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Prostitution in Thailand is illegal [8], but in practice it is tolerated and regulated.

Since the Vietnam War, Thailand has gained international notoriety among travelers from many countries as a sex tourism destination.

Position in society and extent of prostitution

Thai society has its own unique set of often contradictory sexual mores. Visiting a prostitute or a paid mistress is a not uncommon though not necessarily acceptable behavior for men. Many Thai women, for example, believe the existence of prostitution actively reduces the incidence of rape.^[1]

Another reason contributing to this issue is that ordinary Thais deem themselves tolerant of other people, especially those whom they perceive as downtrodden. This acceptance has allowed prostitution to flourish without much of the extreme social stigma found in other countries. According to a 1996 study, people in Thailand generally disapprove of prostitution, but the stigma for prostitutes is not lasting or severe, especially since many prostitutes support their parents through their work. Some men do not mind marrying former prostitutes.^[2] A 2009 study of subjective well-being of prostitutes found that among the sex workers surveyed, sex work had become normalized.^[3]

This cultural milieu combined with poverty and the lure of easy money have caused prostitution in general and sex tourism in particular to flourish in Thailand.

Estimates of the number of prostitutes vary widely and are subject to controversy. A 1980 study put the number of prostitutes in Thailand at 500,000 to 700,000. A 2004 estimate by Dr. Nitet Tinnakul from Chulalongkorn University gives a total of 2.8 million sex workers in Thailand, including 2 million women, 20,000 adult males and 800,000 minors under the age of 18.^[4] One estimate published in 2003 placed the trade at US$ 4.3 billion per year or about three percent of the Thai economy.^[5] It has been suggested for example that there may be as many as 10,000 prostitutes on Koh Samui alone, an island resort destination not usually associated with prostitution, and that at least 10% of tourist dollars may be spent on the sex trade.^[6]

Although centers such as Bangkok (Patpong, Nana Plaza, and Soi Cowboy), Pattaya, and Phuket (Patong) are often identified as primary tourist "prostitution" areas, with Hat Yai and other Malaysian border cities catering to Malaysians, prostitution takes place in nearly every major city and province in the country.

Chiang Mai, Koh Samui (Chaweng and Lamai) are also major centers. In Bangkok, many roads have saunas or massage parlors, with some as large and luxurious as four-star or five-star hotels, with comparable amenities, that front for sex. The so-called Ratchadapisek Entertainment District, for example, running along Ratchadapisek Road near the Huay Kwang intersection in Bangkok, features several large entertainment venues which include sexual massage. Even "concerts" or "karaoke" style bars in small provincial towns have their own versions, with scantily dressed women singing Traditional Thai music.

Many sex industry workers in Thailand – certainly those servicing foreigners or "farang" in the sex tourist trade – have origins in the impoverished northern parts of the country, including for example, the Chiang Mai and Isaan regions.^{[citation needed]}

Legal situation and history

Prostitution had been illegal in Thailand [9] since 1960, when a law was passed under pressure from the United Nations. However, the prohibition was seldom enforced. Instead, the government has instituted a system of monitoring sex workers in order to prevent their mistreatment and to control the spread of sexually transmitted diseases.^[1] The 1960 Law was repealed by The Prevention and Suppression of Prostitution Act, B.E. 2539 (1996)[10].

Thailand has an ancient, continuous tradition of legal texts, generally described under the heading of Dhammasattha literature (Thai pron., tam-ma-sat), wherein prostitution is variously defined, and universally banned. The era of traditional legal texts came to an end in the early 20th century, and the significance of these earlier texts on both the writ and spirit of modern legislation cannot be overlooked.^[7]

The "Entertainment Places Act of 1966" is one of the modern laws regulating massage parlors, go-go bars, karaoke bars, bathhouses and similar establishments. Under this law such establishments are required to be licensed. The law does not expressedly permit prostitution, but allows for "service providers" and "bath service providers," differentiated from regular, non-sexual service staff.^[8] For example, there are massage parlors where men come and look at women, who are sitting separated by a glass wall (known as a "fishbowl"), and may choose whom they want. The women go to a room where they bathe and massage the customers, but in reality may do much more than that. It is left for the customer to decide what kind of "special service" he really wants, and because of this, such establishments are able to avoid being designated as illegal brothels.^{[citation needed]}

The Entertainment Places Act was enacted at a time when the Thai Government thought to increase state revenue from the "rest and recreation" activities of the U.S. Armed Forces stationed in both Thailand and Vietnam.^{[citation needed]}

The Prevention and Suppression of Prostitution Act, B.E. 2539 (1996)[11] (the “Prostitution Law”), is the central legal framework prohibiting prostitution. The law defines prostitution as any act done to gratify the sexual desire of another in exchange for money or any other benefit, but only if it is done “in a promiscuous manner”. The Prostitution Law does not define what exactly a “promiscuous manner” constitutes, and the act of prostitution by itself is not outlawed anymore, while solicitation is. The crime of solicitation is vaguely defined. A “John” soliciting the services of a prostitute is liable under the Prostitution Law only if the solicitation is done “openly and shamelessly or causes a nuisance to the public”, the penalty being a fine of up to 1,000 baht.^[9]

Legalization attempt

In 2003, the Ministry of Justice considered legalizing prostitution as an official occupation with health benefits and taxable income and held a public discussion on the topic. Legalization and regulation was proposed as a means to increase tax revenue, reduce corruption, and improve the situation of the workers.^[5] However, nothing further was done.

HIV/AIDS

The prevalence of HIV/AIDS in Thailand, and especially among sex workers, has been the subject of significant media and academic attention, and Thailand hosted the XV International AIDS Conference, 2004.

Mechai Viravaidya, known as "Mr. Condom",^[10] has campaigned tirelessly to increase the awareness of safe sex practices and use of condoms in Thailand. He served as minister for tourism and AIDS prevention from 1991 to 1992; he also founded the restaurant chain Cabbages and Condoms.

After the enactment of the Thai government's first five-year plan to combat the HIV/AIDS epidemic in the country, including Mechai's "100% condom program", as of 1994, the use of condoms during commercial sex jumped markedly, to 90%. No current data on the use of condoms is available. The program instructed sex workers to refuse intercourse without a condom, and monitored health clinic statistics in order to locate brothels that allow sex without condoms.^[1]

Thailand was praised for its efforts in the fight against HIV/AIDS during the late 1990s, but a study in 2005 found that the lack of public support in the previous several years had led to a resurgence of the disease.^[11]

Reasons for the existence of prostitution in Thailand

Although prostitution in Thailand is widely believed to exist because of the lack of employment opportunities for large numbers of uneducated rural women, particularly during the period of the Vietnam war, when a large number of US troops passed through Thailand, the truth is that widespread prostitution existed in this part of the world for thousands of years. It is noted that the Khmer emperors had as many as a thousand concubines at their disposal.

However, the main reason that prostitution is a lasting industry in Thailand is that many Thai men of all levels of society, especially government officials, actively protect and promote the sex industry, the latter through entertainment-related media and activities.^{[citation needed]}

Godfather of Prostitution exposes politicians

Chuwit Kamolvisit, owner of several massage parlors in Bangkok and considered by many "a godfather of prostitution" in Thailand, revealed in 2003 that some of his best clients were senior politicians and police officers, whom he also claimed to have paid, over a decade, more than £1.5m in bribes so that his business, the real business of selling sex, could thrive.^[12] “I used to buy whole trays of Rolex watches for police officers. I used to carry cash in black plastic bags for them (police)."^[13]

The Guardian of the UK has stated, "He's the godfather of the Thai sex industry – and what he knows about corruption could bring down the government."^[12] The Thai media was gripped by Chuwit's claims and the headlines ran: Top Cops Got Free Sex And Drinks.

Although Thailand's sex trade aimed at foreigners is overt and raucous, the enormous industry that caters exclusively to Thai men had never before been publicly scrutinised, let alone the sexual exploits of Thailand's unchallengeable officials.^[12]

Government Politicians and Prostitution

Support of prostitution is pervasive in political circles, as the BBC News reported in 2003 that "MPs from Thailand's ruling Thai Rak Thai Party are getting hot under the collar over plans by the party leadership to ban them from having mistresses or visiting brothels" … "One MP told The Nation newspaper that if the rules were enforced, the party would only be able to field around 30 candidates, compared to its more than 200 sitting MPs."^[14]

Attitudes towards women can be described by MP Thirachai Sirikhan, informing The Nation newspaper, "To have a mia noi (mistress) is an individual's right. There should be no problem as long as the politician causes no trouble to his family or society".^[14]

Having many wives was a common attribute of Thai culture in the past, but because prostitution is so pervasive, a common attitude among women is that they expect their husbands to cheat, and don't believe them if they deny it.^{[citation needed]}

Both politicians and police have been supporting and indulging in the prostitution industry openly. Khun Tavich, a veteran politician at 76 years was under fire in 2005 for impregnating a 14 year old girl, who worked across the street from the congressional building.^[15] It is well-known, for example, that the father of a female member of Parliament is the owner of the Poseidon massage parlor on Ratchadapisek Road, a fairly deluxe establishment with several stories of jacuzzi-equipped rooms.

After a police raid on some Bangkok parlours where policemen had sex with prostitutes, "Acting Suthisan Police chief Colonel Varanvas Karunyathat defended the police action, saying that the (police) officers involved needed to have sex with the masseuses to gain evidence for the arrest."^[16] Apparently, this is standard practice as a separate police force did the same in Pattaya in May 2007.^[17]

Even more evidence of politicians supporting the prostitution industry and the sexual habits of elderly Thai men in general can be gleaned from the fact that Viagra is being given to elderly voters in exchange for their votes in an election drive.^[18]

Interview with a Thai human rights activist

Kritaya Archavanitkul, a Thai human rights activist, interviewed by UC Berkeley Institute of International Studies, said,

"This is sad to say, that the Thai social structure tends to accept this sort of abuse, and not only to accept – we have laws, we have bills that vitally support the existence of these sex establishments. That's one thing. And also, we have a Mafia that is also involved in the political parties, so this keeps the abuse going. The second reason is a cultural factor. I don't know about other countries, but in Thailand the sexual behavior of Thai men accepts prostitution. Every class of Thai men accept it, although not all Thai men practice it. So they don't see it as a problem. So when it comes to the policymakers, who are mostly men, of course, they don't see this as a problem. They know there are many women who are brought into prostitution in Thailand. They know that some are treated with brutal violence. But they don't think it's a terrible picture. They think it's just the unlucky cases. And, because of the profit, I think there are many people with an interest involved, so they try to turn a blind eye to this problem.

^[19]

Organized Crime

The red-light districts of Thai cities are home to Chinese-owned brothels, casinos, and entertainment facilities that function both as sources of income and as operations centers for trafficking in humans and narcotics and extortion.^[20] The Chinese organized crime groups engaging in human trafficking, called the “Piglet Gangs” by the Thai police.^[20]

Forms of prostitution

Prostitution in Thailand can be found in a number of venues, including brothels, massage parlors, saunas, hostess bars, go-go bars, "beer bars" and karaoke places.

Body massage

Body massage (Ab ob nuat, washing and massage in Thai) in Thailand most often consists of either an oil massage or a bath treatment which might include sexual services.

Thailand is also known for a non-sexual traditional style of massage, completely unrelated to the erotic body massage. Traditional, "ancient", or "therapeutic" Thai massage (Nuat Phaen Boran, Thai: นวดแผนโบราณ) is very relaxing and beneficial. The masseuse or masseur is well trained, often at temple academies such as Wat Pho in Bangkok.

Bars catering to foreigners

The most prevalent form of interaction with Westerners—though it is far less common than the Thai sex trade—is through the various forms of bars. Young women ("bar girls", or men in the case of gay bars, or transsexual "kathoeys") are employed by the bars either as dancers (in the case of go-go bars) or simply as hostesses who will encourage customers to buy them drinks.

Go-go bars are distinguished by having dancing on stage similar to a strip club in Western countries. Beer bars and hostess bars are similar. Beer bars are outdoors, fairly small, and often clustered together with other beer bars; hostess bars are generally indoors.

Apart from these sorts of bar, there are a number of other venues for the sex trade; some bars, while not employing staff as sex workers, will allow women to solicit clients. Many Thai prostitutes have the ultimate goal of meeting a rich Westerner as husband or boyfriend.^[21]

Sex tourism

Thailand is a major destination for tourists from the Western World who travel to this country to have sex with prostitutes. Sex tourism in Thailand can trace its origins to the presence of American military on rest and recreation leave during the Vietnam War ^[22].The huge economic disparities between Thai locals and the Western tourists contribute to the proliferation of sex tourism to Thailand.

Child sex tourism is a serious problem in the country. Thailand, along with Cambodia, India, Brazil and Mexico has been identified as a leading hotspot of child sexual exploitation.^[23]

Prostitution and crime in Thailand

Child prostitution

The exact number of child-prostitutes in Thailand is not known, but Thailand’s Health System Research Institute reports that children in prostitution make up 40% of prostitutes in Thailand ^[24].

The reasons why and how children are commercially sexually exploited include ^[22]:

• Poverty: a high proportion of the population lives in poverty.
• Ethnic hill tribe children: these children live in the border region of northern Thailand. They suffer from disproportionate levels of poverty in relation to the general population and most of them lack citizenship cards. This means that they do not have access to health care or primary school, which limits their further education or employment opportunities.
• Trafficked children: Many children are trafficked into or within the country through criminal networks, acquaintances, former trafficking victims and border police and immigration officials who transport them to brothels across Thailand.
• Sense of duty: According to traditional customs the first duty of a girl is to support her family in any way she can. Due to this sense of duty and to pay off family debts, many girls have been forced into prostitution and some have even ‘married’ their abusers.
• Wealthy tourists: Child sex tourism is a serious problem, numerous tourists from the Western World travel to Thailand to have sex with children.
• Foreign child sex offenders: Some foreign sex offenders residing in Thailand have taken up professions with access to children or are involved in trafficking children and organising sex tours for others.

Children are exploited in sex establishments and are also approached directly in the street by tourists seeking sexual contact ^[25].

Human Trafficking

Thailand is listed by the UNODC as both a top destination for victims of human trafficking and a major source of trafficked persons.^[26]

A proportion of prostitutes over the age of 18, including foreign nationals from Asia and Europe, are in a state of forced sexual servitude and slavery.^[27]

There are reports of bribe taking by some low- or mid-level police officers facilitating the most severe forms of trafficking in persons ^[28].

Ethnic minorities such as northern hill tribe peoples, many of whom do not have legal status in the country, are at a disproportionately high risk for trafficking internally and abroad. Within the country women are trafficked from the impoverished northeast and the north to Bangkok for sexual exploitation.

According to the 2003 documentary Trading Women, most women trafficked into Thailand come from Myanmar; others come from Cambodia, Laos and China. The film cites as root causes of the trafficking problem the economic and political situation in Myanmar, the destruction of the traditional economy in Thai hill tribe regions resulting from development and opium suppression programs, the inability of many members of Thai hill tribes to obtain proper papers and participate in society, and the rampant corruption among police and border guards.

It is common that Thai women are lured to Japan and sold to Yakuza-controlled brothels where they are forced to work off their price. The reason why it is so easy to lure these women from neighboring countries is because Thailand has 56 unofficial crossover points and 300 checkpoints where people can simply cross over the borders without the need for any paperwork. This makes it easier for exploiters to get by without a hitch.^[1] Most legal entry points into Thailand demand some i.d.--either a passport or an identity card, but the problem of people who cross borders to work every day (like the USA/Mexican border) makes lax the rules due to familiarity of officers and frequent travelers.

In a landmark case in 2006, one such woman filed a civil suit in Thailand against the Thai perpetrators, who had previously been convicted in criminal court. The woman had managed to escape from the Yakuza-controlled prostitution ring by killing the female Thai mama-san and had spent five years in a Japanese prison.^[29]

Crimes against tourists

Petty theft and druggings of patrons of prostitutes, as well as numerous murders of those who visit prostitutes have occurred in Thailand. One high profile example is that of Toby Charnaud, 41, whose former prostitute wife clubbed him to death with an iron bar and wooden staves.^[30] This incident, like many other murders by former prostitutes of foreigners, are fueled by the Thai government's ban on foreign ownership of property, and the corruption and temptation of large amounts of cash that comes with it.

Many foreigners in Thailand are highly suspicious of police collusion with prostitutes.^{[citation needed]} According to The Guardian, Thailand has the highest death rate of any nation for Britons on holiday, some 224 Britons died in Thailand between April 2005 and March 2006, although most of those were long-term elderly British residents.^[31].

Organizations

Several support organizations for sex workers exist in Thailand. Most of them attempt to discourage women from taking up or continuing the trade.

EMPOWER is a Thai NGO that takes a neutral stance towards sex work and offers educational and counseling services to female sex workers. It has been operating since 1985 and has offices in Patpong (Bangkok), Chiang Mai, Mae Sai and Patong Beach.

SWIG (Sex Workers in Group) is a recent offshoot of EMPOWER, offering support to male and female sex workers in Patpong and Pattaya. It offers English classes, teaches safe sex, distributes condoms, and promotes health and safety with their gym and discounted medical examinations. The newly formed organization SISTERS works with transgender sex workers in Bangkok and Pattaya.

FACE is an organization that focuses on child prostitution and trafficking and is the main partner of the UN in the country. DEPDC is an organization that battles trafficking of women and children.

The Population and Community Development Association (PDA), headed by Mechai Viravaidya, pioneered family planning and safe sex strategies in Thailand over thirty years ago. The organization no longer focuses expressly on safe sex issues, but continues to provide information, condoms, and prevention programs around the country.

International Justice Mission is a U.S.-based Christian human rights organization which operates in Thailand to rescue brothel workers held in sexual slavery.

Books and documentaries

• Jordan Clark's 2005 documentary Falang: Behind Bangkok's Smile takes a rather critical view of sex tourism in Thailand.
• David A. Feingold's 2003 documentary Trading Women explores the phenomenon of women from the surrounding countries being trafficked into Thailand.
• Travels in the Skin Trade: Tourism and the Sex Industry (1996, ISBN 0745311156) by Jeremy Seabrook describes the Thai sex industry and includes interviews with prostitutes and customers.
• Cleo Odzer received her Ph.D. in anthropology with a thesis about prostitution in Thailand; her experiences during her three years of field research resulted in the 1994 book Patpong Sisters: An American Woman's View of the Bangkok Sex World (ISBN 1559702818). In the book she describes the Thai prostitutes she got to know as quick-witted entrepreneurs rather than exploited victims.
• Hello My Big Big Honey!: Love Letters to Bangkok Bar Girls and Their Revealing Interviews by Dave Walker and Richard S. Ehrlich (2000, ISBN 0867194731) is a compilation of love letters from Westerners to Thai prostitutes, and interviews with the latter.
• For an informative caricature of historical and contemporary sexual norms and mores of Thailand versus the West see the fiction novels of John Burdett including Bangkok 8 for the comparative anthropology of his half Thai-Western protagonist detective Sonchai Jitpleecheep.
• Dennis Jon's 2005 documentary travelogue The Butterfly Trap provides a realistic and non-judgmental first person viewpoint of sex tourism in Thailand.

References

Further reading

• A modern form of slavery: Trafficking of Burmese Women and Girls into Brothels in Thailand, 1993 report.
• Asia's sex trade is 'slavery' - BBC
• Prostitution in Thailand and Southeast Asia, by Justin Hall, 2004. Extensively referenced paper.
• Fight Against Child Exploitation (FACE) "The Coalition to Fight Against Child Exploitation (FACE) was founded in 1995 to monitor the legal/justice mechanism in Thailand."
• Patpong Sisters. Urban Desires, Volume 1, Issue 1, December 1994. Excerpts from the 1994 book Patpong Sisters (ISBN 1559702818) by anthropologist Cleo Odzer.
• Sexuality in Thailand, in The International Encyclopedia of Sexuality, 1997–2001
• "The brothel king's revenge" Guardian UK
• UC Berkeley Institute of International Studies, Interview with Thai Human Rights Activist Kritaya Archavanitkul
• The Diplomat: Sex, Lies, and Visa
• "Paradise Revealed": British Girl Raped and Murdered in Koh Samui Taipei Times
• Child protection in Thailand TAT article