Prosecutor of Pattani Province v. Rashane Noosuwan and party defendant (No. 1917/2550)

The plaintiff claimed the co-defendants and a party of five, together, committed battery against the victim, who is a twenty-six year old female, forcefully performed public indecency by grabbing the victim’s breasts, forced the victim to put the defendants’ genitalia parts in her mouth and gang raped the victim alternately. The second defendant denied raping the victim, contending he only forced his genitalia part in the victim’s mouth and grabbed the victim’s breasts. The Supreme Court held that this is overall a crime of gang rape. For the second defendant to force his genitalia part inside the victim’s mouth and grab the victim’s breasts during the gang rape reflected that the second defendant was a principal of first degree in the gang rape. The second defendant did not have to participate in the rape itself.