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Objectives:
At the end of this lecture the participants
will be able to:
1. Identify the “Myths” of VAWC;
2. Define R.A 9262 (VAWC);
3. Identify who are the victims;
4. Identify the act or acts which constitute
Violence Against Women and their
Children;
5. Identify the remedies of the offended
party; and
.
6. Define “Battered Woman Syndrome.
MYTHS OF VAWC
Myth1
A man can do
whatever he wants to
his wife
THE TRUTH:
Nothing a woman does gives a man the right to hurt
her, Even if he thinks she deserves it—even if she
herself thinks she deserves it.
No man has the right to beat his wife.
Myth 2
He wouldn’t beat her if
he didn’t love
her so much
THE TRUTH:
Beating is not a sign of love.
Love means showing respect and kindness
Myth 3
Only, ignorant men
beat their wives
THE TRUTH:
Violence is not just a problem of poverty and
ignorance.
Violence can happen in any Home: rich or poor,
educated or less educated, in the city or in the rural
areas.
Myth 4
It’s just because he
drinks
THE TRUTH:
Alcohol does not cause violence, but it
often makes it worse.
Violence is also common in places where
peopledo not drink alcohol
Myth5
It’s their business.
It’s not right to interfere with
private affairs of couple
THE TRUTH:
Violence is not just a family matter. Many women
are hurt or killed.
Violence is a social and community health
problem.
Myth 6
It’s best for the children if she
stays with him. He can still be a
good father to them.
THE TRUTH:
It is not always better for the family when a woman
stays with a violent man. He is teaching the
children terrible, wrong ways to deal with their
feelings, and about how women should be treated.
REPUBLIC ACT 9262
“ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004”
(Anti-VAWC)
Violence against women and their children
- refers to any act or a series of acts committed
by any person against a woman or against her
child whether legitimate or illegitimate, within
or without the family abode, which result in or
is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse.
Woman- refers to the following:
1. wife
2. former wife
3. one with whom the person has or had
a dating or sexual relationship
4. one with whom he has a common child
Child- person below 18 years of age or older
but who is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition.
ACT OR ACTS WHICH CONSTITUTE
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
PHYSICAL VIOLENCE - refers to acts that
include bodily or physical harm.
-It also includes causing, Threatening,
attempting to cause physical harm to the
woman or her child or placing the woman or
her child in fear of imminent physical harm.
SEXUAL VIOLENCE - refers to an act which is
sexual in nature like rape,
-sexual harassment,
-acts of lasciviousness,
-treating a woman or her child as a sex object,
-making demeaning and sexually suggestive
remarks,
-forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room
with the abuser, forcing the woman or her child to
watch indecent shows or do indecent acts, or
prostituting the woman or child.
PSYCHOLOGICAL VIOLENCE - refers to acts or
omissions causing or is likely to cause mental or
emotional suffering of the victim like intimidation,
-harassment,
-stalking,
-peering in the window or lingering outside the
residence of the woman or her child,
-entering or remaining in the dwelling or on the
property of the woman or her child against his or her
will,
-destroying the property,
-public ridicule or humiliation,
-repeated verbal abuse and marital infidelity,
-or unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
ECONOMIC ABUSE - refers to acts that make
or attempt to make a woman financially
dependent like withdrawal of financial support
or preventing the victim from engaging in any
legitimate profession,
-occupation or business,
-deprivation or threat of deprivation of
financial resources and the right to the use
and enjoyment of their property,
-controlling the victim’s own money or
properties or solely controlling the conjugal
money or properties.
Remedies of the offended party
1. File a Petition for a Protection Order
2. File a Criminal Action for Violation of
Anti-VAWC
3. File a Criminal Action with reservation
of a separate civil action; or
4. File a Civil Action for Damages
PROTECTION ORDER - an order issued for
the purpose of preventing or safeguarding
further acts of violence against a woman or
her child, minimizing any disruption in the
opportunity and ability of the victim
victim’s daily life, and facilitating the
to
independently regain control over her life.
KINDS OF PROTECTION ORDER
1. BARANGAY PROTECTION ORDER (BPO) - issued by the
Punong Barangay, or in his absence the Barangay Kagawad,
ordering the perpetrator to desist from causing or
threatening to cause physical harm or bodily injury against
the offended party. This is effective for 15 days.
2. TEMPORARY PROTECTION ORDER (TPO) - issued by
the court on the date of filing of the application or in the
course of the hearing and effective for 30 days.
3. PERMANENT PROTECTION ORDER (PPO) - issued by
the court after notice and hearing and effective until
revoked by the court upon application of the person in
whose favor the order was issued.
RELIEFS GRANTED UNDER THE PROTECTION
ORDER
1. Prohibition from committing or threatening to commit acts of
violence;
2. Prohibition from harassing, annoying, telephoning, contacting
or communicating with petitioner;
3. Removal or exclusion of respondent from residence of
petitioner, regardless of ownership of the residence, either
temporarily or permanently;
4. Directing respondent to stay away from the residence,
school, place of employment of petitioner or designated
family or household member;
5. Directing lawful possession and use by petitioner of
an automobile and other essential personal effects,
regardless of ownership;
6. Granting a temporary or permanent custody of a
child/children to petitioner;
7. Directing respondent to provide support to the
woman and/or her child if entitled to legal support;
8. Prohibition to use, possess any firearm or deadly
weapon and to surrender the same to the court
including revocation of license and disqualification
to apply for license;
9. Actual damages;
10. Directing DSWD or any appropriate
agency to provide temporary shelter;
therapy, counseling, and
11. other reliefs
WHO MAY FILE PETITION FOR
PROTECTION ORDER
1. offended party
2. parents or guardian
3. ascendants, descendants and other relatives
4. Social Worker
5. Police Officer
6. Punong Barangay or kagawad
7. Lawyer, counselor or therapist
8. Two (2) concerned and responsible citizens
WHERE TO APPLY FOR A PROTECTION
ORDER
BPO- in the Barangay where the parties reside or
where the respondent resides.
TPO and PPO- in the Family Court where the
petitioner resides. If none, in the RTC, MeTC,
MTC or MCTC where the petitioner resides.
BATTERED WOMAN SYNDROME
(BWS) - refers to a scientifically defined
pattern of psychological and behavioral
symptoms found in women living in
battering relationships as a result of
cumulative abuse. This is a novel
defense where victim-survivors do not
incur criminal and civil liability.
People of the Phil. Vs.Marivic Genosa
GR No. 135981, January 15, 2004
Final thought
A lot of men act like they are doing a woman a favor by asking for
her hand in marriage but let’s think about this:
She changes her name,
Changes her home,
Moves in with you,
Gets pregnant for you,
Bears children for you,
Pregnancy destroys her body,
She gets fat,
Almost give up in the labour room due to an explainable pain.
Even the kids she delivers bear your name. Till the day she dies,
everything she does benefits you. So who is really doing a favor?
“Dear man appreciate your wife today because it is not easy to be a
woman.
- THE END -
. The contact may be by the body of the accused such as by the lips, hands, foot; or by means of any object or instrument. In either case there
must be no form of insertion into the anus, mouth or sex organ amounting to rape through sexual abuse.
2.It is distinguished from Attempted Rape in that there is no intent to have sexual intercourse with the victim. The intent may be inferred from
the circumstances of time, place, and occasion, or inferred from the nature of the act itself.
3. It is distinguished from Unjust Vexation in that there is no lewd design in unjust vexation
Example: (i) The acts of an ardent lover such as kissing, embracing arising from his passion, are unjust vexation merely. (ii). The touching of the
private parts of a woman out of curiosity is unjust vexation.
4.If the acts of lasciviousness (including sexual intercourse) is performed upon a child exploited in prostitution or other sexual abuse (i.e. abuse
other than the acts of lasciviousness such as when the child is the subject of an obscene publication or pornography or of indecent shows)
whether male or female, the acts would constitute sexual abuse punished under R.A. 7610 ( The Child Abuse Law) ( Olivarez vs. C.A., July 29,
2006)
B. Kinds:
1. Forcible (Article 336) if made under circumstances of forcible rape, i.e through force, threat, violation, intimidation.
a. The accused may be any person and the victim may be a male or female
2. Consented: (Article 339) if made under circumstances of seduction whether simple or qualified i.e.
a) victim is a female of chaste character
b) over 12 years but below 18 years, or a widow
c) there was deceit or abuse of authority, abuse of confidence or abuse of relationship
A. Concept: the act of making a physical contact with the body of
another person for the purpose of obtaining sexual gratification other
than, or without intention of, sexual intercourse.
PROCEDURE IN
FILIN
G CRIMINAL CASE
Complainant
files complaint
Police or other law
enforcement agency
Office of
the Prosecutor
Documents which may be
Submitted include:
affidavit of complainant,
affidavits of witnesses,
Medical Certificate,
Marriage Certificate,
Police Report
, etc.
PROCEDURE IN
FILIN
G CRIMINAL CASE
Conducts case
(build-up
investigation)
Police or
other law
enforcement
agency
Files Complaint
with Prosecutor
Office
Of the
Prosecutor
PROCEDURE IN
FILIN
G CRIMINAL CASE
Preliminary
Investigation
Office
Of the
Prosecutor
Is there
probable
cause?
Dismisses
Complaint
Files
Information
with proper
court
NO YES

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Gender-and-Violence.PowerPoint Presentation

  • 1.
  • 2. Objectives: At the end of this lecture the participants will be able to: 1. Identify the “Myths” of VAWC; 2. Define R.A 9262 (VAWC); 3. Identify who are the victims; 4. Identify the act or acts which constitute Violence Against Women and their Children; 5. Identify the remedies of the offended party; and . 6. Define “Battered Woman Syndrome.
  • 4. Myth1 A man can do whatever he wants to his wife
  • 5. THE TRUTH: Nothing a woman does gives a man the right to hurt her, Even if he thinks she deserves it—even if she herself thinks she deserves it. No man has the right to beat his wife.
  • 6. Myth 2 He wouldn’t beat her if he didn’t love her so much
  • 7. THE TRUTH: Beating is not a sign of love. Love means showing respect and kindness
  • 8. Myth 3 Only, ignorant men beat their wives
  • 9. THE TRUTH: Violence is not just a problem of poverty and ignorance. Violence can happen in any Home: rich or poor, educated or less educated, in the city or in the rural areas.
  • 10. Myth 4 It’s just because he drinks
  • 11. THE TRUTH: Alcohol does not cause violence, but it often makes it worse. Violence is also common in places where peopledo not drink alcohol
  • 12. Myth5 It’s their business. It’s not right to interfere with private affairs of couple
  • 13. THE TRUTH: Violence is not just a family matter. Many women are hurt or killed. Violence is a social and community health problem.
  • 14. Myth 6 It’s best for the children if she stays with him. He can still be a good father to them.
  • 15. THE TRUTH: It is not always better for the family when a woman stays with a violent man. He is teaching the children terrible, wrong ways to deal with their feelings, and about how women should be treated.
  • 16. REPUBLIC ACT 9262 “ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004” (Anti-VAWC)
  • 17. Violence against women and their children - refers to any act or a series of acts committed by any person against a woman or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse.
  • 18. Woman- refers to the following: 1. wife 2. former wife 3. one with whom the person has or had a dating or sexual relationship 4. one with whom he has a common child
  • 19. Child- person below 18 years of age or older but who is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
  • 20. ACT OR ACTS WHICH CONSTITUTE VIOLENCE AGAINST WOMEN AND THEIR CHILDREN PHYSICAL VIOLENCE - refers to acts that include bodily or physical harm. -It also includes causing, Threatening, attempting to cause physical harm to the woman or her child or placing the woman or her child in fear of imminent physical harm.
  • 21. SEXUAL VIOLENCE - refers to an act which is sexual in nature like rape, -sexual harassment, -acts of lasciviousness, -treating a woman or her child as a sex object, -making demeaning and sexually suggestive remarks, -forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser, forcing the woman or her child to watch indecent shows or do indecent acts, or prostituting the woman or child.
  • 22. PSYCHOLOGICAL VIOLENCE - refers to acts or omissions causing or is likely to cause mental or emotional suffering of the victim like intimidation, -harassment, -stalking, -peering in the window or lingering outside the residence of the woman or her child, -entering or remaining in the dwelling or on the property of the woman or her child against his or her will, -destroying the property, -public ridicule or humiliation, -repeated verbal abuse and marital infidelity, -or unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
  • 23. ECONOMIC ABUSE - refers to acts that make or attempt to make a woman financially dependent like withdrawal of financial support or preventing the victim from engaging in any legitimate profession, -occupation or business, -deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of their property, -controlling the victim’s own money or properties or solely controlling the conjugal money or properties.
  • 24. Remedies of the offended party 1. File a Petition for a Protection Order 2. File a Criminal Action for Violation of Anti-VAWC 3. File a Criminal Action with reservation of a separate civil action; or 4. File a Civil Action for Damages
  • 25. PROTECTION ORDER - an order issued for the purpose of preventing or safeguarding further acts of violence against a woman or her child, minimizing any disruption in the opportunity and ability of the victim victim’s daily life, and facilitating the to independently regain control over her life.
  • 26. KINDS OF PROTECTION ORDER 1. BARANGAY PROTECTION ORDER (BPO) - issued by the Punong Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to desist from causing or threatening to cause physical harm or bodily injury against the offended party. This is effective for 15 days. 2. TEMPORARY PROTECTION ORDER (TPO) - issued by the court on the date of filing of the application or in the course of the hearing and effective for 30 days. 3. PERMANENT PROTECTION ORDER (PPO) - issued by the court after notice and hearing and effective until revoked by the court upon application of the person in whose favor the order was issued.
  • 27. RELIEFS GRANTED UNDER THE PROTECTION ORDER 1. Prohibition from committing or threatening to commit acts of violence; 2. Prohibition from harassing, annoying, telephoning, contacting or communicating with petitioner; 3. Removal or exclusion of respondent from residence of petitioner, regardless of ownership of the residence, either temporarily or permanently; 4. Directing respondent to stay away from the residence, school, place of employment of petitioner or designated family or household member;
  • 28. 5. Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership; 6. Granting a temporary or permanent custody of a child/children to petitioner; 7. Directing respondent to provide support to the woman and/or her child if entitled to legal support; 8. Prohibition to use, possess any firearm or deadly weapon and to surrender the same to the court including revocation of license and disqualification to apply for license;
  • 29. 9. Actual damages; 10. Directing DSWD or any appropriate agency to provide temporary shelter; therapy, counseling, and 11. other reliefs
  • 30. WHO MAY FILE PETITION FOR PROTECTION ORDER 1. offended party 2. parents or guardian 3. ascendants, descendants and other relatives 4. Social Worker 5. Police Officer 6. Punong Barangay or kagawad 7. Lawyer, counselor or therapist 8. Two (2) concerned and responsible citizens
  • 31. WHERE TO APPLY FOR A PROTECTION ORDER BPO- in the Barangay where the parties reside or where the respondent resides. TPO and PPO- in the Family Court where the petitioner resides. If none, in the RTC, MeTC, MTC or MCTC where the petitioner resides.
  • 32. BATTERED WOMAN SYNDROME (BWS) - refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. This is a novel defense where victim-survivors do not incur criminal and civil liability. People of the Phil. Vs.Marivic Genosa GR No. 135981, January 15, 2004
  • 33. Final thought A lot of men act like they are doing a woman a favor by asking for her hand in marriage but let’s think about this: She changes her name, Changes her home, Moves in with you, Gets pregnant for you, Bears children for you, Pregnancy destroys her body, She gets fat, Almost give up in the labour room due to an explainable pain. Even the kids she delivers bear your name. Till the day she dies, everything she does benefits you. So who is really doing a favor? “Dear man appreciate your wife today because it is not easy to be a woman.
  • 35. . The contact may be by the body of the accused such as by the lips, hands, foot; or by means of any object or instrument. In either case there must be no form of insertion into the anus, mouth or sex organ amounting to rape through sexual abuse. 2.It is distinguished from Attempted Rape in that there is no intent to have sexual intercourse with the victim. The intent may be inferred from the circumstances of time, place, and occasion, or inferred from the nature of the act itself. 3. It is distinguished from Unjust Vexation in that there is no lewd design in unjust vexation Example: (i) The acts of an ardent lover such as kissing, embracing arising from his passion, are unjust vexation merely. (ii). The touching of the private parts of a woman out of curiosity is unjust vexation. 4.If the acts of lasciviousness (including sexual intercourse) is performed upon a child exploited in prostitution or other sexual abuse (i.e. abuse other than the acts of lasciviousness such as when the child is the subject of an obscene publication or pornography or of indecent shows) whether male or female, the acts would constitute sexual abuse punished under R.A. 7610 ( The Child Abuse Law) ( Olivarez vs. C.A., July 29, 2006) B. Kinds: 1. Forcible (Article 336) if made under circumstances of forcible rape, i.e through force, threat, violation, intimidation. a. The accused may be any person and the victim may be a male or female 2. Consented: (Article 339) if made under circumstances of seduction whether simple or qualified i.e. a) victim is a female of chaste character b) over 12 years but below 18 years, or a widow c) there was deceit or abuse of authority, abuse of confidence or abuse of relationship A. Concept: the act of making a physical contact with the body of another person for the purpose of obtaining sexual gratification other than, or without intention of, sexual intercourse.
  • 36.
  • 37. PROCEDURE IN FILIN G CRIMINAL CASE Complainant files complaint Police or other law enforcement agency Office of the Prosecutor Documents which may be Submitted include: affidavit of complainant, affidavits of witnesses, Medical Certificate, Marriage Certificate, Police Report , etc.
  • 38. PROCEDURE IN FILIN G CRIMINAL CASE Conducts case (build-up investigation) Police or other law enforcement agency Files Complaint with Prosecutor Office Of the Prosecutor
  • 39. PROCEDURE IN FILIN G CRIMINAL CASE Preliminary Investigation Office Of the Prosecutor Is there probable cause? Dismisses Complaint Files Information with proper court NO YES