Section 281 — Compoundability of certain sexual offences
English translation
The offence under Section 276 paragraph one and Section 278, if not committed in public and not causing the victim to receive grievous bodily harm or to die, is a compoundable offence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 281 is not an offence but a rule fixing when two specific sexual offences may be compounded, meaning settled between the parties so that prosecution ends. It applies only to the basic rape under Section 276 paragraph one and the indecent act under Section 278, and only when two conditions are both met: the act was not committed in public and it did not cause grievous bodily harm or death. If the act was committed in public, or produced grievous harm or death, it is not compoundable. The provision does not extend to the aggravated forms in Section 276 paragraph two, the child-victim offences in Sections 277 and 279, or the result-aggravated offences, all of which remain non-compoundable public offences.
Why this matters in practice
Whether an offence is compoundable matters greatly to both sides: for a complainant it means a settlement can end the case, and for an accused it opens a path to discontinuance if the injured party agrees. The two conditions are decisive, so if the act was done in public, or caused grievous harm or death, no settlement can stop the prosecution. Note that many related sexual offences, especially those involving children, are never compoundable regardless of settlement. Anyone weighing settlement of a case that may fall under this section should first consult a Thai lawyer to confirm whether the offence actually qualifies.
Frequently asked questions
Which sexual offences can be settled between the parties in Thailand?
Under Section 281, only the basic rape offence under Section 276 paragraph one and the indecent act under Section 278 are compoundable, and only if the act was not committed in public and caused no grievous harm or death.
Are offences against children compoundable under Section 281?
No. Section 281 covers only Section 276 paragraph one and Section 278. The child-victim offences under Sections 277 and 279 are not compoundable.