on the issue of Thai society is that, education is the key to
transform, however proper administration, organisation and management of the situation is
compulsory to support a systemic undertaking action in preventing the risen of such a

4 Anderson, David. Churches work to break link between tourism and

prostitution. The Bangkok Post, July 14, 1990.
4

dreadful industry, while leading to the connected involvement of other criminals to occur in
the society.
2.4 Cases On Prostitution Issue In Thailand

The first case acquired prostitution case can be seen on the case of:
5

AZ (Trafficked women) Thailand CG [2010] UKUT 118 ( IAC)

This case found out that past victims of trafficking are gifted of being members of a

particular social group. In this case interestingly, we can look at the identifying features of a
social group of trafficked women. By reminisced that to fall within the safeguard of the
convention the persecution the reason must be by membership of a particular social group
and it is not the persecution which makes the social group. Nonetheless membership of social
group is found to be an unchallengeable characteristic that can be at once self-determining of
and the cause of future exploitation.

In this specific social group it is the collective

background that leads to the characteristics that cannot be altered.

It is the mutual

background of being trafficked in that specific society which is important. The group occurs
independently of any impending fear of persecution of past sufferers of trafficking or sexual
manipulation; whether they may be at risk for that reason in the future should that take in
account, because the group shares an essential characteristic which they cannot make
adjustment in any way. Thus, they need to have a distinctive identity inside the adjoining
society. Anyhow, this cannot be look as an element of general discrimination against that

5 AZ (Trafficked women) Thailand CG [2010] UKUT 118 ( IAC) [2010] (Taylor

House)
6 , 'Prostitution In Thailand' (Google.com 2011)
<http://www.wouk.org/rahab_international/pdf_files/Prostitution%20in
%20Thailand.pdf> accessed 8 August 2013
5

group is unnecessary. Discernment in this context is only vital in studying the connection
between the fear and the persecution, possibly where discrimination is a component of
distinction action and failure of state protection. There are definitely cases where general
perception is practised against a social group and if that discrimination causes of serious
harm, Refugee Status should tracked down. Here a but for test is implemented: but for the
woman existence as the former victim of trafficking or sexual manipulation would she be at
jeopardy now. But for her different identity in the society in question she was at yet to
come risk in this case of re-trafficking. She would be at threat of re-trafficking if she was
recognized as of that specific social group.
The decision of this case which conclude that trafficked women established a particular social
group and set out the relevant factors that may support in determining the risk of such women
if returned to Thailand.
7

Australian dad charged over his sons holiday sex in Thailand.

Facts of the case: A man in Brisbane was dragged into the court under his offence to

allow 13 years old son to stopover to a wrong place which is towards the prostitutes
throughout their holiday ones to Thailand and this is the first case of its kind. The offences
apparently take place at the Thai resort which belongs to Ko Samui be named. The charges,
carries the penalties of up to 20 years in jail, is somehow related to the Australian laws
designed as to stop Australian paedophiles rapacious on foreign children. The charges assert
that the father affected his son which is under aged to participate in a such offence regarding
the act of having a sexual intercourse out of the country their nationality of Australia and this
the father was blamed for the child to participate in such activities of sexual offensively. He
7 Bernama, 'Aussie dad charged over sons holiday sex in Thailand' (Google.com
2013) <http://www.thestar.com.my/News/Nation/2013/04/04/Aussie-dadcharged-over-sons-holiday-sex-in-Thailand.aspx> accessed 6 August 2013
6

was then also charged with hitting his son on Brisbane's bay in Australia in February last
year.
More cases went up the news is when a 8Thai woman were put in jailed for Swiss prostitution
ring
Facts of case: Swiss court Friday had sentenced a Thai woman for six and a half years behind
bars as for her role in executing an offence of forcing prostitution ring, in one of
Switzerland's largest ever human trafficking cases. In this case, most of the victims was found
out coming from poverty states in Thailand and most of them knew that they would work as
prostitutes in Switzerland. Even so, the massive profitable revenue of the network charged to
get them into the country and to work in its brothels basically forced them to become sex
slaves anyhow. The Bern court highlighted out on Friday that the ringleader had collected in
nearly 1.8 million Swiss francs in less than four years.
2.5 - Conclusion
As a conclusion I believe that, only by taking an action to the root of this problem
which causing the phenomena of prostitution activities and not to forget human trafficking,
nevertheless being the main factors that make up the demand at the first, will we eventually
put a stop to the sexual exploitation activities and in any case of abuse towards women or
children which is sinless and helpless with the action of prostitution and trafficking. We need
to urge the governments especially to seriously look upon this matter and not to forget the
parties of NGOs to be also be in the team to resolve this critical issue. To add on, the
religious communities of Thai also can intervene into the matter to focus on reducing the
requests and demand from the people toward prostitutes services. All this mechanisms or
8 Agence France-Presse, 'Thai woman jailed for Swiss prostitution ring ' (e.g.
Legallaw.com 2013) <http://www.globalpost.com/dispatch/news/afp/130322/thaiwoman-jailed-swiss-prostitution-ring> accessed 6 August 2013
7

components that lead to the arisen for the demand need to be penalized. Such as the purchaser
of the sexual services, the parasite exploiters body and other active bodies regulating this
kind of business, the traffickers and the pimps who is profited undertaking by selling women
or children for these services, the countries or bodies that in charge in funding misleading
messages and act as panderer, and the culture that it started about the nature of prostitution
should put at a stop. So, it seems that to soothe the Western critics trying to impose their
moralities on Thailand, the Thai government can announce Prostitution is illegal in
Thailand. 9Yet the written law existence (even if enforced) just as to safeguard the activities
that convey in so many billions of baht to the economy which backings so many families,
women and children, and does little to revolve the sexual traditional morals of Thailand. We
could momentously diminish the counts of participated victims, if the demand towards these
prostitutes were put at a stop or being penalized. If there were no men requesting, pursuing
and seeking to buy sex acts, no women, children and girl would be bought and be sold at the
first place. If there were 10no brothels in the offing for victims, no victims would be hired,
enrolled or even being recruited. If there were in any way no state of profiting towards the
sexual activities, or either no regulation for this act nor principle that facilitated the
movement of these poor women to be participating the field will surely lower this spreading
of sexual offences activities midpoints. If there were no false rumours and persuasion through
this field, for sure there would be no women could misled and deceived into thinking of
prostitution working is a glamorous or genuine job to be in.

9 The Penal Code Amendment Act (No. 14) B.E 2540 1997 s 282
10 Dave in Pheonix, 'LEGAL STATUS OF PROSTITUTION - The Creative Law to bow
to Outside Pressure Yet Preserve Traditions and Economic Advantages to Families'
(Google.com 1999) <http://www.sexwork.com/Thailand/legal.html> accessed 4
August 2013
8

Chapter 3: Prostitution in Japan

3.1: Historical Approaches11

11 Declan Hayes, The Japanese Disease: Sex and Sleaze in Modern Japan (1st,
iUniverse, United States of America 2005)
10

In Japan, the prostitution has existed through the countrys history. The prostitution in Japan
was entirely legal until 1617. However, Tokugawa Shogunate has issued an order about
restricting prostitution to certain areas in that year. Yujo (women of pleasure) were licensed
and they were ranked according to an elaborate hierarchy, with oiran (courtesans) at the
higher rank and prostitution girls (essentially slaves) are at the lower rank. These were not
implemented for the moralistic reasons, but rather to enforce taxation and keep out
undesirables. Next, in the early 18th century they were replacing by a new society of
courtesans which is known as the geisha. However, geisha were legally differentiate from
prostitutes and prohibited to trade sex at all to the public. While, in the 19 th century, Japan
was opened to Western influence and began to follow more western notions of controlling
over the prostitutes matter and passed new laws which made them harder to do business
relating the prostitution. Then, the Japanese government enacted a series of initiative
throughout the 10s and 20s to bring expatriate Japanese prostitutes home by the 1910s.
Following by that, the Japanese government was decided to open military brothels staffed
with Japanese prostitutes as they had discovered that it will have a tendency for a sexually
frustrated soldiers who far from home to rape a local women. Later on, the act of recruiting
women as prostitutes was amended illegal in 1947l. Finally, for the very first time in 1956 the
Japanese government legally banned prostitution.12 In this situation, the definition of
prostitution was made only as vaginal intercourse for pay. Every other kind of commercial
sex (oral and anal sex) is completely legal in Japan.13 These laws still remain until now.3.2:
Determination Of Crimes Related To Prostitution And Relevant Laws
12 Maggie McNeill, 'Japanese Prostitution' (The Honest Courtesean 2010)
<http://maggiemcneill.wordpress.com/2010/10/21/japanese-prostitution/>
accessed June 2013
13 sexualjapan.com, 'prostitution in Japan' (sex in Japan 2002)
<http://sexualjapan.com/> accessed June 2013

11

In Japan, their government has provided several applicable laws for crimes that are related to
prostitutions. These laws are the Anti-Prostitution Law, the Penal Code, the Child Welfare
Law and the prefectural Youth Protection Ordinances, and all this penal provisions have been
suitably implemented. However the main laws related to the prostitution in Japan is the AntiProstitution Law of 1956, it stated that no person may either do prostitution or become
customer of it14. The ambiguity of the law, liberal interpretations of the law and loose
enforcement have allowed the sex industries in Japan grow. In all crimes of prostitution
represent a substantial portion. Therefore, providing a prostitute upon request made by
customer is the most well-known form of prostitution in Japan. Moreover, it can be said that
the prostitutions business is a source of income for organized group of criminal. Then, by
April 1998, The Law Regulating Adult Entertainment Businesses was partly amended. This
law is to prevent the prostitution offence in entertainment business.
3.3: Prostitution By Non-Japanese Women
There also situation where non-Japanese women involved in criminal offenses relating to the
prostitution activities in Japan. There usually happen where most of these women have
entered Japan with the status of residence temporary visitor or entertainer. They worked at
adult entertainment business and involved in prostitution under the illegal situation of
overstaying. The ordinance of the Ministry of Justice was partly amended in order to remedy
the situation close to the activities of foreign entertainers. 15 It is to ensure that the
employment of foreign entertainers will be legalize only when if the facilities concerned are
adult entertainment service business and it is considered that the foreign entertainers will not
be involved in accompanying services. As stated in 5. Article 6(1), the Law regulating Adult
14 Anti-Prostitution Law 1956
15 The Ministry of Foreign Affairs of Japan, '5.Article 6' (mofa.go.jp )
<http://www.mofa.go.jp/policy/human/women_rep4/part2_5.html> accessed
12

entertainment Businesses

16

was partly amended to avoid the prostitution by non-Japanese

women.
3.4: Sex Tours To Developing Countries
As stated in Article 13(3) of the Travel Agency Law stipulates that travel agents are
impermissible from getting engaged with the tourist conduct which violets local laws of their
destinations.17 In addition, the government issued a notification to supply that the names of
those travel agents who are obviously involved with immoral acts or activities committed by
Japanese tourists overseas should be revealed in public. Nevertheless, the Japanese
government also clarifies about its position with determination to respond severely in
compliance with the applicable laws and ordinance to the travel agents in case of their
engagement with unsound acts conducted by Japanese tourists overseas.
3.5: Businesses Related To Entertainment Trade On Sex
In 1984, the Entertainment Establishment Control Law which has been replaced by the Law
regulating Adult Entertainment Business was amended. The purpose of this law is to
significantly strengthen regulation over the adult entertainment trade that amount to the
negative influence of society. Then, part of the amendment of the adult entertainment law was
made in April 1998 in consideration of the recent situation with the trend of various forms of
prostitution. While, efforts was made by the Japanese government to conduct a full control by
applying the Anti-Prostitution Law for those illegal sex business that do not fall under the
rules and regulation for adult entertainment businesses.

16 Law regulating Adult entertainment Businesses s 5(Article 6(1))

17 Travel Agency Law s 13(3)
13

3.6: Cases Related To Prostitution In Japan

3.6.1: Case Charged For Violation Of The Anti-Prostitution Act18
The title related to this case is the decision concerning the case where customers did not
know the fact that there was an intermediary for prostitution and whether the crime of acting
as an intermediary as provided in Article 6, paragraph (1) of the Anti-Prostitution Act is
established in such case.19 The summary of the fact of the case is the accused operated a
dating club under the scheme of soliciting customer via online dating sites and sending
prostitutes to them and the accused introduced female employees of the club to customers as
prostitutes. The accused pretended to be female prostitutes when posting messages on online
dating sites to customers. They dispatched female employees directly to customers when they
want to introduced prostitutes to the customers. The accused concealed the presence of
themselves from customers. Therefore, customers did not know that the accused acted as
intermediary in introducing the prostitutes. The crime of acting as intermediary for
prostitution is provided in Article 6, paragraph (1) of the Anti-Prostitution Act is established
as long as the accused acted as an intermediary to arrange prostitution and it is not required
that customers knew that there was an intermediary. Hence the final appeal is dismissed.
3.6.2: Case Involving Violation Of Prostitution Prevention Law20
The decision upon the case concerning the acceptability as evidence of testimony made to
public prosecutor by persons subjected to involuntary deportation and deemed to be
18 Violation Of The Anti-Prostitution Act [2010] Keishu Vol. 65, No. 5 E.G. 280
(Osaka High Court)
19 Anti-Prostitution Act Article 6(1)
20 Violation Of Prostitution Prevention Law [1989] Keishu, Vol. 49, No. 6, At 741
(Osaka High Court)
14

admissible as evidence. The summary of the judgement is if the presentation as evidence of

the testimony in accordance with the first section of Article 321, paragraph 1-2 of the Code of
Criminal Procedure Violets the depositions made to public prosecutor may be inadmissible as
evidence.21 In this case, there is no indication that the public prosecutor intentionally
attempted to take advantage of the fact that the deponents would be involuntarily deported
and unavailable to testify at a future date in the preparatory phase of the trial. The
presentation as evidence of the deposition made by the deponent in the presence of the public
prosecutor does not violate due process. Hence, the deposition is admissible as evidence.
Therefore, as accordance with Article 408 of the Code of Criminal Procedure, the court
unanimously finds that the appeal is dismissed.

21 Code of Criminal Procedure Violets Article 321(1-2)

15