Section 276 — Rape by coercion
English translation
Whoever has sexual intercourse with another person by threatening in any manner, by using force, by the other person being in a state of being unable to resist, or by causing the other person to mistakenly believe that the offender is another person, shall be liable to imprisonment from four to twenty years and a fine from eighty thousand to four hundred thousand baht.
If the offence under paragraph one is committed by carrying or using a firearm or explosive, or by joint commission with others in the manner of a gang-rape of a woman or a similar act against a man, the offender shall be liable to imprisonment from fifteen to twenty years and a fine from three hundred thousand to four hundred thousand baht, or imprisonment for life.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 276 is the core rape offence in the Title on Offences Relating to Sexuality and is now gender-neutral, protecting any person rather than only a woman. Its elements are sexual intercourse (as defined in Section 277/4) plus one of the listed means of overcoming will: threat, force, exploitation of an inability to resist, or impersonation. Paragraph two is the aggravated form, triggered by use of a firearm or explosive or by gang commission, and it raises the floor sharply and adds life imprisonment as an option. This section anchors a cluster of related provisions: Section 277 (child victims), Sections 277/1 and 277/2 (results of grievous harm or death), Section 281 (compoundability of the basic form), and Section 285 (aggravation for offenders in a position of trust).
Why this matters in practice
Penalty exposure under this section is severe, starting at a four-year minimum and reaching life imprisonment for the aggravated form, and the aggravating facts of a weapon or joint commission must be proven to lift the case into paragraph two. The basic offence under paragraph one is compoundable only in the narrow circumstances set out in Section 281 (not in public, no grievous harm or death); the aggravated form is not compoundable. Consent is a defence to the basic offence but never where the victim is a child under Section 277. Anyone facing or reporting an offence under this section should get advice on evidence and charge selection and may wish to understand what to expect before going to court in Thailand.
Frequently asked questions
Is rape under Section 276 a compoundable offence in Thailand?
Only the basic offence under paragraph one can be compounded, and only in the narrow circumstances in Section 281 (not committed in public and no grievous harm or death). The aggravated form under paragraph two cannot be compounded.
Does Section 276 protect male victims?
Yes. The section is gender-neutral and protects any person, and the aggravated gang-rape provision expressly covers a similar act committed against a man.
What raises rape to the aggravated penalty under paragraph two?
Carrying or using a firearm or explosive, or committing the act jointly with others in the manner of a gang-rape, raises the penalty to fifteen to twenty years, a higher fine, or life imprisonment.