RA 9262 vs Dr. Hayden Kho

Republic Act 9262 covers abuse or violence like, physical, sexual, economic, verbal and psychological abuse. Now, with Dr. Hayden Kho's case, I don't see how our legal luminaries will see this case, but this is my view.


Here are several issues they may raise against Kho:


In RA 9262, sexual violence as defined in Sec 3 part B refers to it as an act which is sexual in nature, committed against a woman or her child.



- The act in the video is sexual in nature, no question about it, but is not against the woman's will. What is against the woman's will was the distribution of the video, which is yet to be covered by an existing law.



Section 3 part B.- rap, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object.



- Sex object? Well, probably, as he has this intention of recording the deed without the woman's knowledge, but again, this is, or should I say, this was for his personal 'consumption'.



Section 3A refers to Psychological violence.


- Key word here is 'likely to cause'. It is indeed likely that there's the probability that those videos would be stolen, much like your diary being read by someone after keeping and writing in it secretly for years. What's in Kho's computer or someone's diary may 'likely' cause psychological violence, but I believe that's what is needed to be established here is their intention.



There might be other cases NBI or DOJ is looking into what case will be filed against Dr. Hayden Kho, but there’s a probability that it will be RA 9262 as was already insinuated by Sec. Gonzales in his statement. Again, I'm not an expert on this matter but this is how I see this case will go. My heart goes out to Katrina and the others for being subjected to this misery.

The new Andres

We've known Andres de Saya since were little. A husband that either so love or so afraid of his wife. Andres is now a thing of the past, now we call them with different names, and despite that fact that this is a societal issue, we manage to laugh about it. Here's to name a few;


U.P.A.K - Unyong Patago sa mga Asawang Kinatatakutan

U.T.I.N - Unyon ng mga Tatay na Inaapi ng mga Nanay

P.U.K.I - Pambansang Unyon ng mga Kalalakihang Inaapi

U.H.A.W - Union of Husbands Afraid of Wives


With catchy and naughty names these 'organizations' are actually for real and they have members that ranges between 10-30 or even more, actively lurking in the cyberspace.

UPAK being the most active of them all with about 5-20 members participating in their forum. The likes of crav007, DreadLed,feth102, mutzie, execon,rchie and sparkee will always be there to share their 2cents for any member needing assistance.

PUKI's members are global, allegedly with chapters like PUKI-Ca (California) and PUKI-Mo (Missouri). The cyber origin of this 'organization' can be traced back to a bicolano forum.

I don't have exact details of UTIN and UHAW, but they do exist in other small forums but is either not active or is just a subplot to an existing topic.

DiegoSilang the yahoogroup was established four years ago with 30-50 members. Most members however are quite inactive, others like me, continues to carry on the fight for men's rights thru other venues.

While these groups carry unusual and not so serious names, they do have members who are ready to listen and they too are quite serious with their cause. Unfortunately, most of them remain hidden in the various corridors of cyberspace afraid of ridicule or wrath of their dreaded enemy.

Now is being a battered/abused men a mere myth? A pigment of our imagination? I don't think so. While most of us refuse to outdo our medieval thinking that men are superior in nature than women, this thought, projects how we see men and women of today. Again I say that until you see that both gender is equal, you'll always be a victim yourself. Since the launch of this site 2 months ago, it already reached about 200 visitors. Visitors now aware that this site and this cause for men’s rights now exist. Thank you!

Kinds of Abuse as defined under RA 9262 and who it protects.

Republic Act 9262 or the Anti-Violence Against Women and their Children Act of 2004 covers act or a series of acts committed by any person 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, harrasment or arbitrary deprivation of liberty. Now let's define each within the scope of RA 9262.

• Physical Violence (RA 9262 3A)- refers to acts that include bodily or physical harm. (Pananakit sa katawan, pambubugbog)
• Sexual Violence (RA 9262 3B) - refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

1. 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 her/him 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.
2. Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion.
3. Prostituting the woman or child.

• Psychological Violence (RA 9262 Sec 3C) - refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. 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.
• Economic Abuse (RA 9262 Sec 3D) - refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following;

1. Withdrawal of financial support or preventing the victim 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.
2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common.
3. Destroying household property.
4. Controlling the victims’ own money or properties or solely controlling the conjugal money or properties.

Coverage or who this law protects;

Per Section 3 of RA 9262, this law protects your;

• Wife
• Former wife
• Girlfriend or Mistress (with established sexual or dating relationship)
• Child or children (legitimate or illegitimate)
  

Domestic violence

Domestic Violence can happen to all. If you feel you are not sure that you are in this situation, please refer to the table below;

SIGNS OF AN ABUSIVE RELATIONSHIP
Your Inner Thoughts and Feelings	Your Partner’s Belittling Behavior
Do you: feel afraid of your partner much of the time? avoid certain topics out of fear of angering your partner? feel that you can’t do anything right for your partner? believe that you deserve to be hurt or mistreated? wonder if you’re the one who is crazy? feel emotionally numb or helpless?	Does your partner: humiliate, criticize, or yell at you? treat you so badly that you’re embarrassed for your friends or family to see? ignore or put down your opinions or accomplishments? blame you for his own abusive behavior? see you as property or a sex object, rather than as a person?
Your Partner’s Violent Behavior or Threats	Your Partner’s Controlling Behavior
Does your partner: have a bad and unpredictable temper? hurt you, or threaten to hurt or kill you? threaten to take your children away or harm them? threaten to commit suicide if you leave? force you to have sex? destroy your belongings?	Does your partner: act excessively jealous and possessive? control where you go or what you do? keep you from seeing your friends or family? limit your access to money, the phone, or the car? constantly check up on you?

Sources;
Domestic Violence Organization
http://www.domesticviolence.org

Help Guide.Org
A trusted Non Profit Resource - Understand, Prevent & Resolve Life's challenges
Domestic Violence and Abuse
Warning Signs and Symptoms of Abusive Relationships by;
Pat Davies, Melinda Smith, M.A., Tina de Benedictis, Ph.D., Jaelline Jaffe, Ph.D., and Jeanne Segal, Ph.D.
http://www.helpguide.org