Section 284/2: Sexual harassment by a person in a position of power

Firm annotation

Section 284/2 is not a free-standing offence. It is the aggravated form of the sexual harassment offence in Section 284/1, and it applies where that offence is committed by taking advantage of the offender's power over the person affected, arising from a relationship as a superior, an employer, or a person otherwise in a position of power. The power must be the means relied on rather than a background fact, so the words “by taking advantage of” carry the weight of the section. Section 284/1 is itself residual, applying only where the act does not amount to an indecent act under Section 278 or Section 279. The penalty here is up to three years, or a fine of up to 60,000 baht, or both. That replaces the Section 284/1 penalty rather than adding a fraction to it, and it places harassment by a superior or employer at the same level as harassment committed in a public place, in the presence of others, or in a computer system accessible to the general public under Section 284/1 paragraph three, above the one-year base tier and the two-year tier for repeated conduct. One consequence is easily missed: Section 284/1 paragraph five makes only paragraphs one, two and three of that section compoundable, so an offence under Section 284/2 is not compoundable and cannot be disposed of by settlement between the parties.