Paper Title
A Comparative Study of Statutes of Limitations on Sexual Offenses Against Minors under Thai and German Criminal Law
Abstract
Under Thai law, the statute of limitations for sexual offenses against minors begins from the time the offense is committed. This often results in cases where, by the time the minor reaches the age of majority, they can no longer file charges because the statute of limitations has already expired. In contrast, German law calculates the statute of limitations differently; it begins only when the min reaches the age of majority, ensuring greater protection of their right to seek legal justice. Hence, this article has an objective to highlight the challenges posed by the Thai approach to calculating the statute of limitations for sexual offenses against minors. It also seeks to explore the legal frameworks and enforcement practices of German law concerning the same issue, to propose reforms to Thai law to better protect the rights of minor victims in pursuing legal action. The research adopts a document-based methodology, examining Thai criminal law provisions on the statute of limitations for sexual offenses against minors and comparing them with the corresponding legal frameworks in German criminal law. Sources include legal texts, regulations, academic books, research articles, theses, independent studies, and relevant websites. The findings reveal that German criminal law provides that, in cases of sexual offenses against minors with ages below 14, the statute of limitations is suspended and only starts running when the minor reaches the age of majority (18 years). This approach ensures that minors have greater psychological readiness and legal understanding to make informed decisions about pursuing legal action. Therefore, the article recommends that Thai law on the statute of limitations for sexual offenses against minors be revised to align with the German approach. This reform would enhance the protection of minors' rights to access the justice system and bring Thai law in line with international standards.
Keywords - Sexual Offenses, Statutes of Limitations, Minors