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A call to amend RA 9262 otherwise known as Anti-Violence Against Women and Their Children Act of 2004, and a call for the government to come up with a better law providing EQUAL PROTECTION for all.

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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.

1 comments:

Adrian Sison said...
September 11, 2009 at 6:27 PM

I wrote a book AVAILABLE AT NATIONAL BOOK STORE
entitled ABUSED AND THE BATTERED MAN- www.adrian.i.ph
ATTY ADRIAN ORDONEZ SISON- If you want to order manny copies of the bookwrite to Atlas Publishing at 21st avenue Cubao Quezon City

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