Section 285 — Aggravated sexual offences by relationship
English translation
If the offence under Section 276, Section 277, Section 277 bis, Section 277 ter, Section 278, Section 279, Section 282, or Section 283 is committed against a descendant by blood, a pupil under one's care, a person under one's control by virtue of official duty, a person under one's guardianship, custody, or curatorship according to law, or a person otherwise under one's authority, the offender shall be liable to a punishment one half heavier than that provided in the respective Section.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 285 is an aggravating provision, not a standalone offence: it raises by one half the penalty of the enumerated sexual offences when the victim stands in a defined relationship of dependence or trust with the offender. The listed relationships are a descendant by blood, a pupil under care, a person under control by virtue of official duty, a person under guardianship, custody, or curatorship, and, as a catch-all, a person otherwise under the offender's authority. The rationale is the abuse of a position of power or trust over the victim. In practice courts apply Section 285 in conjunction with the base offence (for example rape under Section 277), and the catch-all authority category is construed to reach relationships where the victim must show respect and obedience to the offender.
Why this matters in practice
Section 285 can transform the sentencing exposure of an already serious sexual charge, adding one half to the underlying penalty, so where the relationship element is disputed it is a central issue. The catch-all category (a person otherwise under one's authority) is broad and has been read to include situations where the victim owes the offender respect and obedience, so it is not limited to formal legal guardianship. Anyone facing a sexual charge where a family, teaching, custodial, or authority relationship is alleged should get precise advice on how Section 285 changes the minimum and maximum sentence; consider an online consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 5524/2567 (2024)
A victim who must show respect and obedience to the offender is a person otherwise under the offender's authority within Section 285, so the offender receives the heavier penalty.
The Supreme Court held that because the injured person had to respect and obey the defendant, the injured person was under the defendant's authority within the meaning of Section 285; the defendant's attempted rape therefore attracted the increased penalty.
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Supreme Court Judgment No. 715/2567 (2024)
Where rape and an indecent act are committed against the offender's own descendant by blood, Section 285 applies to raise the penalty by one half.
The defendant pleaded guilty and was convicted under Sections 277 and 279 in conjunction with Section 285, the victim being a descendant by blood; the Supreme Court declined to review the defendant's grounds as barred factual issues.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How much does Section 285 increase the penalty?
It increases the penalty of the listed sexual offence by one half of what is provided in that section, because the victim stands in a relationship of trust or authority with the offender.
Who is a person otherwise under one's authority under Section 285?
It is a catch-all category read to cover relationships where the victim must show respect and obedience to the offender, beyond formal legal guardianship or custody.