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PUNCHLINE: BREAKING THE SILENCE ON DOMESTIC VIOLENCE



It is tragic that Filipino families seem to submit to this subculture of domestic violence. Perhaps, this is the reason why our society seems to be lenient in implementing the laws on violence against women. It is about time to put an end to this malady. We need to cultivate a deeper understanding on the issue and its preventive measures.

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Domestic violence takes place when an intimate partner deploys power and superiority in a relationship through physical, sexual, or psychological abuse.[1] This results in the physical, mental or emotional trauma to the victim. Domestic violence is also referred to as intimate partner violence, domestic abuse, family violence, spousal abuse, wife abuse, and battering.


Domestic violence prevails within all cultures, ethnicities, faiths, age groups, education levels, income levels, and sexual orientations. It can arise between married or unmarried couples, couples who live in rural and urban areas, those that cohabitate or live separately. It can happen to people of all walks of life. It can even happen to you. Besides, sexual intimacy is not required to be present in a relationship in order for domestic violence to transpire.


While the statutory term for domestic violence usually includes other family members besides intimate partners, such as children, parents, siblings, sometimes roommates, and so on, practitioners typically apply the term domestic violence to a violent, systemic pattern of physical abuse, or psychological abuse between intimate partners. Victims of domestic abuse can be women or men; nevertheless, the overwhelming majority of domestic violence embraces women as victims and men as perpetrators. For this reason, many organizations concerned with domestic violence subject their attention and services specifically on violence against women and their children.


The following segment will discuss the categories and presence of domestic violence, as well as the various warning signs. The research paper concludes with a discussion of the judicial response to domestic violence.


The common attributes behind all types of abusive behaviors associated with domestic violence is the intent to conquer and rule over one’s partner or ex-partner through patterns of physical, sexual, or psychological abuse. The different types of abuse are discussed below.


A. Physical Violence

Physical violence involves the use of force, possibly resulting in physical harm, disability, or worse, death.[2] Examples include hitting, scratching, shoving, grabbing, biting, throwing, choking, shaking, kicking, burning, physical restraint, use of a weapon, or otherwise causing intentional physical injury to the victim.

B. Sexual Violence

Sexual violence occurs when one forces or compels a person to engage in a sexual act against his or her will.[3] If a participant cannot communicate an understanding of and willingness to engage in s sexual act for any reason, including, but not limited to disability, illness, and alcohol or drug intoxication, and the sex act is nonetheless attempted or completed by a perpetrator, an act of sexual violence transpires. Moreover, sexual violence sometimes occurs within physically or emotionally abusive relationships where the victim agrees to sexual activity solely as a means to avoid additional abuse or intimidation. Examples of this type are rape (including marital and date rape), attempted rape, inappropriate touching, unwanted voyeurism or exhibitionism, sexual harassment, or any type of sexual activity to which one does not willingly agree.

C. Psychological Violence

Psychological violence or emotional abuse refers to behaviours of intimidation, control, or coercion resulting in emotional trauma.[4] Threats of physical or sexual violence constitute psychological violence. Other examples are stalking, limiting or controlling the victim’s activities or behaviours, isolating the victim from contact with family or friends, limiting or denying the victim’s access to basic or financial resources, destroying the victim’s personal property, abusive behaviour toward a victim’s loved ones, verbal threats, humiliation, and any other behaviours intended to cause emotional pain, embarrassment, diminishment, or powerlessness.

While a relationship does not have to include all of the above behaviours in order to be considered abusive, a partner who attempts to wield dominance and control within a relationship through any threat or act of physical, sexual, or psychological abuse is committing an act of domestic violence. It is also important to note that while a few of the above behaviours are not necessarily prosecutable in criminal court, they nevertheless constitute abuse.


According to the preliminary results from the 2017 National Demographic and Health Survey (NDHS), one in four women suffered from spousal violence. Scholars have had a difficult time developing explanations for the occurrence of domestic violence. Yet, it is widely understood that abusers turn to such behaviours as a means to gain power and control over their partners. Such abuse, increase in their severity over time, when left unaddressed.


It is a major effort for domestic violence movement to debunk common myths about domestic violence. This is essential because there can be no accurate awareness of the issue if the public believes that it only affects certain groups of people and is therefore not in need of attention since it is not that common. The truth of the matter is that it affects people from all walks of life. Nobody is immune from domestic violence.


Likewise, many believe that if a victim really wants to stop the abuse, she should just walk out. The fact is that it is often very difficult for an abused victim to end the relationship. Victim stays with the abuser for many reasons, including, but not limited to economic constraints, child issues, fear, and intimidation. The assumption that when the victim leaves her abuser, she will be safe is another misconception. In reality, abused victims are in the most danger after the relationship has ended.


Certain laws that protect women from their abusers are the following:

  1. Republic Act No. 9262: Anti-Violence Against Women and Their Children Act of 2004. This Act states:

“It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The state also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.”[5]


2. Republic Act No. 9710: An Act Providing for the Magna Carta of Women. Certain parts of the Act states:


“It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome. The state condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).”[6]


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Steps to do when faced with domestic violence:

  1. Get to a safe place away from the abuser. On the first sign of violence, get out and protect yourself.

  2. Report the abuse to the Women’s Desk located in the nearest police station.

  3. Have the physical and/or sexual assault examined by a doctor and ask for a medical certificate as evidence of the assault.

  4. File for a Barangay Protection Order under RA 9262.

  5. Consult a therapist to cope up with the anxiety and depression brought about by the abuse.

The nagging question is: Are the above laws really doing their part in protecting women from perpetrators? Or are they just “laws” taking a backseat due to the norms of our society?


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For this research, the following will be the proposals:

  1. Interview domestic violence victims, movement/groups concerned with women’s rights and protection.

  2. Distribute handouts to women to let them be aware of their rights and the step by step guide on what to do when faced with domestic violence.

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MY PROJECT IMPLEMENTATION:

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FOOTNOTES:

[1] Mayo Clinic Staff. “Domestic Violence Against Women: Recognize Patterns, Seek Help.”

Healthy Lifestyle Adult Health, March 1, 2017, https://www.mayoclinic.org.

Accessed August 14, 2018.

[2] Guanzon, Maria Rowena Amelia, V. A Primer on Republic Act No. 9262. U.P. Law Complex, 2012.

[3] Concepcion, Danilo, L. Family Laws. U.P. Law Complex, 2011.

[4] Concepcion, Danilo, L. Family Laws. U.P. Law Complex, 2011

[5] Sec. 2, Republic Act 9262, 2004.

[6] Sec. 2, Republic Act 9710, 2009.

Note: Digital Photos and Illustrations from this blog are culled from internet sources and from government websites. Credits to the owners.


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ABOUT THE AUTHOR




Anselma M. Ordeñiza is a first year law student of University of Southern Philippines-Foundation. She is a licensed Real Estate Broker and Real Estate Appraiser by profession.


As a former school paper editor exposed to various issues, she continuously supports women's advocacy.



She is currently a public servant in one of the National Government Agencies based in Cebu City.







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