Anti-Violence Against Women and their Children (VAWC)
Violence against women and children is a grave violation of human rights that robs individuals of dignity, safety, and the opportunity to thrive. This injustice perpetuates cycles of fear, trauma, and inequality, leaving lasting scars on victims, families, and societies.
We must unite to break this cycle. Women and children deserve to live free from harm, whether physical, emotional, or psychological. Education, empowerment, and strong legal protections are critical in addressing the root causes of violence and ensuring justice for survivors.
The Anti-Rape Law of 1997 redefines rape as:
A crime against persons
Rape violates a person’s well-being and not just one's virginity or purity. The law considers that any person, whether a prostituted person, non-virgin, or one who has an active sexual life may be victimized by rape.
A public offense
By declaring that rape is a crime against persons, the law no longer considers it as a private crime. Anyone who has knowledge of the crime may file a case on the victim’s behalf. The prosecution continues even if the victim drops the case or pardons the offender.
What constitutes rape?
Rape is committed, it is truly COMMITTED By a man who shall have sexual intercourse with a woman under any of the following circumstances:
- Through force, threat, or intimidation
- When the victim is deprived of reason or is unconscious
- Through fraudulent machination or grave abuse of authority; and
- When the victim is under twelve (12) years of age or is demented, even if none of the above circumstances are present.
Who can be raped?
Anyone can be a rape victim, but the incidence of rape is more rampant in women and girls.
Who can commit rape?
Any man or woman may be held liable for rape. A man can and may rape his own wife, an act deemed as “marital rape.” The penalty for rape in general may apply to the offender who commits marital rape.
How is the crime punished?
The penalty varies depending on the act itself and the circumstances surrounding it.
- Reclusion Perpetua (Imprisonment from 20 to 40 years) is imposed on the offender if rape is committed through sexual intercourse.
- Prison Mayor (Imprisonment from 6 to 12 years) is imposed on the offender if rape was committed through oral or anal sex or through the use of any object or instrument that was inserted into the mouth or anal orifice of the woman or a man.
What to do if someone is raped?
- Advise the victim to seek the help of a counselor or a therapist who is an expert in handling cases of
sexual abuse. - Assist her in securing a safe and temporary shelter if she needs to move to another place for security reasons. She can be referred to a crisis center or government agency offering temporary shelter.
- Make sure that the evidence is safe and intact. This would help should the victim decide to file a case.
- Secure a Medico-legal certificate from a Medico-legal officer. Absence of bodily injuries does not mean that rape did not occur or that the case may not be pursued anymore.
- Support the victim along the way when she decides to file a case.
- Ensure that she is prepared in all aspects. Help her understand the overall picture of the case. Inform her that doctors, police, lawyers, and judges may not be sensitive to her situation and experience.
- Help the victim choose the lawyer who understands her most.
- Coordinate with people who can assist or support her throughout.
What is Sexual Harassment?
Under RA 7877, work, education,or training related sexual harassment is “committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted or not by the object of said act.”
How is work-related sexual harassment committed?
Work-related Sexual Harassment is committed when:
- The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee
- The above acts would impair the employee’s rights or privileges under existing labor laws; or
- The above acts would result in an intimidating, hostile or offensive environment for the employee.
How is education or training-related sexual harassment committed?
Education or Training-related Sexual Harassment is committed:
- Against one who is under the care, custody or supervision of the offender;
- Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender;
- When the sexual favor is made a condition to the giving of a passing grade, or granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
- When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
A person who directs or induces another person to commit any act of sexual harassment or who cooperates to commit the act,
without which the said act would not have been committed,
will also be held liable under the law.
What is the duty of the employer of head of office in a work or education/training environment?
The employer or head of office is required by the law to prevent the occurrence of sexual harassment acts and to provide the procedures for the resolution, settlement or prosecution of sexual harassment. Towards this end, the employer or head of office shall:
- Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or student or trainees, through their duly designated representatives. Said rules and regulations shall prescribe the procedures for the investigation of sexual harassment cases and the administrative sanctions thereof.
The said rules and regulations should include guidelines on proper decorum in the workplace and educational or training institutions.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
- Create a Committee on Decorum and Investigation (CODI) of cases on sexual harassment. The committee shall conduct meetings or as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.
In the case of work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students and trainees, as the case may be.
The employer or head of office, educational or training institution shall disseminate or post a copy of RA 7877 tfor the information of all concerned.
What if the employer or head of office did not undertake any action despite his/her knowledge of the sexual harassment act/s?
The employer or head of office, educational or training institution will be held liable for the damages arising from acts of sexual harassment if they are informed by the offended party of the occurrence of such acts, yet no action has been undertaken.
Can an offended party seek redress by taking an independent action?
Yes, the offended party may take independent action for damages incurred in the act of sexual harassment. She/he may also avail of relief.
What are the penalties for offenders?
Any person who violates the provisions of the law shall be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten Thousand Pesos (P10,000) nor more than Twenty Thousand Pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
Any act arising from the violation of the provisions of this Act shall prescribe in three (3) years
Reference and Image source:
https://pcw.gov.ph/faq-ra-8353-an-act-expanding-the-definition-of-crime-and-rape/
https://pcw.gov.ph/faq-ra-8353-an-act-expanding-the-definition-of-crime-and-raps