Lesbian partner covered by Anti-Violence against Women Act

Dear PAO,

I am Carl a ,28 years old, and have been a lesbian all my life. I have been in an intimate relationship with Cristina, my girlfriend, for almost three years now. I wish to end it already because of her very strong personality an docsometimes force me to do things that resulted in us getting int over

- lat ion, or punching one another. As I am the only one working, she would get mad at me and cause me great pain if I did not give her an allowance, or spend for her “recreational expenses .” However, she wanted to be intimate with a sex toy between us and got mad at me when I adamantly refused. I was advised by my friend that “Violence Against Women and Children Law” because Cristina, my partner and girlfriend, is not a man. Is this correct?

Carla Dear Carla,

Based on the acts of Cristina which you have mentioned, it indeed appears that you have been a victim of violence against women and their children as otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (VAWC). violence against women and their children as “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 relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.”

Tested against the foregoing, it is clear that your intimate partner, Cristina, may be charged under the law for the several violent acts committed upon you, as you have narrated. It must be emphasized that your status as lesbian lovers, or the fact that Cristina is a female and not a “husband,” are of no moment as the scope of the law covers even lesbian partners.In the case of Jesus C. Garcia vs. Hon. Ray 25 June 2013), penned by Associate Justice Estela Perlas-Bernabe, the Supreme Court ruled:

likewise be committed ‘against a woman with whom the person has or had a sexual or dating relationship.’ Clearly, the use of the genderneutral word ‘person’ who has or had a sexual or dating relationship with the woman encompasses even lesbian relationships.”

Based from the foregoing jurisprudence, it is clear that you criminal case against Cristina to do so, you would have at your disposal other reliefs to prevent violence against you, such as a Barangay Protection Order ( BPO), Temporary Protection Order (TPO), and a Permanent Protection Order ( PPO) under Section 8 of the same law.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.