What is the Anti-Violence Against Women and their Children Act of 2004

Anti-VAWC Act or RA 9262

Q : What is the Anti-Violence Against Women and their Children Act of 2004

 (Anti-VAWC Act) or RA 9262?

A : It is the law penalizing acts of violence against women and their children as a public crime. These acts include physical violence, sexual violence, psychological violence and economic abuse. These acts are punishable even if committed outside the house.

 Q : What is violence against women and their children or “VAWC” under the law?

A : VAWC refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationships, or with whom he has a common child, or against her child whether legitimate or illegitimate, inside or outside the family residence, which result or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse. It includes threats of the above acts, battery, assault, coercion, harassment  or arbitrary deprivation of liberty.

 Q : Who are protected by the law?

A : Women and their children.

 “Children” means the children of the abused woman, below 18 years old, legitimate or illegitimate, or 18 years old and above who are incapable of taking care of themselves, including children who are not her  biological children but who are under her care. If the acts are committed in the presence of the woman’s child, or if the woman or child is pregnant, the penalty shall be the maximum period prescribed by law.

Example: the woman’s niece who lives with her is a child under her care.

Q : Who are liable?

A : The following can be held liable for violation of RA 9262:

a. husbands;
b. former husbands;
c. present and former boyfriends or live-in partners;
d. those with whom the woman has a common child, or
e. anyone with whom she has/had sexual or dating relationship.

Example: A woman who has a child by her rapist who harasses or abuses her is protected by this law because they have a common child.

Can a woman be held liable for committing violation of RA 9262?

A : Women can also be liable under this Act. These are the lesbian partners/girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship.

Q : What is “sexual relations?”

A : Sexual relations refer to a single sexual act which may or may not result in the bearing of a common child.

Example: A prostituted woman can avail of the remedies under the law if she is being harassed or abused or publicly humiliated by a man with whom she had a single sexual contact.