The Supreme Court reversed the previous ruling and sentenced Thirawat, a People's Party MP candidate, to four years in prison for drugging and raping a woman. Due to mitigating evidence, the sentence was reduced to 2 years and 8 months, and he was ordered to pay 200,000 baht in damages.
On 19 Feb, reporters reported that on 18 Feb, at Maha Sarakham Provincial Court in Waeng Nang Subdistrict, the Supreme Court read its verdict in the case where the Maha Sarakham Provincial Prosecutor filed charges against Mr. Thirawat Panna, People's Party MP candidate for Maha Sarakham District 1, on charges of rape.
The prosecution alleged that on 18 Jan 2020, the defendant raped the victim, who was not his wife, by force while the victim was in a drowsy state and unable to help herself due to drugs given by the defendant. The defendant administered the drugs until he achieved sexual satisfaction while the victim was unable to resist. The incident occurred in an unspecified subdistrict and district in Vientiane Capital Province, Lao People's Democratic Republic.
On 19 Jan 2020, the victim handed over 8 pills and 2 capsules of unknown drugs—which were used or possessed by the defendant in the crime—to officials to be held as evidence. Since the crime occurred outside the Kingdom, the Attorney General assigned the Khewa Yai Police Station investigator to handle the case and requested punishment according to the law.
The victim, as a co-plaintiff, filed a petition demanding the defendant pay damages for medical expenses and travel costs for treatment of 50,000 baht, travel costs returning to her hometown of 2,000 baht, loss of virginity valued at 300,000 baht, lost income of 27,000 baht, and physical and psychological suffering of 300,000 baht, totaling 697,000 baht plus 5 percent annual interest from 18 Jan 2020 until fully paid to the co-plaintiff.
The trial court considered the case and acquitted the defendant, dismissing the co-plaintiff's claim for damages. The co-plaintiff appealed, and the Fourth Region Appeals Court upheld the acquittal. The co-plaintiff then filed a cassation appeal.
The Supreme Court reviewed the case file and evidence and found that although the victim's examination at Maha Sarakham Hospital did not find evidence of sexual intercourse, this might be because the examination occurred several hours after the incident. The victim did not resist due to being drowsy, weak, and unconscious, unable to help herself. The victim affirmed she did not consent to the defendant's act. Considering all evidence from the prosecution and co-plaintiff, the court found the evidence credible beyond doubt that the defendant committed the offense as charged. The co-plaintiff's cassation appeal was accepted.
The next issue was whether the defendant must pay damages to the co-plaintiff. The court found the co-plaintiff suffered harm and should receive compensation for medical expenses, travel costs to and from treatment, lost income, and mental and physical suffering. The victim’s reputation was tarnished permanently, causing emotional harm and disrupting her education, hopes, and dreams. Her parents also suffered shame and required time for physical and psychological recovery. Therefore, the court deemed it appropriate to set damages reflecting the severity of the violation at 200,000 baht plus 5 percent annual interest from the date of the offense.
The Supreme Court reversed the lower courts’ rulings, finding the defendant guilty under the Criminal Code, sentencing him to four years in prison. Due to mitigating circumstances presented by the defendant, the sentence was reduced by one-third to 2 years and 8 months. All seized drugs were confiscated, and the defendant was ordered to pay 200,000 baht in damages with 5 percent annual interest from 18 Jan 2020 until full payment to the co-plaintiff.