Abstract:
This independent research explores legal issues regarding the prevention of recidivism in sexual offenses against children and examines relevant concepts, theories, and legal principles. The study analyzes key legal challenges and offers conclusions and recommendations for establishing effective legal guidelines to prevent recidivism in such cases. This qualitative study draws on a variety of sources, including legal documents, academic texts, articles, theses, journals, and online materials. The findings reveal that recidivism in sexual offenses against children is a critical issue with profound impacts on society and the development of child victims. The use of medical measures to rehabilitate repeat offenders according to Sections 19 and 21 of the Preventive Measures for Recidivism in Sexual or Violent Offenses Act B.E. 2565 faces limitations concerning obtaining consent from offenders. A comparative analysis of foreign legal frameworks, including those of South Korea and the United States, specifically in the states of Florida, California, Alabama, and Iowa indicate that these jurisdictions have established specific provisions aimed at effectively addressing recidivism and fostering a society that ensures the safety and protection of children from sexual abuse. It can be concluded that legal measures under Sections 19 and 21 of the Preventive Measures for Recidivism in Sexual or Violent Offenses Act B.E. 2565 should be revised to align more effectively with the enforcement of medical measures for repeat offenders in cases of sexual offenses against children under 15 years of age. The requirement to obtain the offenders consent should be removed to maximize the protection of children from potential sexual crimes.