6 out of 9 vs RA 9262
June 19, 2009 6 out of 29 cases that day was about RA 9262. This is an issue, much like domestic violence. I'm in the courtroom awaiting for my turn. Every case about the RA 9262, I would secretly glance at both parties trying to pinpoint who the real victim is, but to no avail. I would focus my attention to those men as I imagine them behind bars for at least a day or two prior posting bail. Most of them only with one or two alleged violations of RA 9262, I was cited for four different offenses. Gladly my case was referred to mediation, and thereafter we reached settlement with my ex-wife.
RA 9262 is a criminal offense, and with that, you'll be jailed pending the resolution of your case. While this is bailable, surely the experience will haunt you forever. Now 6 out of around 20 men in that courtroom have been to jail for RA 9262, each of them needs to bail for their temporary liberty, liberty of their physical body but not of anguish that they are yet to bear with the case pending. The litigation fees, the alimony etc, will be next to haunt you besides the fact that you don't have a family to call now. You are alone men, you are doomed. You are hereby declared homeless and without money to even sustain a decent living.
Our cases may differ but I call on men to unite as this cause is for us. We've been empowering women for the past century that it now haunts us. The state should protect all its citizen regardless of gender, race or economic status. The Garcia case (as feminist groups call it) is still awaiting its decision from the Supreme Court questioning the constitutionality of RA 9262. I'm not after its abolition, rather for its amendment. We all need protection, not just women.
There's about a hundred studies about battered women and other domestic violence issues against women, but is it right to say that this does not happen to men or it's just that there's no study made about it as of yet? Just try google and there maybe about a thousand results all about women but only a couple for men. I joined a couple of internet forums just to see how Filipinos react about this issue on men being victims of domestic violence, and as I previously posted, I got about a couple of 'groups' discussing this issue. My conclusion still remains the same, we know it's happening, but we don't know how to react or counter it. Men still see fear of their wives as love not abuse and is often faced with ridicule instead of guidance. Anyone in an abusive relationship needs to seek help asap. We don't need to throw all our men to jail if they happen to be abusive, or they can't pay alimony or child support. What we need is support from the government instead of laws penalizing this and that.
Why not create a department who will handle all issues of domestic violence composed of professionals who can REALLY help instead of encouraging our women to seek legal remedies right away? Let those abusive men AND women go to counselling together or independently. If the state won't let us file divorce as they are clinging on to this 'sanctity' of marriage, then, for every Juan's sake, assist them go to counselling. Seeking legal remedies right away seems expediting the process of ruining the family. This is like saying 'send your husband/partner to jail first then reconcile after'. If your wife sent you to jail would you want to go kiss and make-up again? I don't think so.
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.
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.
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