Section 277/2 — Aggravated rape causing grievous harm or death
English translation
If the offence under Section 276 paragraph two, or Section 277 paragraph three, causes the victim:
(1) to receive grievous bodily harm, the offender shall be liable to imprisonment for life;
(2) to die, the offender shall be liable to the death penalty.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 277/2 is the top result-aggravated tier of the rape offences. It applies where the base offence is already an aggravated form, namely armed or gang rape under Section 276 paragraph two, or armed or gang rape of a child under Section 277 paragraph three, and that offence then produces grievous bodily harm or death. Because both the aggravated base offence and the serious result are required, the penalties are the most severe in the group: fixed life imprisonment for grievous harm and the death penalty for death. This provision parallels Section 277/1, which covers the same results for the non-aggravated base offences, and it relies on the definition of grievous harm in Section 297 and on a proven direct causal link between the offence and the result.
Why this matters in practice
This is the most serious band in the rape provisions, and the penalty for a resulting death is fixed at the death penalty, so the stakes could not be higher. Two things must both be proven: that the base offence was an aggravated form (weapon or gang commission), and that the grievous harm or death was a direct result of it. Causation and the aggravating facts are therefore the decisive issues, and the offence is not compoundable. Given the severity, anyone connected to a case under this section should consult a Thai lawyer without delay.
Frequently asked questions
How is Section 277/2 different from Section 277/1?
Section 277/1 aggravates the basic rape offences by their result, while Section 277/2 applies where the base offence is already an aggravated (armed or gang) rape and carries the harshest penalties, up to the death penalty for a resulting death.
What must the prosecution prove under Section 277/2?
It must prove both that the base offence was an aggravated form of rape and that the grievous harm or death was a direct result of that offence.