International Women’s Day 2013

I thought of sharing this information Assisting VAW (Violence Against Women) Survivors to the readers to celebrate Women’s Day. This came from an email sent by EnGenderRights.

Frequently Asked Questions on RA9262

1J What is the law that penalizes Anti-Violence against Women and Their Children (Anti-VAWC)1 The law on Anti-Violence against Women and Their Children Act or RA 9262

2)  Who are liable under RA 92621 Persons who are liable are the current or former husband/live-in partner or person the woman-survivor has or had sexual or dating (romantic/intimate) relationship.

3)  Can a battered man file acase under the Anti-VAWC law? No.

4)  Can a battered lesbian living with her lesbian partner seek protection under RA 92621Yes.

5)  What kind of protection orders can you get under RA 9262?The protection orders available under RA 9262 are Barangay Protection Order (BPO), Temporary Protection Order (TPO) and Permanent Protection Order (PPO).

6)  Should the barangay use a con’fidential logbook for Anti-VAWC cases1 Yes.

7)    Should the police blotter for Anti-VAWC cases be in a separate  blotter?

Yes.

8) Should be medico-legal officer be of the same sex as the woman VAW survivor? Yes, as far as possible, the examining physician must be of the same sex as the survivor. In cases of children survivors, only persons expressly authorized by the survivor shall be allowed inside the medical examination (Sec. 48, Rules on RA 9262).

9)  What acts arepenalized under RA 9262?The following acts are penalized:

SEC. 5. Acts of Violence Against Women and Their Children.– The crime of violence against women and their children is committed through any of the following acts:

(a)       Causing physical harm to the woman or her child;

(b)        Threatening to cause the woman or her child physical harm;

(c)       Attempting to cause the woman or her child physical harm;

(d)       Placing the woman or her child in fear of imminent physical harm;

(e)      Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in,or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or her child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:

(1)      Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family;

(2)      Depriving or threatening to deprive the woman or her children

of financial  support  legally due her or her family, or deliberately providing the woman’s children insufficient financial support;

(3)      Depriving or threatening to deprive the woman or her child of a legal right;

(4)      Preventing the woman in engaging in any legitimate profession, occupation, business or activity, or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties;

(f)   Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage inany sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/ his immediate family;

(h)   Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to  the woman or her child. This shall include, but not be limited to, the following acts:

(1)      Stalking or following the woman or her child in public or private

places;

(2)      Peering in the window or lingering outside the residence of the woman or her child;

(3)      Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4)      Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

(5)       Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the woman’s child/children.

10)WhatarethepenaltiesforthecrimesunderRA92621Thereshallbeimprisonment, fine in the amount of PlOO,OOO.OO-P300,000.00, and mandatory psychological counseling or psychiatric treatment, compliance of such treatment shall be reported to the court. The penalties and respective prescriptive periods are, as follows:

Crime

Penalty

Prescriptive Period

Sec. 5 (a) – causing physical harm

1)  serious  physical  injuries (over 30 days medical attention);

2)   less serious physical injuries

(10-30 days medical attention);

3) slight physical injuries

(1-9 days medical attention)

1)     prison mayor

[6 years. 1day-12 years];

2)     prision correccional [6mos.,1 day- 6 years];

3) arresto mayor

[30 days, 1 day- 6 mos.]

20years
Sec. 5 (b ) -Threatening to cause physical harm

No case lower than arresto mayor [not lower than 30 days, 1 day – 6 mos.]

20years

Crime

Penalty

Prescriptive Period
Sec.5 (c) -Attempting to cause

physical harm

Arresto mayor

[30 days, 1 day – 6 mos.]

20years
Sec.5 (d) – Placing in fear of

imminent physical harm

Arresto mayor

[30 days, 1 day – 6 mos.]

20years
Sec. s (e) – Attempting to compel or compelling to engage in con­ duct which the woman or child has the right to desist from; or to desist from conduct which woman or child has the right to engage in Prision correccional [6 mos.,1 day – 6 years]; 20years
Sec. 5 (f) – lnfliding or threatening to inflict physical harm on oneself

Arresto mayor

[30 days, 1 day – 6 mos.]

20years
Sec. s (g) – Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape

Prison mayor

[6 years. 1day -12 years];

10 years
Sec. 5 (h) – Engaging in reckless condud that alarms or causes psy­ chological distress (e.g., stalking; lingering outside the residence; entering or remaining in the dwelling; destroying property or inflicting harm to pets; any form of harassment or violence)

Prison mayor

[6 years. 1day -12 years];

10 years
Sec. 5 (i) – Causing emotional an­ guish, public humiliation includ­ ing repeated verbal and emotion­ al abuse and denial of financial support or custody of minor chil­ dren or denial of access to the woman’s child/children

Prison mayor

[6 years. 1day -12 years];

10 years

 

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