Philippine Laws on VAWC

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Philippine Laws on VAWC

• R.A. 7610 Special Protection of Children Against
  Child Abuse, Exploitation and Discrimination Act
  of 1992
• R.A. 7877 Sexual Harassment Act of 1995
• R.A. 8353 RAPE Act of 1997
• R.A. 9208 Trafficking in Persons Act of 2003
• R.A. 9262 Anti-Violence Against Women and their
  Children Act of 2004

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Republic Act 7610

• Special Protection of Children Against Child
  Abuse, Exploitation and Discrimination Act of
  1992

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Who is a child?

• Any person below 18 years of age
• Those unable to protect themselves because of a
  physical or mental disability or condition
• What is child abuse?
• Maltreatment that includes psychological,
  emotional and physical abuse, neglect, cruelty,
  or sexual abuse
• Any act or word which debases or demeans the
  dignity of a child as a human being

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Child Prostitution and Sexual Abuse

• What is child prostitution?
• Children male or female
• Exploited in prostitution when they are coerced
  or influenced by an adult or a group for sexual
  intercourse or lascivious conduct

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Who are guilty of child prostitution?

• Those who act as procurer of child prostitution
• Take advantage of relationship or influence to
  procure a child
• Give money or goods to a child to make her/him
  engage in prostitution.

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Who are guilty of child prostitution?

• 4. Those who commit sexual intercourse or
• lascivious conduct with a child
• 6. Those who derive profit therefrom such as
• an owner or manager of disco, bar,
• sauna, resort or like establishments.

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Attempt to Commit Prostitution

• When any person, not a relative of a child, is
  alone with the child inside the room or cubicle
  of a house, inn, hotel, motel, resort, pension
  house, or a vessel or vehicle, or a hidden or
  secluded area, under circumstances leading to
  suspect risk of child prostitution.

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Other Acts of Abuse

• Any person who shall keep or have in his
  company a minor under 12 years of age, or 10 or
  more years his junior in any public or private
  place, hotel, beer joint, discotheque, pension
  house, massage parlor, beach or resort
• (Does not apply to a relative within 4th degrees
  of consanguinity or affinity, or acts in the
  performance of a social or legal duty.)

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Sanctions for Establishments or Enterprises

• When prohibited acts are facilitated by
  establishments or enterprises, they shall be
  closed, their license to operate cancelled, and
  owners and managers persecuted under this act and
  other applicable laws.

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Who May File a Complaint

• Offended party
• Parents or guardians
• Ascendant or collateral relative within 3rd
  degree of consanguinity
• Social worker or representative of child-caring
  institution
• Barangay chairman
• At least 3 concerned citizens where violation
  occurred.

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Confidentiality

• It shall be unlawful to print, announce, or
  cause undue and sensationalized publicity of the
  case.

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REPUBLIC ACT 7877Sexual Harassment Law of 1995

• What is sexual harassment?
• Any unwanted sexual advances or request for
  sexual favors
• Sexual conduct that creates pressure,
  discriminates or produces a hostile environment.

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Forms of sexual harassment

• Physical contact
• Verbal contact like suggestions, jokes, threats,
  obscene comments
• Written contact like letters, notes, text or
  email messages
• Visual contact like gestures, posting obscene or
  offensive posters, cartoons, etc.

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Where is sexual harassment committed and by whom?

• In the work or business environment, by an
  employer, manager, supervisor, etc, who makes the
  sexual favor a condition for employment, wage
  increase, promotion or the like
• In the education or training environment, by a
  teacher, instructor, professor, coach, or anyone
  having authority or influence, who makes the
  sexual favor a condition for a passing grade,
  scholarship, etc.

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Republic Act 8353

• Anti- Rape Law of 1997

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Salient Features of R.A. 8353

• RAPE as a crime against PERSONS
• - no longer a private crime
• (formerly crime against chastity)
• - MEN can be victims of rape
• MARITAL RAPE husband may be the offender
• - Married women can be victims of rape

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How rape is committed?

• Rape by penile penetration
• Rape by Sexual Assault
• - insertion of the penis into the anus or
  mouth
• - insertion of objects into the vaginal or
  anal orifice
• - jurisprudence has recognized the
  insertion of fingers or the tongue into the
  vagina as RAPE

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Rape committed through

• Force
• Intimidation
• Threat
• - to harm the victim or his/her family
• Fraudulent machination
• Grave abuse of authority

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Republic Act 9208

• Anti- Trafficking in Persons Act of 2003

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(No Transcript)
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Trafficking can happen

• With or without the victims consent or knowledge.

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Who are trafficked?

• WOMEN and MEN
• CHILDREN (GIRLS and BOYS)
• Why are they vulnerable?
• - minority and poor persons
• - those in conflict areas and areas visited by
• disasters, refugees and illegal migrants
• - mainly because of their low levels of
  education
• and illiteracy

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Who are the traffickers and buyers?

• Illegal recruiters
• Organized crime groups
• Local pimps and procurers
• Talent managers
• Male buyers (local and foreign) of prostituted
  women and children

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Who may file a complaint for trafficking in
persons?

• ANY PERSON who has personal knowledge of the
  commission of any offense
• Trafficked person
• His or her parents, spouse, siblings, children or
  legal guardian

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Republic Act 9262

• Anti-Violence Against Women and their Children
  Act of 2004

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What is VAWC?

• Any act committed against a woman or her child.
• The acts result in physical, sexual,
  psychological harm or suffering, economic abuse,
  threats of such acts, battery, assault, coercion,
  harassment, or deprivation of liberty
• The acts are committed within or outside the
  family residence.

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ABUSER vs. VICTIM in R.A. 9262

• Who are LIABLE? (Abuser)
• - ANY PERSON, whether male or female
• - Husband, ex-husband
• - Boyfriend or ex-boyfriend
• - Father of the womans child
• - Lesbian girlfriends/partners or ex-partners
• - Any person with whom the woman has/had
  a sexual relationship

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ABUSER vs. VICTIM in R.A. 9262

• Who are considered VICTIMS?
• - WOMEN and their CHILDREN
• - Wife or former wife
• - Woman who has had a sexual/dating
  relationship (girlfriend or
  live-in partner)
• - Woman with whom the abuser has a common
  child, regardless whether the child is
  legitimate or illegitimate
• - Womans child

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Who may file a complaint under R.A. 9262

• Any CITIZEN having personal knowledge of the
  circumstances of the crime
• This is because violence against women and their
  children is considered a PUBLIC CRIME

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Section 34. Persons Intervening Exempt from
Liability

• Any person private individual or police
  authority or barangay official who, acting in
  accordance with law, responds or intervenes
• Without using violence or restraint greater than
  necessary to ensure the safety of the victim
• Not liable for any criminal, civil or
  administrative liability

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Remedies under R.A. 9262Criminal action
protection orders

• Barangay Protection Order (BPO)
• - abuser to desist from causing physical
  harm to the woman and her child
• - valid for 15 days and renewable
  enforceable within the barangay
• issued

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Reliefs Protection Orders

• Temporary Protection Order (TPO)
• - issued by the Family Court (RTC), after ex-
• parte determination by the court
• - valid for 30 days and renewable
• Permanent Protection Order (PBO)
• - issued by the Family Court (RTC) after due
• notice and hearing