SAS#20 CRI 174
SAS#20 CRI 174
A. LESSON PREVIEW/REVIEW
Introduction
Good day to all! We already started discussing specific investigations of crimes, and in our previous
discussion we discussed Investigation of Sex Crimes. Just to recap what we previously discussed, these
consist of salient features of sex crime, evidence needed in the filing of sex crimes and the investigative
techniques used in investigating sex crimes. Today, we will tackle the concept of Violence Against Women and
Their Children (VAWC). Generally, the conduct of investigations is focused on the procedures in handling
cases of VAWC. Likewise, this topic will also tackle the investigative techniques applied in VAWC. Further,
when child abuse is suspected, it is the duty of the investigating officer to submit the child (victim) for medical
examination and if possible refer it to the proper agency concerned such as the local office of the DSWD or to
the child section of the police department for proper custody as the case maybe.
B.MAIN LESSON
What is RA9262 or the Anti-Violence Against Women and Their Children Act of 2004?
It is a law that seeks to address the prevalence of violence against women and their children (VAWC)
by their intimate partners like their husband or ex-husband, live-in partner or former live-in partner,
boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former dating partner.
What are the acts of violence which are covered under R.A. 9262?
2. Sexual Violence – the acts which are sexual in nature committed against a woman or her child. It includes,
but is not limited to:
➢ Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body,
forcing him or her to watch obscene publications and indecent shows or forcing the woman or her child
to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser.
➢ Causing or attempting to make the woman or her child to perform sexual acts (that do not constitute
Rape) by use of force, threats, intimidation directed against the woman, her child, or her immediate
family.
➢ Prostituting the woman or her child.
3. Psychological Violence – Acts or omissions causing or likely to cause mental or emotional suffering of the
victim which includes, but is not limited to the following:
➢ Controlling or restricting the woman’s or her child’s movement or conduct
➢ Threatening to or actually depriving the woman or her child of custody or access to her/his family;
➢ Depriving or threatening to deprive the woman or her child of a legal right;
➢ Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, e.g.
repeated verbal and emotional abuse, and denial of financial support or custody or minor children or
denial of access to the woman’s child/children
➢ Threatening or actually inflicting physical harm on oneself for the purpose of controlling the woman’s
actions or decisions;
➢ It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.
➢ Causing substantial emotional or psychological distress to the woman or her child:
➢ Stalking or following the woman or her child in public or private places;
➢ Peering in the window or lingering outside the residence or the woman or her child;
➢ Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
➢ Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or
her child;
➢ Engaging in any form of harassment or violence
4. Economic Abuse – Acts that make or attempt to make a woman financially dependent upon her abuser,
which includes, but is not limited to the following:
➢ Preventing the woman from engaging in any legitimate profession, occupation, business or activity
except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
➢ Controlling the woman’s own money or property; or solely controlling the conjugal or common
money/properties;
➢ Destroying household property;
The following are the persons who are protected by R.A. 9262:
➢ Wife
➢ Former Wife
➢ A woman with whom the offender has or had sexual relations with
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
2. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as
a human being;
3. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
4. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.
1. Being in a community where there is armed conflict or being affected by armed conflict-related activities;
2. Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
development;
3. Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of life;
4. Being a member of an indigenous cultural community and/or living under conditions of extreme poverty or in
an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good
quality of life;
5. Being a victim of a man-made or natural disaster or calamity; or
6. Circumstances analogous to those above stated which endanger the life,
safety or normal development of children.
1. Physical Abuse – defined as any act which results in a non-accidental trauma or physical injury. Physical
abuse injuries result from punching, beating, kicking, biting, burning or otherwise harming a child. The longer
the abuse continues, the more serious the injuries to the child and the more difficult it is to eliminate the
abusive behavior.
2. Sexual Abuse– It is the involvement of the child in sexual activity with an adult or any person older or bigger
in which for gratification of an older person’s needs or desires are achieved. It also includes the employment,
use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another person to
engage in sexual intercourse or lascivious conduct or the molestation, prostitution or incest with children.
3. Emotional Abuse – it is commonly defined as the systematic tearing down of another human being. It is
considered a pattern of behavior that can seriously interfere with a child’s positive development. It can be
considered as the cruelest and most destructive of all types of abuse because it attacks the child’s psyche and
self-concept, the victim comes to see him or herself as unworthy of love and affection. Children who are
constantly shamed, humiliated, terrorized or rejected suffer at least as much, if not more, than if they had been
physically assaulted.
a. Rejecting – parents who lack the ability to bond will often display rejecting behavior toward a child. They tell
a child in a variety of ways that he or she is unwanted. The child may become the family scapegoat, being
blamed for all the family’s problems.
b. Ignoring – they may not show attachment to the child or provide nurturance. They may show no interest in
the child, express affection or even recognize the child’s presence. Many times, the parent is physically there
but emotionally unavailable.
c. Terrorizing – parents may single out one child to criticize and punish. They may ridicule him or her for
displaying normal emotions and have expectations far beyond his or her normal abilities. The child may be
threatened with death, mutilation or abandonment.
d. Isolating – parents may not allow the child to engage in appropriate activities with his or her peers; may
keep a baby in his room, not exposed to stimulation; or may prevent teenagers from participating in
extracurricular activities.
e. Corrupting – parents permit children to use drugs or alcohol; to watch cruel behavior towards animals; to
watch pornographic materials and adult sex.
4. Child Neglect – it is defined as a “type of maltreatment that refers to the failure to provide needed age-
appropriate care,” such as shelter, food, clothing, education, supervision, medical care and other basic
necessities needed for development of physical, intellectual and emotional capacities.
1. As a reporter, you were assigned to cover an ongoing case related to anti-VAWC. You know that
this type of case is very sensitive, and it is prohibited to put in public the name or face of the victim
without her consent, but for you to gain more views, you violated those rules. In this scenario, What is
the liability of a news reporter covering a pending court case for violation of the Anti-VAWC Act if he
or she includes in the TV report the name and face of the woman and other information without her
consent?
A reporter who reports a VAWC case who reveals the victim's identity without consent may face consequences
under the Anti-VAWC Act. This could lead to fines or imprisonment, and the media could also be penalized.
Such actions violate the victim's privacy rights and can cause further harm.
2. Based on the situation above In your own perspective or opinion is it okay to compromise the
integrity of your work just to gain leverage?
Compromising the integrity of one's work for personal gain is unacceptable, particularly in journalism, where ethical
standards of accuracy, fairness, and respect for privacy are paramount. Such actions erode trust, damage credibility,
and can harm vulnerable individuals, like victims of violence against women and children.
C. LESSON WRAP-UP
Summary
Other provisions of R.A. 7610:
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual
abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to,
the following:
Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including,
but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter,
shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.
Answer Key
1. Child Abuse
2. Cruelty
3. Battered Woman Syndrome
4. Battered Child Syndrome
5. R.A. 9262