[1][2] Due to police corruption and an economic reliance on prostitution dating back to the Vietnam War, it remains a significant presence in the country.
[9] Under the act, persons who solicit sex "... in an open and shameless manner..." (a phrase that is not clearly defined), or who are "... causing nuisance to the public..." are subject to a fine.
"[9] Additionally, any offense under Section 9 that is committed "by means of fraud, deceit, threat, violence, [or] the exercise of undue influence or coercion," results in a penalty that is "one-third heavier".
[9] Obtaining sexual services for oneself without any of the aggravating circumstances (underage victim, trafficking, by fraud, deceit, threat, violence, or the exercise of undue influence or coercion) remains legal and is not subject to punishment under Thai law.
According to the act, sex workers must also undergo rehabilitation for one year at a reform house upon the completion of punishment for practicing prostitution there.
"[24][25][23] In its annual human rights report for 2008, the US State Department noted that, "A government survey during the year found that there were 76,000 to 77,000 adult prostitutes in registered entertainment establishments.
35 percent of them had no access to public cash relief; some were refused government financial aid after they identified themselves as sex workers, while others had to lie about their profession in order to receive payments.
[35] The primary tourist "prostitution zones" of Thailand are often identified as the red-light districts of Bangkok,[20] and Pattaya[36][37] as well as Patong Beach Resort on Phuket Island.
[36] Rather than face of the risks of working independently, many sex workers choose the relative safety that comes with fixed employment in businesses such as "karaoke" bars, "massage" parlours, or brothels.
[47] One observer says that, "So-called 'karaoke bars' commonly feature karaoke machines as décor, even though few or no customers visit such venues to sing, but rather to buy sex service.
The FTSPA maintains that influential figures have used legal loopholes to open "pretty spas" or massage parlours where tourists can buy sexual services.
[23][51] The relationships established in such contexts superficially mimic the "dating" culture of the west, with a mix of friendship, intimacy, sexual entertainment, and money.
[52] The documented history of prostitution in Thailand goes back at least six centuries, with overt and explicit references by the Chinese voyager Ma Huan (1433) and subsequently by European visitors (Van Neck, 1604; Gisbert Heeck, 1655 and others).
[53] 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.
[47] In the 1950s the Thai prime minister Field Marshal Sarit Thanarat initiated a morality campaign which included the aim of criminalising prostitution through the imposition of fines and imprisonment.
[55] During the Vietnam War, Thailand's decision to offer "Rest and Recreation" facilities to US forces deployed in the region brought in considerable income to the country, raising the number of prostitutes there from around 20,000 in 1957 to around 400,000 in 1964.
[57] The government instituted a system of monitoring sex workers in order to prevent their mistreatment and to control the spread of sexually transmitted diseases.
In 2003, the Ministry of Justice considered legalising prostitution as an official occupation with health benefits and taxable income and held a public discussion on the topic.
[69] Pressure from often specialized "ladyboy" bars puts kathoeys at risk of contracting sexually transmitted diseases given that many customers are unwilling to use condoms.
He 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 £1.5 million in bribes so that his business, selling sex, could thrive.
[78] According to a Library of Congress study published in 2003, "The red-light districts of Thai cities are home to...brothels, casinos, and entertainment facilities that function both as sources of income and as operations centers for trafficking in humans...."[79]: 44 It has been estimated that organised crime groups have brought over a million women into Thailand from Yunnan in China, Laos, and Vietnam.
In November 2015, Prime Minister Prayut Chan-o-cha launched a "clean up Thailand" campaign to eliminate organised crime in all areas, including vice.
[89]: 16 The current Dalai Lama has asserted that women can attain enlightenment and function as equals to men in spiritual matters, but his branch of Buddhism is not the one practised in Thailand, which has its own particular canon of beliefs.
Buddhism also prescribes "acceptance and resignation in the face of life's pain and suffering",[88] in accordance with belief in karma and the expiation of sins from previous lives.
According to the US-based research institute “Protection Project”, estimates of the number of children involved in prostitution living in Thailand ranges from 12,000 to the hundreds of thousands (ECPAT International).
Thai nationals are subjected to sex trafficking in Thailand and in countries in North America, Europe, Africa, Asia, and the Middle East.
It is easy to lure these women from neighboring countries because Thailand has 56 unofficial crossover points and 300 checkpoints, where people can cross the border without paperwork.
[17] In a landmark case in 2006, one such woman, Urairat Soimee, filed a civil suit in Thailand against the Thai perpetrators, who had previously been convicted in a criminal court.
The woman had managed to escape from the yakuza-controlled prostitution ring by killing the female Thai mama-san and spent five years in a Japanese prison.
Some government officials are directly complicit in trafficking crimes, including through accepting bribes or loans from business owners and brothels where victims are exploited.